Los Angeles Uninsured Motorist Accident Attorney
Under California law drivers must be covered by car accident insurance. Sadly, as many as one in three California motorists drive without car accident insurance. According to statistics, uninsured and under-insured drivers are the drivers most likely to have car accidents. They are also the most likely drivers to drive unsafe, unreliable cars. In fact, under-insured and uninsured motorists cause almost half of all motor vehicle accidents.
Your car insurance policy should include Uninsured Motorist Coverage. Uninsured Motorist Coverage protects and compensates you – and everyone else covered under your policy – in the event of an accident caused by an uninsured motorist or under-insured motorist.
Pedestrians and Bicyclists Also Can Recover Damages
Uninsured Motorist Coverage covers more than just the driver or passenger in the motor vehicle.
A pedestrian or bicyclist also can recover damages for personal injuries caused by an uninsured or under-insured driver under their own Uninsured Motorist Coverage that they have with their own car insurance, assuming they drive a car.
When Uninsured Motorist Coverage Benefits You
Uninsured and Under-insured Motorist Insurance is bundled together in your car insurance policy.
Your Under-insured Motorist Coverage applies when your damages are more than the insurance limits of the under-insured driver’s liability coverage limits. In other words, if your damages were $50,000 but the responsible party’s insurance limits are $30,000, all you can get from them is $30,000. Typically, you can only get as much insurance as they have. For the remaining $20,000, you would file with your own insurance company for the difference. If you have to use your own Uninsured – Under-insured motorist insurance, California law says your insurance company cannot raise your rates.
Uninsured Motorist Coverage pays for your damages if the driver who hit you has no car insurance. It even pays if you weren’t the one driving at the time of the accident. It will apply if you are a passenger, a pedestrian, or on a bicycle.
You may be covered under a family member’s policy, even if you do not have a car. If you live in the same house as a family member with Uninsured Motorist Coverage (and in a couple of other circumstances, as well), their policy may protect you.
Most California Insured Drivers Have Coverage
California law requires all car insurance policies to include Uninsured Motorist Coverage unless you specifically decline it in writing.
Insurance agents may be “hungry” to make the sale so they offer you insurance with a low-ball offer. What they don’t tell you is that your policy does not include Uninsured Motorist coverage.
Some agents may sell you insurance that they claim includes “full coverage,” but it really doesn’t.
If you or someone under your collision insurance policy has been involved in an accident, check your policy to see if you have this coverage. Either look at the front of your policy for a “U” or “UM” to designate Uninsured Motorist Coverage or call your agent and ask them to show you the clause in your policy. We strongly urge you to check on this right now, hopefully before you involved in an accident and need Uninsured – Under-insured Motorist Insurance.
Using Your Uninsured Motorist Coverage For An Accident
If you suffer serious personal injuries or if a family member suffers a wrongful death in a motor vehicle accident with an uninsured or under-insured driver, your Uninsured Motorist Coverage should cover your losses.
You may be eligible for compensation for the following damages:
- Physical Injuries
- Emotional Distress
- A Wrongful Death
- Injury to or Loss of a Pet
- Medical Costs
- Pain and Suffering
- Lost Wages
- Loss of Earning Capacity
- Loss of Financial Support
- Property Damage
- Rental Car Expenses
What An Uninsured Motorist Attorney Can Do For You
Motor vehicle accidents can be complicated. To ensure that you receive all the compensation you are eligible to receive, it is important to have an experienced uninsured motorist attorney on your side.
David Olan takes motor vehicle accident lawsuits and uninsured motorist accident lawsuits on a contingency basis. This means that you pay nothing until your case is resolved.
Be Aware Of Time Limits To File A Case
It is important that you contact Santa Monica uninsured accident attorney David Olan as soon as possible. The law mandates that there are time limits (statutes of limitations) by which time you must file an uninsured motorist accident claim or demand for arbitration.
If you miss the deadline, you give up your right to ever file an uninsured motorist accident lawsuit.
You also want to contact Santa Monica uninsured accident attorney David Olan promptly so that Olan Law can investigate your case. They will employ experts to investigate your accident, interview witnesses before people disappear or forget, and collect all accident records.
Contact Us For A Free Consultation
Contact Santa Monica uninsured motorist accident attorney David Olan at Olan Law for a free, no-obligation, and confidential consultation.
Questions & Answers
Q: How much car insurance is required in California?
A: California requires drivers to carry the following coverage on their car:
- Bodily injury liability coverage: $15,000 per person/$30,000 per accident
- Property damage liability coverage: $5,000 minimum
- Uninsured motorist bodily injury coverage: $15,000 per person/$30,000 per accident
Since you can only collect as much insurance as the other party has, you may find that your damages exceed this amount. The difference between what the responsible party and the amount of damages you suffered can then come from your own uninsured (UIM) motorist coverage.
Q: Who do I sue if the driver who hit me was uninsured?
A: If are in a motor vehicle accident and the person who hit you is liable for the accident and is uninsured, you may be able to sue them personally, assuming they have any assets (money or property). But rarely does someone uninsured have assets, so there’s no lawsuit. Instead, you will need to file a claim with your own insurance company for compensation for your damages under your own (UIM) uninsured motorist insurance. Should you have to do this, California law does not allow an insurance company to raise your rates.
Q: Do I have a lawsuit if I was in a hit and run?
A: If you were in a hit and run and the driver was never found, there is no one to sue. Assuming you are not liable for the motor vehicle accident, you will have to put a claim in with your own insurance company. You will be able to collect compensation for your damages under your own (UIM) uninsured motorist coverage.
Q: Will my insurance rates go up if the motor vehicle accident was not my fault?
A: It shouldn’t. Under California Insurance Code 1861.2, your rates can only be determined by:
- Your driving safety record.
- The number of miles you drive annually.
- The number of years of driving experience you have.
Unless you were principally at fault, your motor vehicle accident shouldn’t affect your rates.
Q: Will my uninsured motorist insurance go up if I’m hit by an uninsured motorist and the accident wasn’t my fault?
A: Under California law your insurance company is not permitted to raise your rates for filing an uninsured motorist claim. If you weren’t principally (51%+) at fault, your rates should not increase.
For a free, no-obligation, confidential consultation, contact David Olan.