If you have been injured in a car accident in which the at-fault party was not insured, or did not have adequate insurance, then you might wonder: when do I need to file an uninsured motorist claim, and how do I do that? Keep reading for the basics, and then contact The Law Offices of Larry H. Parker at 800-333-0000 if you would like to request a free legal consultation.
Recovering Compensation After an Accident with an Uninsured Motorist
If you are hit by a driver that does not have insurance or that does not have enough insurance to cover your case, then your own uninsured motorist insurance coverage might apply. Note that in this state, drivers are quired to have liability insurance for $15,000 per person and $30,000 per accident. The bad news is that not all drivers abide by this requirement.
Understanding How Uninsured Motorist Coverage
Before you can make a claim, you should understand how UM coverage works. In California, you can only collect up to your maximum UM/UIM coverage. For example, if the other driver has $25,000 in coverage and you have underinsured coverage of $50,000, you could only recover $25,000 from your own policy, even if your total expenses were $100,000.
Uninsured Motorist Coverage Only Applies if You Were Not at Fault
Your uninsured motorist coverage is not automatic just because you were involved in a car accident – you must be able to prove that you were not at fault and that an uninsured driver was at fault. In essence, you will be required to prove to your own car insurance company that you were not at fault. This is something that a personal injury attorney can help you with.
Your UIM/UM Coverage Would Apply in Some Cases Even if You Were Not Driving
Note that in some cases, you do not have to have been in a vehicle at all to have a claim against your uninsured motorist coverage. How? If you were hit by a car while you were a pedestrian or riding a bike, and the person who hit you did not have insurance, then you could be compensated via your UIM/UM coverage. These cases are generally easier to prove since the driver is almost always at fault for these cases.
These Cases Are Complex and Require Help from a Personal Injury
The truth about uninsured/underinsured cases is that they can be very complex. It is often worth your while to at last consult with a personal injury attorney who can help you determine what your best options are. Contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation today. We are standing by to help you with your case.
