In a California personal injury case, whether the defendant’s insurance covers the plaintiff’s injury depends on the type of insurance the defendant has and the circumstances of the incident. For example, if the defendant caused the injury through negligent driving, their auto insurance may cover the plaintiff’s medical expenses, lost wages, and other damages related to the accident. In cases involving premises liability, the defendant’s homeowners or renters insurance may provide coverage if the injury occurred on their property due to unsafe conditions. Insurance coverage is often a critical factor in determining whether the plaintiff can be compensated for their injuries and to what extent.
However, there are some limitations and exceptions to consider. If the defendant’s insurance policy has coverage limits, the plaintiff may only be able to recover up to the maximum amount specified in the policy. Additionally, in cases involving intentional misconduct, such as assault or fraud, the defendant’s insurance may not cover the damages, as many policies exclude intentional acts from coverage. If the defendant’s insurance fails to cover the full extent of the plaintiff’s injuries or if they have inadequate coverage, the plaintiff may need to pursue the defendant personally or seek compensation through their own uninsured/underinsured motorist insurance, if applicable. The plaintiff may also explore other avenues for recovery, such as filing a claim against multiple parties or seeking punitive damages if warranted.
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