DO NOT BE TRICKED BY YOUR INSURANCE COMPANY OR INSURANCE AGENT TO EXCLUDE THIS COVERAGE FROM YOUR POLICY BECAUSE THEY CLAIM YOU DO NOT NEED IT. EVERYONE WHO HAS AN AUTO INSURANCE POLICY NEEDS THIS COVERAGE TO PROTECT THEMSELVES.
Insurance policies in California give the insured the right to purchase coverage for what is referred to as “uninsured motorist protection” (UM). Uninsured motorist protection becomes effective when the insured, having such protection, is involved in a car related accident causing injury where the other driver is at fault and does not have auto liability insurance coverage even though this is required under California law.
In such a situation, this insurance coverage allows you to recover from your own insurance company as if your own insurance company was standing in the shoes of the other driver who was responsible for the accident and your injuries. As with “medical payments protection”, this type of coverage PROTECTS YOU in all accidents where you are injured that involve a motor vehicle, whether or not you are in a car.
Again, you may be riding a bicycle, walking in a cross walk as pedestrian, and be involved with a hit and run driver or driver who is uninsured. In such circumstances, uninsured motorist protection will insure you for your injuries, subject to the limits monetary of protection you paid for.
Typically, uninsured motorist coverage must be the same limit as your third party liability coverage. Third party liability coverage is a liability coverage that is required of all drivers in California under the financial responsibility laws with the minimum limits of $15,000.00 per person/$30,000.00 per occurrence.
Higher limits are available in uninsured motorist protection coverage and are recommended. Several type of coverages are $25/$50 $100/$300 and some carriers provide a limit greater than those amounts.
Since California law only requires car drivers, in complying with the financial responsibility law, to have a minimum of $15/$30,000.00 coverage, many drivers are uninsured or under-insured for the damage and harms they cause. Under California Law, uninsured motorist coverage is also coverage for under-insured motorists.
This type of coverage provides protection to an individual in the event of an accident with an under-insured motorist (a motorist who does not have insurance protection sufficient to cover the injuries and damages which he caused to another).
Under insured-motorist coverage comes into play when an insured is involved in an accident that is not his fault, is injured, and the other driver does not have sufficient insurance to fully compensate the insured for the damages caused. In such an event, once it is appropriate to engage in settlement discussions on behalf of the insured/injured party and a settlement is reached that exhausts the responsible party’s policy limits, an under insured motorist claim can be made against the injured party’s own insurance company.
Here is one example: An at fault driver has $15,000 per person and $30,000 per accident liability coverage policy, the insured/injured party has $50,000/$100,000 uninsured/under insured motorist policy and fair compensation for the injuries and damages caused to the insured/injured party are in excess of $50,000.
In such an event, the insured/injured party after settling with the at fault driver's insurance company for the policy limits of $15,000.00, can proceed and make a claim for benefits against his own insurance company under the under-insured motorist (UIM) provision of his own insurance policy. He would be able to recover an additional $35,000.00 because his insurance company would get an offset for the amount paid by the at fault driver insurance company.
Total recovery from the at fault party and the UIM carrier will equal the UM policy limits which in this example is $50,000.00. If the responsible party did not have any insurance coverage, the injured party could claim the entire $50,000.00 from his own insurance company under the uninsured motorist provision of his policy.
Uninsured and under-insured motorist coverage protection is highly recommended. There are too many examples of accidents with insufficient insurance coverage to fully and fairly compensate the injured party for their injuries and damages. Having the maximum protection you can afford will provide you with peace of mind and access to the best medical care.
People generally think that since it is the law in California that everyone must have auto liability insurance, this type of protection is not necessary for them. As we explained, this is not the case. Failing to purchase Uninsured Motorist coverage may limit your access to the best medical care for your injuries and also leave you uncompensated for your pain and suffering.
The State of California requires every insurance policy to include Uninsured Motorist coverage unless you, the insured and purchaser of the policy, specifically directs you insurance company or broker to exclude this coverage from your insurance policy.
We have successfully acquired uninsured motorist/under insured motorist benefits where the insurance policy did not have this coverage and where the insurance company failed to have the client sign a document specifically excluding these benefits.
DO NOT BE TRICKED BY YOUR INSURANCE COMPANY OR INSURANCE AGENT TO EXCLUDE THIS COVERAGE FROM YOUR POLICY BECAUSE THEY CLAIM YOU DO NOT NEED IT. EVERYONE WHO HAS AN AUTO INSURANCE POLICY NEEDS THIS COVERAGE TO PROTECT THEMSELVES.
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