California Uninsured Motorist Accident Attorneys
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Our California Uninsured Motorist Accident Attorneys Can Guide You Through Your Legal Options
Every driver should know that California law strictly requires them to maintain a minimum amount of liability insurance. This auto insurance is necessary to provide coverage for victims’ losses when drivers are at fault for accidents. Despite the law, a significant percentage of drivers in our state fail to carry insurance. Let our uninsured motorist accident law firm explain:
Often, drivers obtain the insurance they initially need for licensing purposes. They then allow the policy to lapse due to higher insurance premiums charged in California compared to other states. Even if someone cannot afford their insurance, they often take the chance and drive anyway. Driving without insurance can result in serious problems if the driver causes harm to others on the road.
If you did not cause an accident, you are not automatically responsible for covering the resulting costs. However, many injured parties face this issue when a collision involves an uninsured motorist. In such cases, an attorney familiar with uninsured motorist accident claims can review your policy, explain possible options, and guide you through the claims process.
Certain claims can be complicated, so you may consider having an accident lawyer for legal assistance. That being said, our attorneys can work diligently to pursue compensation on your behalf. Call us at (888) 488-1391 for a free initial case evaluation.
Auto Insurance Laws In California
To protect the interests of everyone on the road, the law in California mandates that each and every driver have the following insurance coverage:
- $30,000 per person for bodily injuries.
- $60,000 per accident for bodily injuries to multiple people.
- $15,000 for property damage.
If an uninsured driver does not have the minimum coverage, they can face serious penalties, including arrest and the suspension of their driver’s license. Some drivers continue to take the risk of serious consequences by driving without the insurance the law requires.
Uninsured Motorist Accidents In California Cause Harm To Others
Uninsured drivers may assume they will never be involved in a crash. However, even if they have gone without causing an accident their entire lives, it can suddenly happen when they least expect it. Not only do they face trouble for themselves with the law in the event of a car crash, but they can also cause serious injuries to other motorists. Being uninsured often results in serious financial hardship.
When a driver causes your accident, they may be held responsible for your losses, which may include:
- Medical bills
- Lost income
- Pain and suffering
- Permanent injuries
If the responsible driver is uninsured, there is no liability policy to cover these losses. While filing a personal injury lawsuit may be an option, many uninsured drivers do not have the financial resources to satisfy a judgment.
This situation often leaves injured victims unsure of how to pay for necessary care. One potential avenue is turning to your own insurance coverage, such as uninsured/underinsured motorist protection, if available under your policy. Exploring these options with a skilled uninsured motorist accident attorney can help you understand what support may be available in your situation.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
Underinsured Motorists In California Also Create Problems
Drivers with absolutely no insurance coverage are not the only ones who can leave accident victims facing a difficult financial situation. While California law requires a minimum amount of insurance, this is only the bare minimum that a driver can select for auto coverage. There is always the option to purchase more insurance to make sure that you and other accident victims are covered in the event of serious accidents.
Unfortunately, many drivers opt to carry the minimum, so their premiums are as low as possible. While this may save drivers some money, it often causes serious hardship to others if they cause an accident. For example:
- A driver hits your car, and you have severe pain in your knee afterward.
- The ambulance takes you to the emergency room, where you get X-rays and other diagnostic tests.
- The tests reveal you have a torn ACL, and you will require surgery, visits to the orthopedist, and physical therapy.
- You need to purchase medication and medical equipment to immobilize your knee.
- You miss working for a few weeks while you recover from your surgery, which means you will lose that income.
Without even considering property damage, your medical bills and lost income alone cost you a lot. When you go to file the insurance claim to get your bills paid, you discover the driver only has the minimum amount of coverage, which may not fully cover your medical expenses.
This is an example of how underinsured drivers can wreak as much havoc as uninsured drivers in some situations. You don’t have to suffer paralysis, amputation, or another catastrophic injury to face this problem, as even relatively minor injuries may result in thousands of dollars in losses. The good news is that your insurance coverage may help you in this situation, as well. Our law firm has experience representing clients who were injured by underinsured motorists.
Uninsured And Underinsured Motorist Coverage In California
California insurance laws recognize that many drivers leave others vulnerable in car accidents due to their lack of adequate insurance coverage. For this reason, state law also requires auto insurance companies to offer policyholders both uninsured and underinsured motorist (UM/UIM) policies at the time of purchase or renewal.
If you decide you do not want to purchase these policies, your company will likely have you sign a waiver acknowledging that you received the offer for the coverage but declined it. There are three different types of coverage that fall into this category, including:
- Uninsured Motorist Bodily Injury (UMBI) — Covers the costs of bodily injuries to you or your passengers if the negligent driver has no auto insurance coverage.
- Underinsured Motorist (UIM) — Provides partial coverage for bodily injuries if the negligent driver does not have adequate insurance to cover the costs of your injuries.
- Uninsured Motorist Property Damage (UMPD) — Provides up to $3,500 for property damage if the negligent driver has no insurance.
When you decide to purchase UM and UIM coverage, your own insurance policy should cover your losses even if the negligent driver has little to no insurance. Your policy should provide coverage up to your policy limits. For instance:
- If you purchase a policy with a $100,000 limit
- You get hit by a driver who only has the minimum $30,000 coverage.
- You have $70,000 available from your own insurance coverage for your remaining losses.
In the above scenario, if the negligent driver were completely uninsured, you would have up to $100,000 to cover your losses.
UM Coverage In Hit And Run Accidents
Another important fact is that uninsured motorist coverage may also apply if you do not know the identity of the liable driver because they fled the scene of the accident. California law requires drivers involved in accidents that result in property damage or injuries to immediately stop their vehicles and take certain steps at the accident scene. In many cases, the accident must be reported to the authorities within a certain period of time.
When a driver fails to abide by the law and flees the scene, they can face serious criminal charges if they are apprehended. If they are caught by the police, their identity can be determined, allowing you to file a claim for insurance. However, in some situations, the driver who fled the scene is never found.
In this situation, your UM coverage can also help you. This coverage considers an unidentified hit-and-run driver to fall under the definition of an “uninsured driver,” so you may have up to your UM policy limits in coverage even if you never find out who the driver was.
Uninsured Motorist Claims In California
If you get injured by a driver without insurance, you may breathe a sigh of relief when you realize that you have UM coverage. However, your insurance company does not automatically send you a check in this situation. These claims can also be challenging in certain situations.
You may be aware that insurance companies have a responsibility to protect themselves against fraudulent claims, which can drive up costs for all policyholders. To prevent fraud, insurers may carefully scrutinize every claim, including UM or UIM claims. Even though you pay premiums for coverage, some insurers may still require detailed evidence to ensure that claims are legitimate.
It’s important to be prepared to document and prove your claim fully, as insurance companies must verify that the claim is valid to avoid fraudulent activity. It can be beneficial to work with experienced UM attorneys to handle your claim.
In order to prove your UM claim, you will need to demonstrate the following:
- The other driver acted negligently and caused your accident and injuries.
- The other driver had no insurance or inadequate insurance to cover your losses.
- The value of your uncovered losses.
You must prove the negligence of the other driver, just like any other type of auto insurance claim. This means you must prove:
- The driver had a duty of care (which is to drive in a reasonably safe manner).
- The driver breached that duty in some way, which may include distracted driving, drunk driving, speeding, or violating other traffic laws.
- The driver’s breach of duty caused the crash and your injuries.
You must also provide evidence of the value of your claim. This may include presenting medical bills, pay statements, statements from medical or occupational experts, and more. Proving liability for the accident and the amount of your losses can be more challenging than you think. Our uninsured motorist accident attorneys know how to gather and present the necessary evidence to support your UM or UIM claim.
How Insurance Companies Challenge UM/UIM Claims
Even if you think you have a completely valid claim, you may be surprised when you receive an extremely low settlement offer or an outright denial. Some insurance adjusters may have many tactics to challenge these claims, including the following:
- Challenging whether a hit-and-run driver actually had physical contact with your vehicle, or claiming you were responsible for the accident.
- Trying to reduce your recovery by claiming you were partially responsible for the crash.
- Trying to reduce your settlement by challenging the severity of your injuries, the necessity of your medical treatment, or whether you needed to miss work.
- Claiming you could have received less costly medical treatment somewhere else.
- Questioning whether you require future medical care or time off work.
- Suspecting the pain and suffering you experienced due to your injuries.
- Questioning whether all of your injuries resulted from the accident in question.
When your insurance company disputes your claim or offers a low settlement, having legal representation can be essential. Our uninsured motorist accident lawyers often deal with insurance companies to negotiate on behalf of our clients. We are prepared to file a lawsuit against your insurance company if there is evidence of bad faith in processing your claim.
Contact A California Uninsured Motorist Accident Attorney
For help with your UM/UIM claim in California, our team at Arash Law, led by Arash Khorsandi Esq., is here for you. We represent clients who have been injured in accidents with uninsured or underinsured drivers. Call (888) 488-1391 or contact us online to learn more about how we can help you if you were involved in a California uninsured motorist accident.
