Will My Car Insurance Cover Me If the At-Fault Driver Is Uninsured?

If drivers have UM/UIM (uninsured or underinsured motorist coverage), they can file claims with their own insurance companies in the event of a collision with an uninsured driver. UM/UIM coverage also applies if the tortfeasor (negligent driver) is underinsured. This issue is very common in California. The Golden State has one of the lowest auto insurance minimum requirements in the country. Other kinds of insurance policies may also at least partially compensate victims if the tortfeasor was uninsured.

Regardless of your insurance coverage, or the lack thereof, car crashes almost always cause serious injuries. Many of these injuries, like internal injuries, are difficult to diagnose and treat. Since internal organs don’t have protective skin layers, slight abrasions bleed slowly and gradually. As these wounds drain blood from the body, like a dripping faucet, the victims unexpected;y go into hypovolemic shocks.

An accident with an uninsured driver attorney guides car crash victims through both the medical and legal phases of the accident recovery process. Attorneys have professional connections with doctors who focus on car accident-related conditions, such as internal bleeding. Furthermore, a car accident lawyer in Los Angeles advocates for car crash victims throughout the insurance claims process and, if necessary, the litigation process.

Personal Injury Coverage in Uninsured Driver Cases

Since California has such a low auto insurance minimum requirement, most drivers are underinsured. UM/UIM coverage is usual;y a very good investment. Premiums are generally low and coverage is usually high. This coverage usually applies if the tortfeasor had no insurance, didn’t have enough insurance to fully compensate the victim, or fled the scene.

Typically, UM/UIM policies cover some economic losses, such as lost wages and medical bills. These policies often don’t cover future economic losses, such as future medical bills and future lost wages. Insurance settlements close cases. Once the victim signs on the dotted line, the insurance company pays nothing else. So, these victims are usually financially responsible for any future accident-related expenses.

Even if the tortfeasor flees the scene, an accident with an Los Angeles Uninsured Accident Attorney can still build a winning court case and eliminate the need to fall back on UM/UIM or other coverage (more on that below).

The burden of proof in a civil case is only a preponderance of the evidence (more likely than not). Assume witnesses see a light colored, late-model sedan strike a pedestrian and keep going. That’s not much to go on, but it’s probably enough.

If another witness a few blocks away from the crash site, sees a light colored, late-model sedan with front end damage, it’s more likely than not that this sedan was the tortfeasor’s sedan. At that point, a California uninsured motorist accident attorney must only locate the vehicle’s owner. It’s more likely than not that the owner was driving the vehicle at any given time.

Property Damage in Uninsured Driver Matters

Note that UM/UIM policies don’t cover vehicle or other property damage, at least in most cases. Other insurance add-ons, such as UMPD (Uninsured Motorist Property Damage), cover such losses.

This auto insurance option usually pays for at least some damage to a vehicle or other personal property when an uninsured (not an underinsured) driver hits a policyholder. In some cases, UMPD may apply in hit-and-run cases, mostly depending on policy terms. In addition to vehicle repair costs, up to a set limit, UMPD often covers damage to items like fences or buildings that are struck by an uninsured driver.

Unlike collision coverage, UMPD usually has low or no deductible, making it a cost-effective way to add financial protection to an auto insurance policy.

Speaking of collision coverage, this insurance usually pays complete repair or replacement costs regardless of who was legally responsible for the wreck.

We should pause and explain the difference between fault and liability. Fault is like a basketball team’s preseason ranking and liability is like a team’s end-of-season record. So, if an investigator says you were at fault, a Los Angeles personal injury attorney applies all applicable laws to alter the liability determination.

Collision coverage usually has a high deductible. If the insurance company subrogates costs (recovers these costs from a driver in a separate legal proceeding), the insurance company often refunds the deductible.

Other possible options, which are rarely available in California, include Uninsured Motorist Bodily Injury (UMBI), Medical Payments (MedPay), and Personal Injury Protection (PIP).

Drivers without collision, UM/UIM, UMPD, or any other applicable insurance policy, are financially responsible for all accident-related costs, unless an accident with an uninsured driver lawyer obtains compensation from the tortfeasor, as outlined above.

Incidentally, filing these insurance claims, except UM/UIM claims, may instantly trigger a rate increase. Filing any claim, especially a collision claim, could indirectly cause rates to rise because claim history is an insurance premium factor in California.

Consult our experienced car accident lawyers today

An accident involving an unidentified, uninsured, or underinsured driver may seem like the end of the world, but most victims have both legal and insurance claim options in these situations. For a complete evaluation of your unique situation, gather necessary documents and call lawyers for uninsured motorist accidents in Los Angeles, California at the Law Offices of Eslamboly Hakim for a free consultation.