California law requires all drivers to carry auto liability insurance. However, over 14.7% of drivers were uninsured in 2012 according to the Insurance Information Institute. What does this mean if you are involved in a car accident with an uninsured or underinsured motorist? What are the uninsured and underinsured Motorist Laws in California? The damages you can recover for bodily injury may be hard to obtain unless you have uninsured or underinsured coverage.
Our San Diego car accident attorneys are available 24/7 to get you the help and compensation you need. Since 1989, we have fought aggressively to get our clients into a rental vehicle, get damaged cars fixed or replaced, get prompt and proper medical treatment, and make sure our clients receive maximum compensation for all the pain, inconvenience, and suffering caused by vehicle collisions.
Uninsured and underinsured motorist insurance coverage in California can be confusing. Our goal is to make it clear.
Damages
“Damages” is money you are entitled to receive as compensation for past and future property damage, medical expenses, lost wages, and pain and suffering arising from a car accident.
California Uninsured and Underinsured Motorist Laws
California requires insurance companies to offer uninsured and underinsured motorist insurance coverage. Uninsured/underinsured motorist insurance covers you and your passengers for past and future property damage, medical expenses, lost wages and pain and suffering arising from a car accident.
IF YOU OR A LOVED ONE ARE STRUCK AS A PEDESTRIAN BY AN UNINSURED MOTORIST, YOUR UNINSURED/UNDERINSURED MOTORIST COVERAGE COVERS YOU. (Every case is different, so it is important to meet with your attorney and discuss the facts of your specific case.)
Uninsured motorist coverage applies if you are injured by a hit-and-run driver.
In most motor vehicle collisions, the identity (and insurance company) of the other driver is known. However, even where the other driver may have insurance, they may not have enough to cover all your damages. That’s when uninsured/underinsured motorist coverage can save the day. (Every case is different, so it is important to meet with your attorney and discuss the facts of your specific case.)
How Come Some People Don’t File Uninsured/Underinsured Motorist Claims?
Some people refuse to file uninsured/underinsured motorist claims on their own policy because they think it will make their premiums go up or their insurance carrier will drop them. NOT TRUE!
FILING A CLAIM FOR UNINSURED/UNDERINSURED MOTORIST BENEFITS WILL NOT AFFECT YOUR AUTO INSURANCE PREMIUMS.
Uninsured Motorist Situation
Problem: You are rear-ended by another driver who is at fault. The other driver has no insurance. You have bills to repair your car, bills for medical treatment, you lose wages because you are in too much pain to work, and you will continue to have pain in the future even after you return to work.
Solution: You have uninsured/underinsured motorist coverage. Your attorney files a claim with your car insurance provider. Your own insurance company will investigate the claim. Because they are an insurance company, they will not accept all your claims as valid, and they discount the value of the claims they agree with. But you have an experienced lawyer who knows how to make your insurance company reimburse you for past and future property damage, past and future medical bills, past and future lost wages and past and future pain and suffering.
Underinsured insurance coverage exists to protect you from irresponsible drivers. If you are involved in a car accident with an at-fault driver whose liability limits are too low to fully compensate you, underinsured motorist coverage will provide relief. The at-fault driver’s insurance provider will pay damages up to the other driver’s policy limit, and then your uninsured/underinsured motorist coverage will pay the balance of your past and future medical bills, past and future lost wages and past and future pain and suffering, up to the limits of your underinsured motorist coverage.
When you retain us, if the other party is uninsured or underinsured, we will file a claim on your behalf with your insurance company to make them pay all your damages.
FILING A CLAIM FOR UNINSURED/UNDERINSURED MOTORIST BENEFITS WILL NOT AFFECT YOUR AUTO INSURANCE PREMIUMS.
Underinsured Motorist Situation
Problem: A drunk driver runs a red light and slams into the side of your car. You incur bodily injuries as a result of the accident. The at-fault drunk driver provides you with his insurance information and you file a claim. The driver’s insurance is too low to pay all your damages. (”Damages” = compensation for past and future property damage, medical bills, lost wages and pain and suffering.)
Solution: Your attorney makes the drunk driver’s insurance company compensate you for damages up to the drunk driver’s insurance policy limits. But your damages exceed the drunk driver’s policy, so your attorney files an underinsured motorist claim with your car insurance provider. Your own insurance company will investigate the claim. Because they are an insurance company, they will not accept all your claims as valid and will discount the value of the claims they agree with. But you have an experienced lawyer who knows how to make your insurance company reimburse you for past and future property damage, past and future medical bills, past and future lost wages, and past and future pain and suffering. Your underinsured coverage will pay for the excess amount of your damages up to your uninsured/underinsured motorist policy limit.
Contact a San Diego Auto Accident Attorney
The uninsured and underinsured motorist attorneys at The Law Offices of Howard Kitay are very well versed in California uninsured and underinsured motorist laws. They will get you all the legal damages you are entitled to under California Law. Call us today for a personalized appointment to find out how we can help you!
We serve all of San Diego County (and the State of California) with offices in El Cajon, Chula Vista, Mission Valley and downtown San Diego. We charge and advance all costs. If there is no recovery, you pay NOTHING.
