You are driving through San Diego when another driver runs a red light and crashes into your car. You suffer injuries, miss work, and need continuing medical treatment. Then you learn that the driver who caused the accident has no automobile liability insurance.
Who pays for your losses?
When the at-fault driver has no insurance in California, you may still have a source of recovery through your own uninsured motorist coverage. California law regulates this coverage, commonly called UM coverage, and allows qualifying policyholders to seek damages when an uninsured driver causes an accident.
Buying UM coverage does not mean your insurance company will automatically pay everything you request. You still need to establish fault, prove your injuries, document your losses, and comply with the requirements that apply to your claim.
An uninsured motorist attorney can review your policy, determine which coverage applies, and pursue the benefits available after your accident.
What Does California Law Say When the At-Fault Driver Has No Insurance?
California Insurance Code § 11580.2 governs uninsured motorist coverage. California automobile liability policies generally include bodily injury coverage for damages an insured person can recover from an uninsured driver, unless the named insured rejects UM coverage in writing.
The law addresses several situations. An uninsured driver may have no liability policy at all. In other cases, an insurance company may deny coverage for the driver who caused the accident. California law can also treat certain hit-and-run vehicles as uninsured vehicles when the driver or owner remains unknown.
Underinsured motorist coverage applies to a different problem. The at-fault driver has liability insurance, but the available policy limits do not fully cover your qualifying damages.
Knowing which situation applies helps you determine where to seek compensation and which requirements govern the claim.
How Would UM Coverage Apply to a San Diego Accident?
Let’s return to our example. A driver runs a red light in San Diego and hits your vehicle. Police investigate the accident, and witnesses confirm that you had the green light. You later learn that the other driver had no liability insurance when the collision occurred.
Your UM claim would proceed against your own insurance company rather than the uninsured driver’s insurance company.
You would still need to prove that the other driver caused the accident. The police report, witness statements, traffic-camera or surveillance footage, photographs, vehicle damage, and other evidence could support that part of your claim.
You would then need to connect your injuries to the collision. Medical records, diagnostic testing, physician reports, employment records, and other evidence could document your treatment and financial losses.
Suppose your insurance company accepts that the uninsured driver caused the accident but disputes the amount of your damages. The dispute has now moved from liability to value. Your medical prognosis, future treatment needs, lost income, physical limitations, and other evidence may become central to deciding how much the insurance company owes under the policy.
This example shows why identifying an uninsured driver does not end the analysis. It changes the source of your recovery.
What Can You Recover Through an Uninsured Motorist Claim?
The amount you can recover depends on your policy limits, your injuries, the coverage you purchased, and the facts of the accident.
A bodily injury UM claim may seek damages for:
- Medical bills and future medical treatment;
- Lost wages and reduced future earning capacity;
- Physical pain;
- Emotional suffering; and
- Other qualifying losses caused by the accident.
Your UM policy limits can cap what the insurance company pays under that coverage. Property damage follows separate insurance rules, so you should review your policy rather than assume your bodily injury coverage pays for every loss.
What Happens If Your Insurer Blames You for Part of the Accident?
Your insurance company can investigate fault even though you purchased the policy from that company.
Suppose the uninsured driver ran a red light, but the insurance company argues that you were speeding and could have avoided the collision. California’s comparative negligence rules may affect the amount you can recover if the evidence shows that you contributed to the accident.
That makes preserving evidence important. Video, photographs, vehicle damage, witness accounts, electronic vehicle data, and accident reconstruction evidence may help establish what each driver did before the collision.
Your insurance company may also dispute whether the accident caused all of your injuries. Medical documentation can help distinguish accident-related injuries from unrelated medical conditions.
What If You and Your Insurance Company Cannot Agree?
California law provides a procedure for resolving certain UM disputes.
Insurance Code § 11580.2 provides for arbitration when the insured and insurer disagree about whether the insured can recover from the uninsured driver or “the amount of damages” the insured may recover.
That means a disagreement with your insurance company can proceed beyond exchanging settlement offers. Preparing a UM claim requires evidence that supports both the uninsured driver’s responsibility and the amount you seek.
Can You Make a UM Claim After a Hit-and-Run Accident?
Potentially, but California imposes additional requirements.
Insurance Code § 11580.2 can treat certain hit-and-run vehicles as uninsured vehicles when the owner or operator remains unknown. The statute includes requirements involving physical contact and reporting the accident.
If a driver hits your vehicle and leaves, report the accident to police and your insurance company as soon as possible. Photographs, witness information, nearby surveillance footage, and vehicle damage can help establish what happened when you cannot identify the other driver.
How Long Do You Have to Pursue an Uninsured Motorist Claim?
Do not assume the ordinary personal injury filing deadline controls every part of a UM claim.
California Code of Civil Procedure § 335.1 generally provides two years to file an action for injury caused by another person’s wrongful act or neglect. A UM claim also operates under Insurance Code § 11580.2 and the terms of your insurance policy.
Waiting can create problems long before a filing deadline expires. Video can disappear, witnesses can become harder to find, and disputes about notice or coverage can arise.
Reviewing the claim early gives you more time to establish which deadlines and policy requirements apply.
Talk to a San Diego Injury Attorney About Your UM Claim
Learning that the driver who injured you has no insurance can make it appear that you have nowhere to turn for payment. Your own automobile policy may provide another source of recovery.
Golshani Lee LLP represents people injured in San Diego motor vehicle accidents and handles disputes with insurance companies. Our attorneys can review your policy, investigate the collision, document your damages, negotiate with your insurance company, and prepare the case for arbitration or litigation when needed.
If an uninsured driver injured you, contact Golshani Lee LLP to discuss your claim. We can explain your coverage and help you pursue the benefits available under your policy.