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What Do You Do When the Driver Is at Fault and Underinsured?

Bruce Jenner Underinsured, May Not Cover Fatal Car Accident Victim’s Damages:

underinsuredAlthough Bruce Jenner will not see criminal charges after he caused a fatal car accident, he could still face a wrongful death lawsuit if his insurance fails to cover the victim’s family’s costs, he was underinsured.

“For a fatality, let’s say the jury awards $10 million for the death of this person, and let’s say he has only $1 million in liability coverage, he could be on the hook personally for the balance of $9 million,” a California personal injury attorney, who is uninvolved in the accident, said in an interview. “He may or may not have sufficient insurance coverage to pay a judgment. (Bruce’s) personal assets could be at stake.”

“Jenner’s biggest worry should be the wrongful death lawsuit, which will be filed soon enough, and will reach deep into his pockets if his insurance doesn’t cover his tab,” the attorney added.

Surveillance footage from a gas station shows the fatal car accident clearly. On February 7th, Jenner was hauling an off-road vehicle on a trailer behind his Cadillac Escalade when he swerved to avoid traffic in front of him, which was slowing down for a traffic light. He rear-ended a Prius, which then struck a Lexus, and the Lexus was shot into oncoming traffic. The vehicle was struck head-on by a Hummer coming from the other direction, and the 69-year-old driver, Kim Howe, was killed.

LAPD officers have not filed criminal charges because they do not believe the surveillance video shows that Jenner was grossly or excessively negligent, although he clearly caused the car accident pile-up.

However, Jenner’s insurance will pay out to the victim’s family because of the crash. If there is not enough insurance money to cover the family’s costs, then they could file a wrongful death lawsuit and pursue Jenner’s personal assets – and a wrongful death lawsuit could include financial rewards for emotional pain and suffering.

One way to avoid this in the event that you are a victim in an SC auto accident is to purchase uninsured and underinsured motorist coverage.

How Can I Protect myself against Uninsured and Under-insured Motorists?

Even if it is not your fault, a car accident can leave you with mounting medical bills, lost wages, and a totaled vehicle. Many victims of car accidents rely on insurance coverage to help with their medical bills and car damages, but an uninsured or under-insured driver could leave you, the victim, in a terrible spot financially, physically, and emotionally.

A person who has insurance but does not have enough coverage to pay for injuries that result from your accident is considered under-insured. If you have been severely injured, or a loved one has died, as the result of a  SC car accident with an under-insured driver, you may have a personal injury or wrongful death case, in which you as the victim can use the civil court system to seek additional financial help for your physical and emotional suffering.

The Strom Law Firm Defends Personal Injury and Wrongful Death Victims of Car Accidents

If you or a loved one have been injured as the result of an accident with an uninsured or underinsured driver, call the South Carolina car accident attorneys at the Strom Law Firm, LLC, at 803-252-4800 for a free consultation. Our free consultations will examine all the facts in your case, so do not hesitate to call.

About Pete Strom

Defending criminal charges including drug crimes, DUI, CDV, mail fraud, wire fraud, bank fraud, computer crimes, money laundering, and juvenile crimes, Pete also handles Federal and State investigations. Representing individuals in Civil Matters including Class Actions, Personal Injury, Qui Tam Actions, Defective Products, Nursing Home Neglect, and Professional Licensing Defense cases. Joseph Preston “Pete” Strom, Jr., the managing partner at Strom Law Firm, L.L.C., has been fighting for justice since 1984.

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