Car accidents are unpredictable, and while you may be careful on the road, you can’t control the actions of others. If you’re involved in an accident with a driver who doesn’t have insurance, the situation can become even more complicated. This is where uninsured motorist (UM) coverage comes into play. In California, UM coverage can offer essential protection if you’re injured or suffer property damage in an accident caused by an uninsured driver. But what exactly does it cover, and how does it work? This post will walk you through everything you need to know about uninsured motorist coverage in California, from how it functions to why it’s important to have.

What is Uninsured Motorist Coverage?

Uninsured motorist (UM) coverage is a type of car insurance that helps protect you if you’re involved in an accident with a driver who doesn’t have insurance or whose insurance is insufficient to cover your damages. In California, having UM coverage is optional, but it can be extremely beneficial, especially when you consider the number of drivers who are uninsured or underinsured.

UM coverage typically covers two main types of situations:

Uninsured Motorist Bodily Injury (UMBI): This part of the policy helps pay for your medical bills, lost wages, and other costs if you’re injured in an accident caused by a driver who doesn’t have insurance.
Uninsured Motorist Property Damage (UMPD): This portion covers the cost of repairing or replacing your vehicle or other property that is damaged by an uninsured driver.

In some cases, if the at-fault driver has minimal or insufficient coverage to cover the full extent of your injuries or property damage, you may be able to file a claim with your own insurance under underinsured motorist (UIM) coverage. This coverage works similarly to UM coverage but applies when the at-fault driver has some insurance, but not enough to fully compensate you for your losses.

Why is Uninsured Motorist Coverage Important in California?

California has one of the highest rates of uninsured drivers in the United States. According to recent estimates, nearly 15% of all drivers in California are uninsured. This means that there’s a significant chance that you could be involved in an accident with a driver who doesn’t have insurance or whose coverage doesn’t fully protect you.

Without UM coverage, you may have to pay for medical expenses, vehicle repairs, and other costs out of pocket. This can put a severe financial strain on you, especially if you’re dealing with serious injuries or significant property damage. Having UM coverage can ensure that you’re not left with mounting bills when another driver is at fault.

Additionally, if you’re involved in an accident with an uninsured driver, the process of seeking compensation can become more difficult. If the driver is uninsured, there may be little to no recourse for recovering damages through a lawsuit. UM coverage provides an alternative means to recover compensation.

How Does Uninsured Motorist Coverage Work in California?

To understand how UM coverage works, let’s break it down into key steps:

Accident Occurs with an Uninsured Driver: You’re involved in an accident where the other driver is at fault, and you discover they don’t have insurance. In some cases, the driver may be underinsured, meaning their coverage is insufficient to fully cover your costs.
Report the Accident: First, you’ll need to report the accident to your insurance company, just as you would with any other type of accident. Be sure to provide the details, including any police reports, witness statements, and the other driver’s information (if available).
Filing the Claim: Once you report the accident, your insurance company will guide you through the process of filing a UM claim. Depending on your policy, your insurer may cover the costs associated with your injuries and property damage. The insurer will typically assess the damage, review medical records, and determine the appropriate payout.
Claim Settlement: Your insurance company will make an offer based on the terms of your policy. If the settlement is satisfactory, the case will be closed. However, if the settlement doesn’t cover all of your expenses, you may have the option to negotiate or take legal action to secure additional compensation.
Potential Legal Action: In some situations, if your insurance company offers an inadequate settlement or if there are complications with your claim, you may need to consider legal action. A personal injury lawyer can help you navigate this process and ensure you receive fair compensation.

What Does Uninsured Motorist Coverage Not Cover?

While UM coverage is valuable, it’s important to note that it doesn’t cover everything. Some key exclusions include:

Damages to a Vehicle You Were Driving (When You Aren’t the Policyholder): If you’re driving someone else’s vehicle, UM coverage may not apply, unless the vehicle owner has UM coverage that extends to other drivers.
Intentional Acts: If the accident is caused by intentional actions, such as road rage or reckless driving, UM coverage typically won’t apply.
Accidents Involving Unidentified Hit-and-Run Drivers: If the at-fault driver is unidentified (e.g., they flee the scene of the accident), your UM coverage may not cover the damages unless you have uninsured motorist hit-and-run (UMH) coverage, which is an optional add-on in California.

It’s also important to understand that UM coverage is subject to the limits of your policy. This means that if your injuries or damages exceed your policy limits, you could still be left with out-of-pocket expenses.

How Much Uninsured Motorist Coverage Should You Have?

In California, the minimum required liability insurance is $15,000 per person and $30,000 per accident for bodily injury, and $5,000 for property damage. However, this coverage may not be enough to fully cover the costs if you’re seriously injured or your vehicle is heavily damaged. Therefore, many experts recommend purchasing higher limits of UM coverage to ensure that you’re adequately protected.

When choosing your UM coverage, consider factors such as:

Your Risk of Accidents: If you frequently drive in busy areas or on highways, you may be at a higher risk of encountering an uninsured driver. In such cases, higher UM coverage may be worth the additional cost.
The Value of Your Vehicle: If your vehicle is worth a significant amount, having sufficient UMPD coverage can help cover repairs or replacement if your car is damaged in an accident.
Your Health and Medical Needs: Serious injuries can lead to significant medical costs. Having higher UMBI coverage can ensure that your medical expenses are covered without relying on your health insurance.

Is Uninsured Motorist Coverage Required in California?

California law does not require drivers to have uninsured motorist coverage. However, insurers are required to offer it when you purchase or renew your auto insurance policy. If you choose to decline UM coverage, you’ll need to sign a form stating that you opted out.

While it’s not mandatory, having UM coverage is highly recommended, especially in a state like California, where a significant portion of drivers are uninsured.

Conclusion

Uninsured motorist coverage can be a lifesaver if you’re involved in an accident with a driver who lacks insurance or whose insurance isn’t enough to cover your expenses. In California, where the number of uninsured drivers is high, having UM coverage provides peace of mind and ensures that you can recover compensation for medical bills, lost wages, and property damage. Understanding how UM coverage works, what it covers, and how much you need can help you make an informed decision when purchasing car insurance. If you’re ever involved in an accident with an uninsured driver, a personal injury lawyer can help you navigate the claims process and fight for the compensation you deserve.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.