Uninsured Motorist Insurance Benefits – California requires drivers to maintain auto liability insurance to pay for any injuries or property damage – of which the minimum is $15,000 for the injury or death of one person, $30,000 for the injury or death of two or more people, and $5,000. For material damage.
Unfortunately, not everyone complies with this requirement, and not all drivers have enough insurance to fully cover the needs of injury victims.
Uninsured Motorist Insurance Benefits
If you or a loved one has been injured in an accident involving an uninsured or underinsured driver, working with an attorney can help you determine whether there are other viable options for recovering damages.
Personal Umbrella Policy Um & Uim
Damage to an uninsured or underinsured motorist may be covered by your policy and/or the other at-fault party.
Our senior attorneys have been nominated for Super Lawyers – Rising Stars, awarded to the top 2.5% of attorneys – meaning 97.5% of other Southern California attorneys are unqualified.
To schedule a free case evaluation with our personal injury law firm, contact E&L, LLP, at (213) 213 0000 to discuss how UM/UIM accidents put victims at risk.
In a perfect world, those found to be at fault for an accident would fully compensate victims for their losses. Unfortunately, some accidents involve drivers who have only minimal liability coverage, low-limit policies, or no auto insurance at all.
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In such circumstances, victims face significant risks of having to pay for their damages—which, depending on the severity of the injuries and the extent of the damages, can be extensive.
For this reason, all drivers are strongly encouraged to purchase uninsured/underinsured (UM/UIM) coverage. This form of additional coverage is optional in California, but it can make a difference when it matters most.
If you or a loved one is injured by an uninsured or underinsured motorist, your ability to cover the resulting damages depends largely on whether you have the right options for coverage and compensation.
If your auto policy includes uninsured or underinsured motorist (UM/UIM) coverage, you’ll seek compensation by filing a claim with your own insurance company—either when no coverage is available (uninsured motorist accident) or when available. Limited coverage ends. (Underinsured Driver’s Insurance). Drivers with UM/UIM coverage can also file claims for hit-and-run accidents.
Do You Need Uninsured Motorist Insurance?
Although you must generally be the named primary policyholder to be eligible for UM/UIM coverage, you may still be covered if you do not have UM/UIM coverage personally.
If you have UM/UIM coverage, it should be clearly listed as part of your auto insurance policy. Coverage can pay for property damage and medical bills in accidents caused by uninsured or underinsured drivers (when lower limit coverage is exhausted).
Depending on the coverage you purchase, you may be able to recover compensation for a range of losses under your UM/UIM policy.
UM/UIM insurance generally does not allow recovery of punitive damages, and some policies do not cover property damage; However, collision coverage (if available) can be used to cover the cost of property damage, which is not deductible.
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To schedule a free case evaluation with our firm, contact E&L, LLP, at (213) 213 0000 Is there a deadline for filing a UM/UIM claim?
In California, the statute of limitations for filing a UM/UIM claim is generally two years from the date of the accident.
Although the two-year time limit applies to UM claims, it does not always apply to UIMs, according to California case law. However, anyone with a potential claim is advised to review their policies carefully and make claims within a reasonable time frame – both to preserve their right to compensation and because there may be contractual provisions that stipulate certain claims must be settled within one year. Unlike the two. -year statute of limitations for civil suits for personal injuries.
A significant advantage of UM coverage is that it also covers hit-and-run accidents. Whether or not the hit-and-run driver is later found (and charged with a crime), you still have options to recover damages if you have this coverage. Keep in mind that even when hit-and-run drivers are arrested, they often don’t have insurance, and any restitution ordered by the criminal courts is unlikely to ever amount to substantial restitution.
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To preserve your UM coverage in a hit-and-run collision, you must report the accident to the police within 24 hours and to your insurer within 30 days (CA Insurance Code §11580.2(b)(2)).
Generally, yes. UM/UIM insurance can cover damage caused by debris from a “phantom” vehicle that cannot be detected. As with hit-and-run accidents, you must show that there was sufficient physical contact—ie. You/your vehicle is struck by a part or component of another vehicle or an object the vehicle is carrying (such as cargo, furniture or debris). car
In California, immovable objects that hit the roadway do not trigger UM protection; There should be little applied force from an unprotected (or unknown) vehicle. This means that the object must have actually fallen/moved from the vehicle at the time of the collision (Barnes v. Nationwide Ins. (1986) 186 Cal.App.3d at 541).
It’s natural to think that the company you buy insurance from is “on your side”—until it’s not. Insurance companies are large corporations, and their business is based on prioritizing profits over people. Even if you have UM/UIM coverage, reimbursement is never guaranteed. You will still need to prove to the insurance company that the other driver or other parties involved were at fault and that you have the right to make a claim.
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Based in Beverly Hills, E&L, LLP has experience helping victims and real people fight insurance companies who want to pay as little as possible – both in personal injury cases and in insurance disputes where claims are unreasonably delayed, underpaid or disallowed. We know how insurance companies operate, understand the complex laws and regulations they are bound by, and have the experience to ensure our clients meet their legal obligations in their time of need.
To schedule a free case evaluation with our firm, contact E&L, LLP, at (213) 213 0000 What if UM/UIM coverage is not enough to cover the loss?
Americans face some of the highest medical care costs in the developed world, which means that medical expenses and other damages resulting from an accident can quickly add up to prohibitive amounts. It’s not uncommon for victims to exceed their coverage policy limits for damages—especially in the case of death or catastrophic injury.
As part of our work representing injury victims, our legal team devotes significant time and energy to researching all available options. In some cases, there may be additional avenues of coverage through which victims can receive compensation—if liability can be proven.
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California uses what is known as the “pure comparative negligence” standard in personal injury cases. This means that multiple parties involved in an accident can be assigned blame and responsibility.
It also means that drivers who are partially (or primarily) responsible for their own damages can still seek compensation from other at-fault parties, which will be reduced by their percentage of fault.
E&L, LLP, has cultivated attorneys ready to represent plaintiffs in complex personal injury, product liability and car accident cases. If you have questions about your rights and options after a car breakdown, our team is here to help.
If you have been injured, contact our personal injury attorneys at E&L, LLP today by calling (213) 213 0000 for a free case evaluation and consultation. home | Blog | These staggering statistics show why everyone should be uninsured motorists and underinsured motorists.
Um/uim: What Is Uninsured Motorist Coverage?
The purpose of car insurance is to help pay for damages and injuries in the event of an accident. But unless you’ve experienced it yourself, you may not realize how often it fails, leaving the injured driver with a big bill to pay — even if it was someone else’s fault. The only remedy is uninsured motorist and underinsured motorist coverage.
Recently, our law firm (Hipskind & McAnninch, LLC) conducted a detailed analysis of our caseload data from 2018 and 2019. We were interested in: How often does uninsured or underinsured motorist coverage affect compensation clients receive in auto accident cases? Accident?
When we crunched the numbers, the results were striking: nearly 40% of all car accident cases involved either uninsured or underinsured recovery, or it could have helped.
In plain English: 40% of our car accident clients are injured in car wrecks caused by people who do not have adequate insurance. This is a big deal. Suppose, for example, you are in an accident that results in significant injuries. The cost of your car accident (medical bills, time off work, etc.) is, say, $400,000. You get a settlement, but the other party has bad insurance and no insurance. The insurance company covers only half of the total amount you win. How will you get your remaining $400,000? Chances are the other side is just not that.
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But, if you have uninsured or underinsured motorist coverage, your insurance
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