In an accident involving an uninsured driver that results in your injury, you can initiate a claim with your insurance provider, assuming you possess uninsured motorist coverage. In compliance with California law, auto insurance companies are obligated to present uninsured coverage to every motorist. However, if you choose not to acquire this coverage, you will need to provide a written waiver.
There are two uninsured motorist coverages:
Uninsured motorist bodily injury (UMBI): Crafted with the intention of providing protection in scenarios where you and individuals inside your vehicle sustain injuries due to an accident caused by an uninsured driver who is deemed at fault. However, the benefits of this coverage cannot surpass the value of your personal liability coverage.
Uninsured motorist property damage (UMPD): This coverage addresses expenses related to the damage sustained by your vehicle in an accident caused by an uninsured driver who is deemed responsible. It’s worth noting that this coverage has a cap of $3,500, and it comes into effect solely when the uninsured driver’s identity is established.
According to the California Insurance Code, an uninsured motor vehicle is defined as a vehicle lacking coverage under a liability insurance policy. This includes situations where coverage is denied, like cases involving excluded drivers or stolen vehicles. Furthermore, if you’re in an accident caused by a hit-and-run driver and the vehicle’s owner can’t be identified, that vehicle is also categorized as uninsured. Another scenario arises when the insurance company goes out of business while your claim is being processed, rendering the vehicle uninsured.
To initiate an uninsured motorist claim, you need to establish two key points: first, that the other driver was at fault, and second, that the driver lacked insurance coverage. Additionally, it’s important to note that numerous car insurance policies impose strict deadlines for policyholders to provide notice of a potential uninsured claim.