California Uninsured Motorist Claims: What You Should Know
A car accident can become more complicated when the driver who caused the collision has no liability insurance or does not have enough coverage for the injuries involved. In some situations, uninsured motorist or underinsured motorist coverage under the injured person’s own automobile policy may become an important source of insurance benefits.
California insurers are required to offer uninsured and underinsured motorist coverage with automobile liability insurance, although drivers may decline that coverage. Whether coverage is available after a particular crash depends on the policy, who was injured, how the collision happened, the other driver’s insurance, and other circumstances.
DAG Law Firm, APC helps people injured in California car accidents, including collisions involving uninsured and underinsured motorists. You do not pay attorney fees unless we win your case. Call (323) 930-2020 or contact DAG Law Firm today to discuss your situation.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage may apply when an insured person is injured in a collision caused by a driver who does not have applicable liability insurance. The California Department of Insurance refers to bodily-injury protection as uninsured motorist bodily injury, or UMBI.
This coverage generally concerns injuries rather than simply vehicle damage. The actual people covered, limits available, exclusions, and claim requirements should be determined from the applicable insurance policy.
California insurers must offer uninsured motorist coverage, but policyholders can choose not to purchase it by signing a waiver.
Uninsured And Underinsured Motorist Claims Are Different
An uninsured motorist claim generally involves a responsible driver who has no applicable liability insurance. An underinsured motorist claim involves a driver who has insurance, but the available liability coverage may not be enough to address the bodily-injury losses involved in the accident.
This distinction can become important after serious collisions. Before assuming that the other driver is uninsured or underinsured, available insurance information and the injured person’s own policy may need to be reviewed.
The California Department of Insurance recognizes UM and UIM as related but distinct types of automobile coverage.
Hit-And-Run Accidents And Uninsured Motorist Coverage
Uninsured motorist bodily-injury coverage may also become relevant in certain hit-and-run accidents. California Department of Insurance materials identify a hit-and-run driver among the situations that may fall within uninsured motorist bodily-injury coverage.
Hit-and-run claims can involve additional policy and reporting requirements, so coverage should not be assumed solely because the other vehicle left the scene.
Evidence identifying the vehicle, photographs, witnesses, police documentation, and timely notification to the insurance company may become particularly important. Learn more about hit-and-run accidents in California.
Bodily Injury And Vehicle Damage Are Separate Coverage Questions
Insurance coverage for injuries and coverage for damage to the vehicle should not be treated as the same issue. Uninsured motorist bodily-injury coverage addresses qualifying bodily injuries, while uninsured motorist property-damage coverage concerns damage to an insured vehicle under different terms.
California Department of Insurance guidance currently describes uninsured motorist property damage as separate coverage with its own limits and requirements. Collision coverage may also affect how vehicle repairs are handled.
The available policy should therefore be reviewed before assuming that a particular UM provision will pay both medical and vehicle-related losses.
What To Do After An Accident With An Uninsured Driver
Safety and medical concerns generally come first after a collision. Depending on the severity of the crash, emergency services may need to be contacted and injured people may need medical evaluation.
When conditions permit, drivers may exchange information and photograph the vehicles, roadway, damage, traffic controls, and surrounding scene. Witness contact information can also be useful if responsibility is later disputed.
California DMV guidance also contains separate collision-reporting requirements. An SR-1 currently must be submitted to the DMV within 10 days when someone is injured or killed or when property damage exceeds $1,000, and this requirement is separate from reports made to police or an insurance company.
Evidence In An Uninsured Motorist Claim
A UM claim may involve many of the same liability questions as a claim against another driver’s insurance company. The injured person may still need evidence showing how the accident occurred and why the uninsured driver was responsible.
Relevant information may include photographs, video, police documentation, witness accounts, vehicle damage, medical records, and other evidence connected with the collision.
When responsibility is disputed, the existence of UM coverage does not automatically answer who caused the accident. Learn more about comparative negligence in California and why the conduct of multiple drivers may need to be considered.
Filing A Claim With Your Own Insurance Company
An uninsured motorist claim is generally presented to the injured person’s own insurance company, but that does not mean the claim is automatically accepted or valued at the amount requested.
The insurer may investigate how the accident occurred, whether the other driver was uninsured, whether the claimant qualifies for coverage, the nature of the injuries, medical expenses, lost income, and other claimed losses.
California Department of Insurance guidance explains that insurers handling uninsured motorist claims may request documentation regarding injuries, medical expenses, lost wages, and other losses.
Policy notice provisions and other requirements can also matter, making it important to review the actual policy rather than relying on general assumptions about UM coverage.
Medical Bills, Lost Income And Injury Losses
A collision with an uninsured driver can result in emergency treatment, diagnostic testing, physical therapy, follow-up appointments, medication, missed work, and other financial consequences.
The losses associated with a particular injury depend on medical treatment, recovery, employment circumstances, available coverage, policy limits, and other individual facts.
Learn more about medical bills after a California accident and pain and suffering damages in California for additional information about issues that may arise after a serious collision.
When Insurance Coverage Or Claim Handling Becomes Disputed
Disagreements may arise over whether UM or UIM coverage applies, how an accident occurred, the seriousness of an injury, the amount of a claimed loss, or whether particular policy requirements were satisfied.
Insurance disputes are highly dependent on the policy language and circumstances. An unfavorable insurance decision does not automatically mean an insurer acted improperly, but unexplained delays, coverage disputes, or claim-handling concerns may require closer review.
DAG Law Firm also provides educational information regarding California insurance bad faith for situations involving broader questions about insurance-company conduct.
Resources And How DAG Law Firm Can Help
Uninsured and underinsured motorist claims can involve questions about liability, policy language, available limits, hit-and-run requirements, medical treatment, lost income, vehicle damage, and the evidence supporting the underlying accident. Each claim should be evaluated according to the applicable insurance policy and the specific facts.
Additional DAG Law Firm resources cover California car accidents, hit-and-run accidents, comparative negligence, medical bills after an accident, pain and suffering damages, and California insurance bad faith.
DAG Law Firm, APC helps people injured by uninsured, underinsured, hit-and-run, and other drivers throughout California. You do not pay attorney fees unless we win your case. Call (323) 930-2020 or contact DAG Law Firm today to discuss your situation.
