Uninsured and Underinsured Motorist Accidents
Filing a UM/UIM Claim with a Los Angeles Car Accident Lawyer
Myth: Uninsured and underinsured 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
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.
According to the California Department of Insurance,
Uninsured / Underinsured Motorist: 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 car accident and personal injury attorney at Martinian & Associates INC. 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 and those are
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.
It is also important to understand that California is a tort 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 so
long as you were not more than 50 percent at-fault.
Contacting a Los Angeles Personal Injury Attorney
At Martinian & Associates INC., 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 car 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 injury attorney from our firm today and we will
offer you a free case evaluation.