If you’ve been in a car accident and the other driver doesn’t have insurance, you might wonder what to do next. In California, not everyone follows the law by carrying automobile insurance, which can make things complicated when you’re trying to recover damages after a crash. Luckily, if you have Uninsured Motorist (UM) coverage, you may still be able to get compensation. But how do you know if you have a valid uninsured motorist claim?
What is Uninsured Motorist (UM) Coverage?
Uninsured Motorist (UM) coverage protects you if you’re in an accident caused by a driver who doesn’t have insurance. If the other driver is at fault and uninsured, your own UM policy will pay for your medical bills, lost wages, and even damage to your car.
Example: You’re driving home when a car runs a red light and hits you. The other driver admits fault but doesn’t have insurance. With UM coverage, your own insurance company can cover the costs of not only your medical bills but also the damage to your car.
What is Underinsured Motorist (UIM) Coverage?
Underinsured Motorist (UIM) coverage helps when the other driver has insurance, but it’s not enough to cover all your expenses. In California, some drivers only carry the minimum required liability insurance, which may not be enough if you’re seriously injured.
Example: You’re in an accident, and the at-fault driver has insurance, but their policy only covers $15,000. Your medical bills are $50,000. Underinsured motorist insurance can help cover the remaining $35,000 that the other driver’s insurance doesn’t pay.
Uninsured vs. Underinsured Motorist Coverage
It can be confusing to understand the difference between uninsured and underinsured motorist coverage. Here’s a quick breakdown:
| Uninsured Motorist (UM) | Underinsured Motorist (UIM) |
| The other driver has no insurance | The other driver’s insurance isn’t enough to cover all damages |
| Covers medical bills, lost wages, and vehicle damage | Helps cover remaining costs after the other driver’s insurance pays |
When Should You File a UM or UIM Claim?
There are a few situations when you should consider filing a UM or UIM claim:
- The other driver has no insurance (UM claim).
- The other driver’s insurance isn’t enough to cover all your expenses (UIM claim).
- The accident was a hit-and-run and the responsible driver can’t be found (UM claim).
Damages that might be covered include:
- Medical bills
- Lost income
- Pain and suffering
- Car repairs or replacement
Remember, in California, you have a limited time to file these claims—usually two years from the date of the accident. It’s important to act quickly.
How to File an Uninsured Motorist Claim
Filing a UM or UIM claim might seem complicated, but it doesn’t have to be. Here’s a simple step-by-step guide:
- Gather Evidence: Collect everything related to the accident: the police report, medical bills, photos of the scene, and any witness statements.
- Notify Your Insurance Company: Call your insurance company and tell them you want to file a UM or UIM claim. Be sure to give your insurance all the information and details about the accident.
- Submit the Required Documents: Provide your insurance company with proof of your injuries and damages, such as medical bills, lost wage documentation, and car repair estimates.
- Negotiate Your Claim: Your insurance company may offer less than what you think you deserve. This is where a personal injury attorney can help. We can negotiate on your behalf to make sure you get fair compensation.
How a Personal Injury Attorney Can Help You Through Your UM Claim
Navigating uninsured and underinsured motorist claims can be tricky, especially if your insurance company isn’t giving you the compensation you deserve. A personal injury attorney can:
- Handle the paperwork and legal process: We know the steps to take and can file the claim for you.
- Maximize your compensation: We make sure you get every dollar you’re entitled to, not just what the insurance company wants to pay.
- Negotiate with your insurer: Insurance companies often offer low settlements. We can negotiate on your behalf and, if necessary, file a lawsuit to get you the compensation you deserve.
Frequently Asked Questions (FAQs)
Do I need a police report to file a claim?
While a police report is not always mandatory, it is highly recommended when filing a UM/UIM claim in California. It provides an official record of the accident, which can help support your case and establish key details, such as who was at fault. In some situations, especially hit-and-run accidents, a police report may be essential for proving the incident occurred. Although it is not always required, having one can strengthen your claim and make the process smoother with your insurance company.
Can I file a claim if it was a hit-and-run?
Yes, you can file an uninsured motorist claim if the accident was a hit-and-run. Since the other driver can’t be identified, your uninsured motorist coverage would step in to help cover your injuries and damages, but make sure to report the accident to both the police and your insurance company immediately.
What if I already have health insurance—should I still file a UM or UIM claim?
Yes, even if you have health insurance, you should still file a UM or UIM claim. Health insurance only covers medical expenses, while UM/UIM claims can provide compensation for lost wages, pain and suffering, and vehicle damage, offering broader protection for your financial recovery.
How long does it take to settle a UM/UIM claim?
The time to settle a UM/UIM claim can vary, typically ranging from a few months to over a year, depending on the complexity of your case and the insurance company’s response. Hiring a personal injury attorney can help move the process along faster by ensuring all paperwork is correctly filed and by negotiating with your insurance company to avoid unnecessary delays.
Speak With an Experienced Personal Injury Attorney For Your UM/UIM Claim
Facing the aftermath of an accident with an uninsured or underinsured driver can feel overwhelming. You deserve compensation for your injuries and damages, and we are here to help you every step of the way.
Contact El Dabe Ritter Trial Lawyers today for a free consultation. Our team will assess your situation and guide you through the uninsured or underinsured claim process. Your recovery is our priority, and we are committed to fighting for your rights and getting you the compensation you deserve.
Fill out our form today to schedule your free consultation and take the first step towards justice.