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Lawyers For Injury Victims Of Uninsured Motorists In Encinitas

If you are like most drivers in the San Diego metropolitan area and Southern California, you probably carry an uninsured/underinsured motorist (UM/UIM) coverage in your auto policy. In the event of an accident caused by a negligent uninsured or underinsured driver, it often comes as a shock to learn how tough your own insurance company can be when paying a claim. Despite years of paying as a loyal customer, you will suddenly be treated as a hostile claimant, almost as if you caused the accident yourself. We know these cases raise many questions. Here are some answers. Please call us to discuss your case and questions in a free initial consultation: 760-536-4415.

What if I have an accident with an uninsured motorist?

It can cause some anxiety to be injured by someone who come to find has no insurance. However, you may still have a way to receive some financial compensation for your injuries. Many people don’t know that your own auto insurance has a coverage called Uninsured and/or Underinsured Bodily Injury (commonly called UIM). This coverage will apply to you – or any family member in your home – if they are injured by a motor vehicle. You do NOT have to be in the insured vehicle. The person injured could be in a pedestrian, on a bicycle, in a friend’s car or an Uber/Lyft. All that is required to trigger the coverage is an injury caused by physical contact from an uninsured or underinsured vehicle. If the driver who caused the injury has no insurance, then the UIM coverage limits in your policy would be available to you. If you have $100,000 in UIM coverage and are hit by someone who has $15,000 in liability limits, you can recover all their $15,000 and then pursue the difference from your own insurer. In the above scenario, if you claim justified it, you could get an additional $85,000 from your insured. Don’t worry, making a UIM claim against your own insurance coverage cannot cause an increase in your premiums either. This is a coverage protection you are paying good money for in your premiums.

What happens to an uninsured motorist in a California accident?

Sadly, not much happens to an uninsured motorist in California. They will likely get a citation for not having insurance and deal with whatever consequences result from it. However, they will not likely have to pay for the damages they caused. This is because you would need to get a judgement against them AND then get them to pay it. Getting a judgement costs money and takes a lot of effort. If you do get a judgement, many will simply not pay it and then you have to pay a collection company to chase them around. It is a tedious process that doesn’t make much sense to pursue. This is why we strongly encourage people to make sure they have as much uninsured motorist bodily injury coverage as possible. This coverage will protect you and your family in the unfortunate situation where an injury is caused by an uninsured motorist.

Can uninsured motorist coverage be used to cover an underinsured accident?

Yes. If you have $100,000 in UIM coverage and are hit by someone who has $15,000 in liability limits, you can recover their $15,000 and then pursue the difference from your own insurer. In the above scenario, if you claim justified it, you could get an additional $85,000 from your insured. In the same situation, if your claim is worth $50,000 then you could recover $35,000 from your insurance. This coverage is an excellent way to make sure you are able to be made whole following an accident.

How many accidents involve uninsured motorists in California?

That is a difficult statistic to locate. What we do know is a 2017 Insurance Research Commission Study found that 15.2% of all drivers carry no insurance at all. Furthermore, to comply with State Law a driver only need carry $15,000 in liability insurance. This is what the majority of drivers in California have elected to purchase. That limit was set in 1975. As you can imagine, the cost of medical care – not to mention the wages that may lost following an injury – have gone up quite a bit since then. This is why it is so important to make sure you have ample underinsured motorist coverage to protect you and your family.

Can I add uninsured motorist coverage on the same day as an accident?

No. You are only able to make a claim against coverages that were available to you prior to the occurrence of an accident. If you attempted to add coverage afterwards and make a claim against it you would be at risk of being charged with insurance fraud.

If I’m at fault in an accident, can I use my uninsured motorist coverage?

No. In order to trigger this coverage, you must be insured by another driver who is found to be at fault for the collision.

Will my premiums go up if I have an accident with an uninsured motorist?

They should not go up so long as you are found to be free of fault in the collision. If another driver is the sole cause of an accident with you and they have not insurance then your premiums will not go up. You will be able to make a claim against your own insurance for the damages you suffered and your insurer cannot retaliate against you for making such a claim. They are only supposed to increase your premiums if you are at fault or they are raising rates generally for everyone.

Underinsured Motorist Claims Are Often Difficult To Settle For A Full Amount

We are the motor vehicle accident personal injury lawyers of 760-536-4415, in Encinitas. If you have been hurt in a car accident caused by a negligent uninsured or underinsured driver, turn to us for help. We understand the ins-and-outs of the auto insurance personal injury claims process. We will aggressively work to secure records and reports needed to help you obtain the full and fair damages you are entitled to from your UM/UIM coverage.

Many California drivers have no auto insurance. The question for many accident victims is what happens in the event of an accident involving an uninsured or underinsured motorist? Or similarly, what happens in the event of a hit-and-run accident?

Your own insurance may cover these accidents, but it is advisable to speak to a lawyer experienced in uninsured/underinsured motorists cases.

Talk To One Of Our Uninsured Motorist Lawyers In Encinitas

Call us for a free consultation about your UIM accident injury or wrongful death claim right away. Don’t try to file a claim until you know what your policy offers in the way of coverage. Call us at 760-536-4415, or contact us by email for a free consultation.