Hit By An Uninsured Driver In California: Here Are Your Options

In this article, you can discover…

• Whether you need uninsured motorist coverage in California.
• Whether passengers are covered by a driver’s uninsured motorist coverage.
• How to seek compensation when hit by an uninsured motorist, and how an attorney can help.

What Are California’s Legal Requirements For Uninsured Motorist Coverage?

Insurance companies are required to offer you uninsured/underinsured motorist coverage up to the limits of your liability coverage. However, as with any contract, you can make changes and either reduce the uninsured/underinsured motorist coverage below your liability limits or remove that coverage entirely.

In California, if you elect to remove uninsured/underinsured motorist coverage from your policy, it must be accompanied by a waiver agreement you sign separately from your policy. This requirement exists because uninsured and underinsured motorist coverage is a crucial component of your overall coverage.

If you remove that coverage, you may not be fully compensated for your injuries. The insurance code requires that insurance companies obtain separate signatures on this waiver and produce them if you’re ever making an underinsured motorist claim.

Suppose the insurance company cannot produce this underinsured motorist waiver. In that case, the insurance code writes a $30,000 to $60,000 underinsured motorist coverage into your policy, regardless of the premiums you’ve paid or haven’t paid.

Can I Still Obtain Compensation If The Other Driver In California Has No Auto Insurance?

The most common way to obtain compensation is to have uninsured/underinsured motorist coverage on your policy, which protects you from that exact scenario. If you lack that coverage, and the other driver has no insurance, you’ll be forced to sue and obtain a judgment against them directly. Then, you’ll have to enforce and collect the judgment. The court won’t help you collect any of this money. It will all fall on you.

What Are The Time Limits For Filing An Uninsured Motorist Claim In California?

In California, the statute of limitations for personal injury cases is two years from the date of the incident. If you’re pursuing the at-fault party and that individual has no insurance, you are filing an uninsured or underinsured motorist claim. An uninsured or underinsured motorist claim is one you file with your own insurance company, and it is governed by your policy agreement.

The policy agreement with your insurance company will have an arbitration provision, which states that when you file a claim under this underinsured or uninsured motorist coverage, you cannot sue your insurance company. Instead, you must agree to arbitration. The rules in arbitration are more relaxed than those of the California Court, and the timeline for bringing these claims varies from policy to policy and case by case.

Attorney Shawn Gozarkhah is a skilled lawyer based in Los Angeles who has helped numerous clients like you navigate the complexities of auto wreck law. With years of experience, he is prepared to assist you with your claim involving an uninsured or underinsured driver so that you can secure the fair compensation and damages you’re entitled to.

Still have questions? Ready to get started? Contact The Law Man Group, APC today to schedule an initial consultation.

Are Passengers In A Vehicle Covered Under The Driver’s Uninsured / Underinsured Motorist Policy?

In California, insurance follows the vehicle first and the passenger second. That means the primary insurance coverage that you’ll be tapping into is the insurance on the vehicle.

If you have your own policy and are a passenger in a vehicle, that policy can serve as secondary coverage and help you with bonus recovery in your case. However, you must pursue the policy of the vehicle you were in first.

Some policies have language requiring concurrent coverage for uninsured or underinsured motorist claims. That means that the insurance company for the vehicle you’re in will have to confer with your own insurance company to work out a pro-rata distribution regarding how your claim will be paid.

Case Study: How My Firm Helps Clients Hit By Uninsured Drivers

I come across these cases all day, every day. Unfortunately, many drivers are uninsured. The most important advice I can give is to ensure you have uninsured or underinsured motorist coverage on your policy.

If you don’t have this coverage, your avenues of recovery are significantly diminished. That’s not to say that there’s nothing you can do.

I had a case where my client was rear-ended by a driver who caused catastrophic injuries to the mother and daughter in the car. The driver of the other vehicle claimed they had no insurance, and the vehicle was uninsured.

When we investigated, we confirmed the vehicle itself was not insured. However, the at-fault driver was running an errand for his employer. Using that information, we were able to bring the employer into the case and leverage their large commercial insurance policy to secure the recovery our clients were owed.

Still Have Questions? Ready To Get Started?

For more information on uninsured or underinsured driver incidents in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (818) 618-0508 today.