Be Careful Regarding Your Auto Insurance!
A recent case (Medina vs. Geico) found that, even though a person is badly injured in an accident as the result of another’s fault, and even though that person had personal auto insurance and was driving a van owned by that person’s employer (and the van was also insured), because the injured party was not driving the van in the normal course and scope of her employment and yet she regularly used it, neither her personal liability insurance nor her employer’s insurance on the van covered the accident.
You ask, so what? You said the other person was at fault. That is true. The other person was at fault. But, uninsured and underinsured motorist coverage can be extremely important to the recovery of damages in personal injury actions, especially when the person causing the accident is uninsured or insured for minimal amounts. In addition, the injured party must be insured in order to recover general damages, including pain and suffering (Civil Code, Section 3333.4).
In this case, because the injured party was “uninsured” at the time of the collision, after very detailed analysis of the insurance contract language, the injured party was unable to recover sufficient damages, whether from the causing party or her personal or employer auto coverage.
Getting and keeping the right insurance is very serious business. Serious accidents involve serious consequences, too; and we stand ready to help whenever you need us. Give us a call today at (951) 682-6400.
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James Heiting
The only past President of the State Bar of California ever elected from the Inland Empire, James Heiting handles civil litigation matters throughout California, recovering over $400 million for clients, dealing with wrongful death, serious injury, professional malpractice and transportation accidents. Also past President of Riverside’s County Bar, his firm has served the Inland Empire for over 30 years. View Attorney James Otto Heiting's Attorney Bio Here.
