When you suffer serious injuries in a car accident, the at-fault driver’s insurance should compensate you for medical bills, lost wages, pain and suffering, and future care needs. However, California only requires drivers to carry minimum liability coverage of $15,000 per person and $30,000 per accident for bodily injury. These amounts rarely cover the true cost of catastrophic injuries like spinal cord damage, traumatic brain injuries, or severe burns.
For over 40 years, Callahan & Blaine, PC has secured substantial compensation for injury victims facing inadequate insurance coverage. Our trial attorneys have recovered a $50 million personal injury settlement, the highest in United States history, and we bring that same commitment to every case involving insufficient policy limits.
Why Minimum Insurance Coverage Is Inadequate
California’s minimum liability requirements have not increased since 1985, despite dramatic rises in medical costs and injury treatment expenses. A single emergency room visit can exceed $15,000, leaving nothing for follow-up care, rehabilitation, or wage replacement. When injuries require surgery, ongoing therapy, or permanent disability accommodations, minimum coverage falls catastrophically short.
The gap between actual damages and available insurance becomes even more severe with catastrophic injuries. A spinal cord injury may require millions of dollars in lifetime medical care. Traumatic brain injuries can necessitate years of specialized treatment and cognitive rehabilitation. Severe burn injuries often demand multiple reconstructive surgeries and intensive wound care.
Underinsured Motorist Coverage Protects You
Your own auto insurance policy may include underinsured motorist (UIM) coverage, which protects you when the at-fault driver lacks sufficient insurance. This coverage activates when the negligent driver’s policy limits fall below your damages. For example, if you have $100,000 in UIM coverage and the at-fault driver carries only $15,000 in liability insurance, your UIM policy may provide up to $85,000 in additional compensation.
California law requires insurers to offer UIM coverage equal to your liability limits, though you can reject this protection in writing. Many accident victims discover too late they waived this crucial coverage to save on premiums. Review your auto insurance declarations page to confirm your UIM limits, and consider increasing this coverage to protect against underinsured drivers.
Identifying Additional Sources of Compensation
When policy limits prove insufficient, experienced attorneys investigate all potential sources of recovery. Multiple parties may share liability for your catastrophic injury, expanding available insurance coverage. A truck accident may involve the driver’s personal policy, the trucking company’s commercial coverage, and cargo insurers. Rideshare accidents can trigger coverage from the driver’s personal policy, the rideshare company’s liability insurance, and your own UIM protection.
Vehicle defects that contributed to your injuries create additional recovery options. Manufacturers carry substantial product liability insurance. When defective tires, airbags, or vehicle design played a role in your injuries, manufacturer liability may provide millions in additional coverage beyond the at-fault driver’s inadequate policy.
Courts may allow recovery directly from negligent drivers who lack adequate insurance, though most individuals lack substantial assets to satisfy major judgments. Nevertheless, your attorney should evaluate whether the at-fault driver owns real property, business interests, or significant personal assets that could satisfy a judgment. Some defendants carry umbrella policies providing coverage above their auto liability limits.
How Insurance Companies Handle Inadequate Coverage Claims
Insurance adjusters for at-fault drivers may quickly offer policy limits when injuries clearly exceed coverage. However, accepting these early offers often prevents you from pursuing additional compensation sources. Before accepting any settlement, consult with an attorney who can identify all available insurance coverage and liability sources.
Your own insurance company may contest UIM claims, arguing the at-fault driver’s policy adequately covers your damages. Insurers sometimes employ questionable tactics to minimize UIM payouts, including disputing injury severity or claiming pre-existing conditions contributed to your damages. California’s largest insurance bad faith judgment of $58 million was secured by Callahan & Blaine, PC against an insurer who wrongfully denied coverage.
Calculating Your Full Damages
Accurately valuing your claim requires comprehensive documentation of all injury-related losses. Economic damages include medical expenses, lost earnings, reduced earning capacity, and future care costs. Non-economic damages compensate for pain, suffering, emotional distress, and reduced quality of life. California allows recovery for both past and future losses.
Medical professionals, economists, and life care planners may be necessary to establish the full extent of catastrophic injury damages. These experts project lifetime care needs and quantify how permanent disabilities affect earning potential. Severe injuries requiring extensive medical treatment and long-term care often justify damages far exceeding minimum policy limits.
Why Legal Representation Matters
When inadequate insurance coverage threatens your recovery, trial attorneys with experience in complex personal injury litigation become essential. We investigate all potential liability sources, engage necessary expert witnesses, and pursue every available avenue for compensation. Our 30 trial attorneys each bring a minimum of eight years of litigation experience, with many having 15 to 30 years in the courtroom.
Callahan & Blaine, PC has achieved the largest jury verdict in Orange County history at $934 million and recovered substantial settlements in cases involving insufficient initial coverage. Managing Partner Edward Susolik, one of the leading insurance authorities in the United States, has successfully handled over 1,500 mediations in the last 33 years. If you face substantial injuries but inadequate insurance coverage from the at-fault party, we can help you explore all compensation options. Contact our office to discuss your case with our trial attorneys.
