Handling an Uninsured Motorist Personal Injury Claim in California

As a personal injury attorney in San Francisco, CA, I often see situations where an individual is involved in an accident with someone who has no insurance or assets. If you have uninsured or underinsured motorist coverage on your policy, you may still be able to make a claim. This article will address uninsured or under-insured motorist, or what is commonly referred to as UM, coverage for a personal injury claim in California. The article will discuss what uninsured motorist coverage actually is, what is required to make a UM claim and who may be covered by any such claim.

What is UM Insurance Coverage?

UM insurance coverage is generally available to anybody who legally operates a motor vehicle and has his or her own insurance policy. You must request to purchase UM insurance in California. UM insurance is very inexpensive and generally makes for a smart purchase.
UM coverage can be very useful in many injury settings. If you suffer an injury by an uninsured or underinsured motorist, you will be covered by UM insurance for your injuries and incidental expenses.
The best example is in a situation where an individual has serious injuries and was struck by an underinsured motorist. If you were rear-ended by a motorist with a minimum policy of $ 15,000.00 and suffered serious injury and expenses, you would only be entitled to $ 15,000.00 in coverage by the party that struck you in a car accident. However, if you had a UM coverage to your policy, you would be entitled to collect the remaining balance against your own policy.

Physical Contact Between the Two Vehicles

In order to have your UM insurance begin its coverage, there must be physical contact between two objects. Essentially, this means that a vehicle conducting a lane change which requires that you conduct a defensive maneuver that causes you to get into an accident will not be covered by your UM policy. Physical contact occurs when the insured or the insured's car is struck by an object or vehicle part from an unknown vehicle, notwithstanding that the two vehicles never touch. Clearly contact also occurs when you are struck directly by a vehicle as well.
The courts have determined physical contact occurred, for purposes of UM coverage, when a rock fell from unknown vehicle and struck the victims car. Courts have also found that no UM coverage is permissible injuries resulting from collision occurring between insured's car and a box of chairs already lying in road.

Who is Covered Under a Uninsured or Underinsured Motorist Claim

If you already UM coverage on your policy, you will be able to make a claim without a problem. There are even situation where you still may be covered through a UM policy, even if you do not have the policy yourself. If you were a passenger in a vehicle where the driver had UM insurance, you may still be covered.
Even as a pedestrian or bicyclist, you may still be covered if you or a relative you live with has UM coverage.

Settlement for UM Coverage

In order to settle a UM matter, the injured insured party must still prove liability against the uninsured or underinsured motorist. This should make logical sense. If there is no possibility of a case against the party who struck you, there is no case for your UM policy.
The best example of such a thing would be where an individual who carries UM insurance strikes an individual who has no insurance from the rear because he was following too closely. This is an accident where the UM insured driver is at fault and as such his or her policy does not have to pay her out.
If you were injured and the other party did not have insurance, contact a local attorney to discuss whether you will be able to pursue a claim.

 

For more information visit Allegiance Law the San Francisco Personal Injury Attorneys.