People involved in car accidents are instantly stressed. They have to worry about their car, any injuries, and dealing with insurance companies. People who get into an accident involving an uninsured motorist become even more stressed. Drivers without insurance (uninsured motorists) have become a huge problem in California. Unfortunately, there are people injured or killed by people with either no insurance coverage or very minimal coverage. In California a driver is only required to have a minimum of $15,000 per claimant and $30,000 per claim. When this occurs, how can you be reimbursed for damages? Uninsured Motorist coverage is specifically designed for this purpose.

The first thing you need to ask is: Do I have uninsured motorist(UM) coverage? California Insurance Code Section 11580, requires that every policy of auto insurance issued in the State of California have at least the minimum amount of uninsured motorist coverage included. The only exception is if the insured person waives the coverage in writing in very specific language. It is still important, however, to make sure you haven’t signed such a release prior to an accident.

Secondly, you would want to know when you are liable to assert a claim under your uninsured motorist policy. The most common occurrence is when you are struck by someone that does not have an insurance policy. To find out if they do, immediately after the accident, you would ask the person that struck you for their insurance information. You can also get this information by first filing an SR-1 (Report of Accident) and then an SR-19 (Request for Proof of Financial Responsibility) with the California DMV. Once it has been determined that there is no insurance, a claim can be made to your own provider for all the same damages that could have been asserted against the at fault party.

The other main instance where this applies is where the at-fault person or entity doesn’t have enough insurance to cover all of your damages including present and future medical expenses, emotional distress and pain and property damages. This is what is referenced as an “Under-insured” motorist (“UIM”) claim. If the insurance policy of the person you are claiming compensation from only covers a certain amount of liability, you can then apply to have the remainder of the claim paid by your own insurance company through your “UIM” policy.

For instance: The reasonable value of your claim including medical costs, car repair or replacement, and pain associated with your injury is $100,000 and you are hit by a motorist that only has $15,000 (California’s minimum) in coverage. If you had $100,000 in UM/UIM coverage, you would could then make a claim for the remaining $85,000 of the $100,000 claim from your own insurance company.

Then there is always the case of the “hit and run”. California law says that you may recover damages, including bodily injury, through your UM policy as long as these factors apply:

• there was contact between your car and the vehicle that you are claiming hit your car and fled
• you filed a police report and;
• you reported the accident to your insurance representative.

When you are involved in a car accident, the person at fault is responsible for paying for damages. If they have insurance, the company will try to offer a lump sum to you to avoid having a lawsuit filed. If the other party does not have insurance, a claim would have to be made against the driver in order to be compensated. It is important to have an attorney representing you so that you are not taken advantage of. Competent legal counsel can properly initiate the claim and follow through by doing the following:

• Make sure the proper treatment is rendered and that all possible future treatments, therapy and surgeries are thought of.
• Make sure that a proper amount is agreed upon and payment is issued.
• If the parties cannot agree on the amount, a demand for arbitration can be made. If the matter is decided in favor of you, your attorney will make sure an award is sufficient enough to cover both out of pocket costs and pain and suffering.

If you were involved in an accident with an uninsured motorist, make sure that you are represented by San Diego’s most effective lawyer. Call my office at 619-238-1905 for a FREE consultation.