Uninsured (UM) and underinsured (UIM) motorist coverage in California are forms of insurance designed to protect you financially if you‘re injured in a car accident caused by a negligent driver who has no auto insurance or not enough to cover your damages.
Both types of coverage are optional and are usually included under the same policy. However, they apply in entirely different situations.
A California car accident lawyer from Sweet James can explain more about how this coverage works, how to file for it after an accident, and how to handle any disputes or other challenges you may face in this situation.
If you’ve been in an accident on I-5, I-45, or another road in California, we’ll help you fight for the compensation you deserve.
How Uninsured and Underinsured Motorist Coverage Works in California
If you get into a car accident that wasn’t your fault, you’ll likely want to pursue compensation. But when the negligent party is underinsured or not insured at all, this can make claiming damages a lot more difficult.
Having UM and UIM coverage means you can protect yourself financially when another driver is unable to fully compensate you for your injuries. While this type of coverage is optional, under California law, your insurance company must offer it before you sign your agreement.
A Sweet James car accident lawyer can review your case and your coverage to help you understand your legal options and determine what compensation may be available.
Uninsured Motorist (UM) Coverage
Uninsured motorist coverage is a form of automobile insurance that may provide financial protection if you’re injured in a car accident caused by a driver who doesn’t have liability insurance. It can also offer protection in the case of a hit-and-run accident, where the at-fault driver is unknown.
Depending on your policy, this coverage may help pay for:
- Existing medical bills associated with your injuries
- Future medical expenses and rehabilitation costs
- Lost wages or loss of future income
- Pain and suffering, as well as emotional distress
Underinsured Motorist (UIM) Coverage
Underinsured motorist coverage is usually available when the at-fault driver doesn’t have enough insurance to cover the cost of your injuries. So, if your medical expenses from UCI Health – Orange Hospital totaled $50,000 but the negligent driver’s policy has a $20,000 limit, your own UIM policy could potentially cover the rest.
How to File Against Your Own Insurance Provider
The filing process may differ based on who your insurance provider is, but the most common steps for this process are as follows:
- Review your insurance policy: Start by checking the details of your policy to see if you have this type of coverage and what your limits are.
- Inform your policyholder: Tell your insurance company about the accident as soon as possible and provide as much detail as you can about the accident, including the injuries you may have suffered and any other damages.
- Collect all supporting evidence: Before filing against your own provider, you’ll need evidence to support your claim. This may include photographs and video footage from the accident scene, medical records, witness statements, police reports, vehicle data, and the other driver’s insurance information.
- Submit your UM/UIM claim: Fill out the necessary forms and provide all requested documentation in line with your insurance company’s set deadlines. Once your claim has been received, the insurer will begin their investigation.
- Reach a resolution: Having reviewed the situation and your claim, the insurance company will either reject your claim, ask for more information, or provide an offer. In some scenarios, they may accept your claim in full, but in others, you may have to negotiate a fair and acceptable settlement.
Sweet James can guide you through this entire process, providing the legal advice you need to reach a successful outcome.
Common Denials and Disputes You May Face
When trying to claim uninsured and underinsured motorist coverage in California, you may encounter a number of insurance tactics used to deny or dispute your claim. Common issues may include:
- Disagreements over the severity of your injuries: The insurance company may question the extent of your injuries and whether they are in fact accident-related.
- Fault disputes: Because California follows a pure comparative negligence rule, your percentage of fault can affect the amount of compensation you receive. Your insurance provider may suggest you share more fault to try to minimize your settlement.
- Coverage limits: Your own UM/UIM coverage may have a limit that prevents you from being fully compensated for your injuries.
- Statute of limitations: California Insurance Code § 11580.2 states that certain steps generally must be taken within two years of an accident to preserve a UM/UIM claim. If you file after this deadline, you may be prevented from recovering compensation.
How a Car Accident Attorney Can Help
A car accident attorney from Sweet James can help you throughout the claims process by reviewing your policy, gathering evidence, filing the claim on your behalf, and handling all negotiations. We take care of everything for you.
Plus, our founding attorney, James Bergener, previously represented insurance carriers, giving him insight into how insurers evaluate and defend UM/UIM claims. As such, we can counter any disputes, denials, or other tactics your insurance company may try to use to reduce or reject your claim.
Contact Sweet James for Free Today
Now that you understand uninsured and underinsured motorist coverage in California and how it works, you can take the right steps to protect yourself.
With more than 600 five-star reviews across Google and Yelp, Sweet James is dedicated to helping clients across California pursue the compensation they deserve, whether it’s through a client’s own insurance provider or someone else’s.
We’re real lawyers who get real results, and we’re ready to help you with your UM/UIM claim today. Book a free consultation to discuss your case today.
