Despite California's mandatory insurance requirements, approximately 15% of drivers on the road have no insurance coverage. If you're injured by an uninsured motorist, you might assume you have no way to recover compensation. Fortunately, that's not always the case.
Understanding Uninsured Motorist Coverage
Uninsured motorist (UM) coverage is optional in California, but it's one of the most valuable protections you can purchase. This coverage pays for your injuries when you're hit by a driver who has no insurance or who flees the scene (hit-and-run accidents).
If you elected UM coverage when purchasing your policy, your own insurance company steps into the shoes of the uninsured driver's non-existent insurer. You can claim medical expenses, lost wages, and pain and suffering up to your policy limits.
Underinsured Motorist Coverage
Underinsured motorist (UIM) coverage is equally important. This protection applies when the at-fault driver has insurance, but their policy limits are insufficient to cover your damages.
For example, if you suffer $500,000 in damages but the at-fault driver only has $15,000 in coverage (California's minimum), UIM coverage can make up the difference up to your policy limits.
Filing a Claim Against Your Own Insurance Company
Many clients are surprised to learn that their own insurance company may not treat them favorably when they file a UM/UIM claim. Your insurer has financial incentive to minimize your payout, just like any other insurance company.
This creates an adversarial situation that many accident victims don't anticipate. You may need legal representation to negotiate with your own insurer and ensure you receive fair compensation.
Hit-and-Run Accidents
Hit-and-run accidents are treated as uninsured motorist claims in California. If you cannot identify the driver who struck you, your UM coverage provides compensation for your injuries.
However, there are specific requirements. For property damage claims, you must report the accident to the police within 24 hours. For injury claims, you must demonstrate that an actual physical contact occurred between your vehicle and the hit-and-run driver's vehicle.
Other Potential Sources of Recovery
Even when the at-fault driver has no insurance, other recovery options may exist:
Vehicle Owner Liability: If the driver was operating someone else's vehicle, the owner's insurance may provide coverage.
Employer Liability: If the uninsured driver was working at the time of the accident, their employer may be liable.
Premises Liability: If a property condition contributed to the accident, the property owner may share responsibility.
Protecting Yourself
The best protection against uninsured drivers is purchasing adequate UM/UIM coverage. California's minimum liability limits of $15,000/$30,000 provide almost no meaningful protection for serious accidents.
If you've been injured by an uninsured or underinsured driver, consulting with experienced car accident attorneys can help you identify all potential sources of recovery and navigate the complex insurance claim process.
Don't Assume You're Without Options
Being hit by an uninsured driver is frustrating, but it doesn't mean you're without recourse. Understanding your coverage options and pursuing all available claims can help ensure you receive the compensation you need to recover.
About the Author
Cynthia Craig is a founding partner at Kubota & Craig, an Orange County personal injury law firm based in Irvine, California. She brings extensive experience in personal injury and insurance litigation to every case, fighting to ensure accident victims receive the compensation they deserve. She is recognized by Best Lawyers® for her work in personal injury litigation.
For a free consultation, contact Kubota & Craig at (949) 218-5676 or visit www.kubotacraig.com.
