Victims who have suffered injuries from car accidents are stressed enough. However, when the driver who is at fault for the vehicle collision does not have insurance, it can cause further uncertainty and fear for victims. California law addresses this possibility through uninsured motorist and underinsured motorist coverage. Understanding California’s Insurance Code § 11580.2 will help victims and their families better understand their rights and options moving forward after an accident.
What Is Uninsured Motorist Coverage?
In California, insurance companies are usually required to offer uninsured motorist coverage as part of an auto policy. This type of coverage is designed to help when:
- The at-fault driver has no insurance
- The driver is unknown (such as a hit-and-run)
- The driver’s insurance company denies coverage or cannot pay
What Does the Law Require?
California Insurance Code § 11580.2 may:
1. Require Insurance Companies to Offer UM Coverage
Insurance providers must include uninsured motorist coverage in auto policies unless the policyholder declines it in writing.
2. Define Who Is Covered
California’s Insurance Code § 11580.2 may protect the policyholder, your household family members, and passengers in your vehicle.
3. Cover Bodily Injury Damages
Uninsured motorist coverage may apply to injuries, including but not limited to medical expenses, loss of income, pain, suffering, and long-term or chronic health impacts.
What Is an “Uninsured Motor Vehicle”?
An uninsured motor vehicle may include:
- A driver with no insurance at all
- A driver whose insurance company refuses to provide coverage
- A hit-and-run driver who cannot be identified
What About Underinsured Motorist Coverage?
Underinsured motorist coverage may help protect victims from at-fault drivers who are involved in an accident and do not have enough insurance to pay for the injuries and harm they have caused. Understanding underinsured motorist coverage is crucial to making sure you are aware of the precautions to take to receive the proper amount of compensation you deserve moving forward. In addition, underinsured motorist coverage is broken into two categories, including the following.
- Bodily injury
- Property damage
Coverage Limits and Realistic Expectations
Every state holds a set of different requirements when it comes to insurance. In California, drivers are required to carry the following.
- Bodily injury liability coverage - $30,000 per person and $60,000 per accident
- Property damage liability coverage - $15,000
- Uninsured and underinsured motorist bodily injury coverage - $30,000 per person and $60,000 per accident
- Uninsured motorist damage coverage - $3,500
These minimum coverage requirements for the state of California are set in place to ensure that victims are protected when facing injuries from a vehicle collision. Oftentimes, many drivers will choose higher coverage options to ensure they are protected from the damage and harm caused by an accident. Understanding these limitations and expectations is crucial to ensuring the safety of yourself and other drivers on the road.
Additional Auto Insurance Coverages in California
Additional auto insurance coverages in California may include:
- Comprehensive coverage that may cover theft, vandalism, fire, natural disasters, and injuries from falling objects.
- Collision coverage, including the overall damage caused to your vehicle
- Mechanical breakdown insurance, which covers the cost of repairs to a vehicle's engine or transmission.
- Rental car reimbursement, which pays for your rental car if your vehicle is being repaired.
- Emergency roadside assistance that can provide aid if your vehicle breaks down.
Timing Matters: Deadlines and Claims
For uninsured motorist claims, it is important to understand the strict deadlines set in place for your personal injury claim.
- There may be a two-year window to bring a claim in many situations
- Additional steps, such as reporting the accident, may be required
The Claims Process: What to Expect
Uninsured and underinsured motorist claims are different from typical injury claims. Instead of dealing with the at-fault driver’s insurer, you may be dealing with your own insurance company. Victims who may be suffering from the aftermath of an accident should consider seeking legal guidance and support to better understand this concept and their rights moving forward with their personal injury claim. An attorney can help victims become aware of the necessary steps to take, including the following.
- Providing medical records
- Documenting lost income
- Participating in medical evaluations
- Possibly resolving conflicts through arbitration
Why This Law Matters for Potential Clients
California Insurance Code § 11580.2 exists to address a real problem: not every driver carries sufficient insurance. Without this law, injured individuals could face significant financial gaps after an accident.
How Legal Guidance Can Help
The proper legal guidance and support can help victims who have suffered injuries after an accident understand their rights and the necessary steps to take for their case moving forward. An attorney may review your claim, identify available coverage, and communicate with insurance companies. A legal professional can also provide guidance to help victims focus on recovering from their injuries.
How KAASS LAW Can Help
At KAASS LAW, we understand the challenges that may come for victims facing injuries after an accident. Our experienced personal injury attorneys can guide clients through the legalities of their case and help them understand the importance of their claims. If you have suffered injuries from an accident, call KAASS LAW today.