How to Deal with Uninsured Motorist Accidents In California

Updated: Apr 22

How To Handle Uninsured Motorist Accident Claims In California

What happens when an uninsured or underinsured motorists are involved in car accidents Being involved in a car accident is never a pleasant experience. At the very least, your car will be physically damaged and will need to be fixed or replaced. What's even worse is if you sustain a severe physical injury that necessitates hospitalization and results in missed income as a result of your failure to function while recovering.

That said, let's talk about crucial aspects of underinsured motorist coverage as they would be handled by California personal injury lawyers.

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However, being involved in a car accident with an uninsured or underinsured driver can rapidly escalate a bad situation. It's unlikely that you'll be able to make a good personal injury claim against the driver because someone who doesn't have insurance isn't likely to have enough money to pay your damages if you win in court. So, what are your options for recouping your losses?

That's why motorist insurance coverage in California is crucial. An accident with uninsured driver in California can lean to a lot of challengers for potential personal injury claims. That said, if you speak and work with a prescreened car accident lawyer in California

Laws on Uninsured and Underinsured Motorists in California

Individuals buy uninsured and underinsured (UM/UIM) motorist insurance plans in California as part of their car insurance. They're used if you're hurt in a car accident caused by a driver that either doesn't have insurance or doesn't have enough insurance to cover your expenses. Your own insurance provider issued over uninsured and underinsured claims. Despite their similarity, the policies are used in different contexts and obey slightly different laws.

That said, let's talk about the relevant California motorcycle accident laws and how they might affect you, your personal injury claim, and your California personal injury lawyer's strategy.

UM Laws in California

Uninsured motorist policy covers almost all losses that the other driver's insurance company would have incurred if the other driver had insurance. It provides coverage for the driver as well as any passengers in the car. It can even protect you if you're in a hit-and-run crash, a bicycle-motor vehicle accident, or a pedestrian-vehicle accident.

Uninsured motorist compensation only covers expenses up to the amount of your UM/UIM insurance cap. So, if you paid $50,000 for uninsured motorist coverage, the insurance provider is only obligated to reimburse you up to that amount, regardless of the extent of your losses. If applicable, uninsured motorist coverage accounts for the following damages:

  • Medical expenses incurred as a result of the injuries

  • Pain and Suffering

  • Lost Wages

  • Future Wages/Salary lost

Uninsured motorist plans, on the other hand, do not compensate for car harm or failure. Your crash coverage will generally cover this. Punitive damages, which are damages incurred by the other party as compensation for his conduct, are also not covered.

If the insurance firm treated the claim in bad faith, you might be able to recover punitive damages, but any compensation will be based purely on their conduct during mediation, not on the injuries you received as a result of the car accident. If you make an uninsured motorist claim in California, the statute forbids the insurance provider from raising your premiums.

That said, contact prescreened California personal injury lawyers to help you build solid claims, even with possible problems with underinsured motorist coverage.

UIM Laws in California

Underinsured motorist compensation compensates you for the disparity between the losses and the other driver's insurance limits. When you're in a car crash with an underinsured driver, the other driver has insurance, but it's not enough to cover the expenses.

So, if the losses were $75,000 and the other driver's insurance just covered $25,000, you'd have to make an underinsured motorist claim with the insurance provider to cover the difference.

On the other hand, your insurance provider is just expected to pay up to the policy cap. This means that if your underinsured motorist liability cap is $50,000, your insurance provider will only pay you $25,000 in compensation.