A common myth is that uninsured (UM) and underinsured (UIM) motorist coverage are not necessary. Although it is against the law to drive without carrying at least the minimum auto insurance coverage, at least one out of every seven drivers on the road is uninsured. So truthfully, UM and UIM insurance coverage is actually very helpful. Each state has different laws when it comes to UM and UIM insurance.
In the state of California, uninsured motorist insurance is not required by law. However, while this type of insurance is not required, insurance companies must provide it as an option. If you were involved in an accident with an uninsured driver, or a driver who doesn’t have enough insurance to cover accident costs, then you could recover compensation under a UM/UIM clause in your auto insurance policy. Contact a Los Angeles car accident attorney from Martinian Lawyers to receive a free consultation.
Why Choose Martinian Lawyers?
For over a decade, Martinian Lawyers has been dedicated to advocating for injury victims, including in accident claims involving uninsured motorists. We provide the following advantages to your compensation process:
- An in-depth understanding of California’s tort laws, insurance system, and civil courts
- A track record of exceptional results for clients to put a respected voice behind your claim
- A commitment to personalizing a unique legal strategy for every client based on the circumstances of their case
- Obtaining the maximum compensation available to you is our primary goal
We never charge upfront fees to injury victims. Instead, after a free consultation, our contingency-based payment system allows us to work for you and only get paid if or when we’ve first recovered compensation for you.
Minimum Car Insurance Requirement In California
California’s Department of Insurance announced updated requirements for the minimum car accident insurance coverage beginning in January 2025. To legally drive in California requires at least the following insurance:
- $30,000 for bodily injury per person
- $60,000 total bodily injury per accident
- $15,000 for property damage per accident
The new requirements doubled the coverage available for bodily injury and tripled the previous minimum coverage for property damage.
California drivers may also choose additional coverages, including collision coverage, comprehensive coverage for non-accident damage to a vehicle, and highly beneficial uninsured/underinsured motorist coverage.
What Is Uninsured & Underinsured Motorist Coverage?
According to the California Department of Insurance, underinsured/underinsured motorist coverage provides liability insurance when the party at fault does not have the state required minimum liability coverage, or the minimum liability coverage is insufficient to cover the injuries sustained in the accident. Likewise, uninsured motorist property damage covers possible reimbursement for damages your car sustains (BI and PD).
If you were involved in this type of car accident and you carry UM/UIM insurance, talk to a Los Angeles personal injury attorney at Martinian Lawyers. Even if you do not have this type of coverage in your auto insurance policy, we can help you arrive at a favorable solution to getting the compensation you need.
Bodily Injury and Property Damage Coverage
There are two major types of coverage in UM/UIM policies: bodily injury and property damage. While neither are required by law, if selected, they could provide the following coverage:
- Bodily Injury (UM and UIM): could provide compensation for all accident-related medical expenses.
- Property Damage (UM): could provide compensation for vehicle repair costs not covered by collision insurance, with a $3,500 limit.
Some states allow for victims of hit-and-run accidents to recover compensation through their uninsured motorist clause in their auto insurance policy, but in California, UM insurance cannot be used for this purpose. Regular collision coverage would pay for damages in the event of an at-fault driver who leaves the scene of an accident.
California’s Fault-Based Insurance System
It is also important to understand that California is a fault state when it comes to auto insurance, rather than a “no-fault” state. In no-fault states, those who are involved in accidents go to their own insurance companies to collect a settlement, rather than receiving compensation from the at-fault party’s insurance. In California, settlements are awarded based on percentage of fault. If you were hit by an underinsured motorist, you can collect compensation from their insurance company even if you contributed to the cause of the accident, but the insurer deducts your percentage of fault.
Steps to Take After a Car Accident With an Uninsured or Underinsured Driver
Car accidents are terrifying and traumatic, especially when they cause injury to you or a loved one. In some cases, a car accident victim is unconscious or incapacitated by their injuries and can’t take action, but after an accident, using a cell phone—or asking an uninjured person to use one for you—allows you to take the following steps:
- First, call 911 to report the accident and request emergency services
- Then, use the phone’s camera to photograph the damaged vehicles and the accident scene
- Add the driver’s contact information if they’ve remained at the scene
- Add the contact information of any eyewitnesses to the accident
- Go directly to the hospital and undergo a thorough medical assessment as well as treatment for emergency injuries, enabling the doctor to diagnose injuries with delayed symptoms, like whiplash and some types of internal injuries
- Ask for a detailed medical report with every injury listed, plus the physician’s treatment recommendations and your prognosis
Finally, be sure to report the accident to your insurance company within the deadline listed in your policy and inform the insurer that the other driver was uninsured.
If the driver at fault for the accident has the minimum insurance coverage but their coverage isn’t enough to cover the extent of your damages, the underinsured coverage often makes up the difference.
How Our Uninsured/Underinsured Motorist Accident Attorneys Can Help
The aftermath of a serious car accident is a chaotic time. You don’t have to add a complex legal process against an uninsured or underinsured motorist to your life while you need time for physical and emotional healing. Instead, a Los Angeles uninsured/underinsured motorist lawyer helps by doing the following:
- Handling all communication with the insurance company, so you only have to direct them to your lawyer if they reach out to you
- Investigating the accident to pursue all available compensation, including from any other entities that caused or contributed to your injuries, such as a negligent road maintenance agency or the manufacturer of defective airbags
- Protecting you against common insurance company tactics such as delaying, undervaluing, or assigning undue liability to you
- Consulting with medical experts to determine the full extent of your damages
- Negotiating with the insurance company to obtain the largest possible settlement for your damages, or
- Going to court if the insurance company wrongfully denies or undervalues your claim
Fortunately, strong legal representation maximizes the chances of a low-conflict resolution through a settlement. Only about 4% of claims require a court trial.
Contact Our Los Angeles Uninsured/Underinsured Motorist Accident Lawyers Today
At Martinian Lawyers, we are familiar with California auto insurance laws and we know how insurance companies work. Many claimants are not offered fair settlements and have no one to advocate on their behalf. Our goal as Los Angeles uninsured/underinsured motorist accident lawyers is to ensure that insurance companies and at-fault drivers treat our clients fairly.
If you were hit by an uninsured or underinsured driver, please do not hesitate to contact a Los Angeles Los Angeles uninsured/underinsured motorist accident lawyer from our firm today and we will offer you a free case evaluation. Call (323) 985-7969 now.
