There are dozens of videos here on the Arthofer & Tonkin Law Offices website where we discuss important personal injury topics and insurance-related issues.
In many of my videos, I talk about the difficulties of dealing with insurance companies when you’ve been injured in a personal injury matter — including the tactics insurers use to minimize claims.
A critically important rule in California
Today, it may sound almost like I’m giving a sales pitch for insurance companies — but I’m not. I want to talk to you about a critically important area of law here in California.
You’re required to have auto or motorcycle insurance if you’re driving on the roadways in this state, and there can be severe penalties if you don’t have insurance and you’re involved in a personal injury accident.
This issue often comes up alongside questions about fault and liability after a crash.
What “damages” means in a personal injury case
In general, there are two categories of damages in a personal injury case. “Damages” means the monetary compensation you can receive as a result of being injured.
You might be thinking, “Why are lawyers always talking about money?” Unfortunately, in a personal injury case, no attorney — no matter how talented — can give you back what was taken from you.
What we can do is help put together the resources you need to pay for your medical bills, replace lost wages, and compensate you for future wage loss or future medical expenses — which we discuss further in our article on maximizing a personal injury claim.
Special damages vs. general damages
Those categories of damages break down into two parts: special damages and general damages.
Special damages are things you have receipts for, such as medical bills or wage loss.
General damages are what most people call pain and suffering — losses you don’t have a receipt for.
Why insurance matters if you’re injured
Having auto or motorcycle insurance is critical because, if you’re involved in a personal injury incident and don’t have insurance, California law prevents you from recovering your general damages — your pain and suffering.
Unfortunately, I’ve had many occasions to consult with or represent people who didn’t have insurance at the time they were injured. Some of these cases involved catastrophic injuries.
At the end of the day, I could only recover a limited amount for my client because their pain and suffering — the surgeries, long bone repairs, joint replacements, and permanent life changes — cannot be compensated without insurance.
What you can still recover
I can still recover medical bills, past and future, and wage loss — but compensation for the years your life has been changed may be unavailable if you don’t have insurance.
This often becomes even more complicated when insurance coverage is limited, which we explain in our article on uninsured and underinsured motorist coverage.
Don’t put yourself in a difficult position
That’s why it’s essential to carry appropriate automobile or motorcycle liability insurance if you’re driving. If someone injures you in an accident, you’ll be in a very difficult position when it comes to receiving full compensation without coverage.
Call us for a free consultation
Here at Arthofer & Tonkin Law Offices, this is what we do — we help people who’ve been injured by the negligence of someone else.
If that’s you, call us today for a free consultation. We’ll explain your options and help you decide what to do next.
