Being injured in a car accident is stressful enough, but discovering that the at-fault driver has little or no insurance coverage can feel like an additional blow. Fortunately, California law provides options for accident victims in Granada Hills who find themselves in this situation.
Am I Still Able to Recover Compensation?
Yes. If the at-fault driver was uninsured or underinsured, you may still be able to recover compensation through your own insurance policy, provided you carry uninsured/underinsured motorist (UM/UIM) coverage. This type of coverage is designed specifically for situations where the responsible driver cannot fully compensate you for your injuries and losses.
What Does Uninsured/Underinsured Motorist Coverage Do?
- Uninsured motorist coverage applies when the at-fault driver has no insurance at all, including hit-and-run drivers who cannot be identified
- Underinsured motorist coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover the full extent of your damages
- Both types of coverage allow you to file a claim with your own insurance company to recover the difference
Is This Coverage Required in California?
Insurance companies in California are required to offer UM/UIM coverage when you purchase an auto policy, but drivers can reject it in writing. Many people don’t realize they’ve waived this protection until after an accident occurs, which is why reviewing your policy details is an important first step after a crash.
How Does the Claims Process Work?
Filing a UM/UIM claim is different from a standard third-party injury claim. Instead of negotiating with the at-fault driver’s insurer, you’re negotiating directly with your own insurance company, which can create its own set of challenges. Insurers may still dispute the value of your claim or the severity of your injuries, even though you’re a paying policyholder.
What If the At-Fault Driver Has Some Insurance, But Not Enough?
If the at-fault driver’s policy limits are exhausted but don’t fully cover your medical bills, lost wages, and other damages, your underinsured motorist coverage can help make up the difference, up to the limits of your own policy. This is especially important in cases involving serious injuries, where medical costs can quickly exceed a minimum liability policy.
What Evidence Do I Need for a UM/UIM Claim?
Just like a standard injury claim, a strong UM/UIM claim benefits from thorough documentation, including:
- Police reports confirming the at-fault driver’s lack of, or insufficient, coverage
- Medical records establishing the extent of your injuries
- Evidence of lost income and other financial losses
- Documentation of pain and suffering
Should I Contact an Attorney Before Speaking with My Insurer?
It’s wise to do so. Because you’re filing a claim against your own insurance company, having legal representation helps ensure your rights are protected and that you aren’t pressured into accepting a settlement that falls short of what your claim is truly worth.
How Pilavjian Law Can Help
At Pilavjian Law, we help accident victims in Granada Hills navigate the complexities of uninsured and underinsured motorist claims. We handle negotiations with insurance companies, gather the evidence needed to support your claim, and fight to make sure you receive the full compensation you deserve.
If you were injured by an uninsured or underinsured driver, call (818) 380-3021 today to schedule a no-obligation consultation.