Another car hit and injured you in a serious car accident. Usually, the at-fault driver’s insurance policy pays for the injured person’s damages. However, the other driver doesn’t have insurance!
Far too many people don’t carry auto insurance, although the state legally requires it.
How can you get payment for your injuries and related damages? A skilled car accident attorney may obtain compensation in an underinsured and uninsured (UM/UIM) claim. Learn about UM/UIM claims below, and talk to an auto accident attorney in your city for additional information.
How Uninsured Drivers Affect Southern California
Many drivers don’t have auto insurance. It’s against the law, but some drivers don’t want to pay the annual premiums.
Uninsured drivers cause about 15 percent of accidents nationwide, and about 15 percent of California drivers don’t have insurance.
When someone without coverage hits a driver with insurance, they must file a claim with their auto insurance providers. This can trigger higher premiums and out-of-pocket costs. Uninsured driver coverage is more costly in California because there are many uninsured drivers.
If you drive in southern California, paying for UM/UIM coverage is highly recommended. This vital coverage can be critical to your compensation and recovery in an accident with an uncovered driver.
What Is UM/UIM Coverage?
In California and many states, UM/UIM insurance is a policy rider that provides some coverage for your medical bills and lost earnings if the at-fault driver is underinsured or lacks insurance.
This coverage isn’t required, but the insurance company must offer it, and you have to decline it if you don’t want it. Minimum UM/UIM coverage in California is $15,000 per person for bodily injury and $30,000 per incident. It is $3,500 for vehicle damage.
When Should You File An Underinsured And Uninsured Claim?
You may need to file a UM/UIM claim in these situations:
- The driver who caused your auto accident has insufficient coverage for your damages. For example, many states only require a small amount of bodily injury coverage. Your damages can far exceed the coverage on that policy.
- The driver who caused your accident has no auto insurance. In some localities, as many as two out of five drivers lack auto insurance.
- The driver who hit you fled the accident scene (hit and run).
California law does not require drivers to have UM/UIM insurance, but professionals recommend it. If the other driver is uninsured, you can have difficulty paying your full bills.
Another option is to rely on your health insurance to cover some of your losses. However, the health insurance policy will only pay for some of your medical bills, and you must cover copays and deductibles.
UM/UIM insurance is generally preferred because it is first-party coverage that lets you obtain coverage from your policy if it wasn’t your fault. This includes services your medical coverage doesn’t pay for, such as acupuncture and chiropractic.
Your UM coverage also may pay for lost earnings, property damage, and pain and suffering.
UM/UIM insurance is also helpful because it may cover you and your household in accidents when walking, riding a bike, or riding in another person’s car.
How To File A UM/UIM Claim
A California auto accident lawyer is a huge help if you file a regular car accident or UM/UIM claim. If you need to file a UM/UIM claim, your attorney may help in these ways:
Investigate The Crash And Prove Fault
Auto accident attorneys in California do many things for their clients, including being an accident investigator. You must prove another driver violated their duty of care and injured you.
Doing so requires your attorney to review the evidence and prove to the insurance adjuster or jury that the other driver is at fault:
- Obtain any business or traffic camera surveillance video of the accident.
- Review any photos or videos you took of the accident scene.
- Hire expert witnesses to prove how the accident happened.
- Obtain the police report from the accident.
- Review the damaged vehicles and tire marks.
- Talk to eyewitnesses.
- Go over the statements you made about the accident and who caused it.
Review Insurance Policies
Next, your auto accident attorney will understand what insurance coverage is available. This includes your auto insurance policy and that of any other involved parties. Your auto accident attorney will verify if the liable motorist has auto insurance and how much.
Your auto crash lawyer will also verify if your policy has UM/UIM coverage and how much. Damages for a serious car accident can be at least five or six figures, so your attorney will determine all possible insurance policies and how much they can pay.
Calculate Your Damages
Your auto accident attorney will evaluate your medical bills, lost earnings, pain and suffering, mental anguish, etc. Once they know your approximate damages, they will determine the value of our claim.
Negotiate With The Insurance Company
Your attorney will determine which insurance policy is liable and what coverage is available. Then, they will negotiate a fair settlement with the insurance adjuster. If the other driver is uninsured or underinsured, the attorney may negotiate with your insurance company if you have UM/UIM coverage.
Determine If There Is Enough Insurance Coverage
Next, your auto accident attorney must determine if your or the at-fault driver’s policy has enough coverage to pay your damages. If not, you may need to file a personal injury lawsuit against the other driver.
If it was a hit-and-run, you must find the other driver before you can file a claim or lawsuit against them. If authorities do not find the driver, filing a claim on your UM/UIM policy may become your only legal option.
How Much Is Your Auto Accident Claim Worth?
It’s always the big question: What is my claim worth? After all, the more money you get in a car accident claim, the more your expenses are covered.
However, no auto accident attorney can accurately estimate your claim without knowing the case details. The following factors will influence what your claim is worth:
The Extent Of Injuries
Did you break your back in a rear-end crash with a drunk driver? If the injury involves paralysis, it’s a catastrophic injury that may impair you for life. The claim value skyrockets when a devastating injury is involved.
On the other hand, a broken wrist, while a substantial injury, will fully heal, usually within three to six months. The claim value for this injury may be lower. However, the claim’s value can increase if the injury causes long-term complications or requires extensive treatment.
Amount Of Medical Bills
A catastrophic injury, such as a brain injury, paralysis, severe burns, or amputation injury, is often permanent, so the medical bills will be higher than for a short-term injury.
For example, a brain trauma injury may necessitate years of medical care and rehabilitation, costing millions of dollars. The high medical cost will increase your settlement value. But a broken arm, while serious, will have $25,000 or less in medical bills.
Insurance Coverage
As explained earlier, the amount of insurance coverage often impacts the ultimate settlement. The other driver may be uninsured, and you may have only $15,000 of UM/UIM coverage. You might not get full compensation if you have $50,000 in damages.
Property Damage
Was your car totaled? If the accident totals your car, it will raise the value of your case.
Pain And Suffering
You may have severe pain and suffering from a catastrophic injury, such as an amputation or burns. Pain and suffering are harder to calculate than medical bills, but your attorney will look at recent similar accident settlements to offer proof of your pain’s value.
Emotional Trauma
A serious car accident injury can leave you with serious emotional and mental trauma. You can have difficulty sleeping, driving, or being around cars, anxiety, PTSD, depression, and have trouble working or enjoying life. These losses can be substantial, and your auto accident attorney will work with your mental health care team to gauge how the accident affected you mentally.
Remember that if an uninsured driver hits you, your damages can vastly exceed the compensation available. If you have only $15,000 or $30,000 of UM/UIM coverage and have a broken back, you likely need to sue the liable driver for additional compensation. Your auto accident attorney can assist if your damages exceed the available coverage.
How Long Will A UM/UIM Claim Take To Settle?
The time it takes to settle any auto accident claim depends on many factors, including the ones mentioned earlier about the amount of your settlement.
Generally, accidents involving more damages, medical bills, and long-term consequences take longer to settle. These claims may involve six or seven figures, and the insurance company may strongly contest paying a large settlement.
Some auto accident claims can be settled in a few weeks if there is a minor injury. Others may take between three and six months. If the insurance company digs in, your auto accident attorney may need to file a lawsuit and go to court. This action will extend the resolution by months or even years.
If authorities do not identify the other driver, an uninsured or underinsured driver claim may take longer to settle than other claims. It may take a few months to locate the liable driver. You cannot file a claim against the other driver until authorities identify them.
Your auto accident attorney will communicate with you about filing a claim on your uninsured driver policy if you have it. While you are the client, your insurance company may still object to covering your claim or paying full benefits. Your auto accident attorney can handle negotiating with your insurance company to get you coverage for your losses.
How Can You Boost Your Auto Accident Settlement?
The first step to getting more in your auto accident settlement is to hire a skilled car accident attorney. Your lawyer can accurately assess your claim value and negotiate aggressively with the insurance company to maximize your claim.
To get more money:
- Pay for UM/UIM coverage: It only costs a few dollars monthly to have this coverage. Having UM coverage if the other driver is uninsured or flees will be a welcome relief. Without this coverage, you may get nothing for your injuries.
- Go to the doctor the same day: Insurance companies are notorious for denying or questioning claims if the injured person doesn’t get prompt medical attention. Waiting a month to see the doctor will cause the adjuster to lower your settlement offer. They may even deny that their insurance company is liable.
- Take photos and videos: If you aren’t severely injured, take videos and photos at the crash scene. Documenting the overall crash scene, vehicle damages, and injuries can help your lawyer’s investigation.
- Talk to accident witnesses: Witnesses may leave the scene quickly, and finding them may be impossible. Get their names, contact information, and a statement about who caused the accident.
Turn over all accident evidence to your attorney in the initial legal consultation. Your attorney will fully investigate the accident, but the information you have can be critical to increasing your compensation and building a stronger case. Providing all relevant details early on will help ensure the best possible outcome for your claim.
Two-Year Statute Of Limitations For A UM/UIM Claim
Every personal injury claim in California has a statute of limitations. You have only two years from the accident date in California to file your personal injury claim. Ensure you speak to an experienced car accident attorney before the time limit expires.
Speak To A Car Accident Attorney Today
Another driver hit and injured you. They don’t have insurance, but don’t worry. A car accident attorney can file an uninsured or underinsured driver claim to ensure fair compensation.
Speak to a car accident lawyer in your city today for additional information. The consultation is free, and there is no obligation. You don’t need to pay legal expenses out of pocket, and you don’t pay anything if you don’t win.