Many people don’t realize how important uninsured/underinsured motorist (UM/UIM) coverage is until after a crash, when the at-fault driver either has no insurance or lacks enough coverage to pay for the damage.
Bakersfield uninsured/underinsured motorist accident lawyers at the Law Offices of Mickey Fine help injured drivers, passengers, and pedestrians collect compensation when the at-fault driver carries no insurance or carries a policy that is too small to cover the harm they caused.
Although these claims are made through your own insurance policy, insurers may still challenge or undervalue them.
If you were hurt by an uninsured or underinsured driver anywhere in Bakersfield or Kern County, call (661) 333-3333 for a free, confidential consultation.
Contact The Law Office Of Mickey Fine Today To See How We Can Help.
How Can the Law Offices of Mickey Fine Help With Your UM/UIM Claim?
The Law Offices of Mickey Fine helps uninsured and underinsured motorist accident victims by reviewing the applicable policy, building the medical and economic damages picture, and negotiating or arbitrating against the carrier on your behalf.
Mickey Fine handles each case directly, with Tess McHugh as the firm's main point of contact and Michael Chen providing support.
Hands-On Representation From the First Call
You will work with Mickey Fine personally, not a rotating cast of associates. That direct line matters in UM and UIM cases because policy language, coverage rules, and arbitration deadlines often shape the outcome long before any settlement conversation begins.
The firm responds to new inquiries within 24 hours and offers a free initial consultation. Past results do not guarantee a similar outcome in any future case.
Help Getting Medical Care While the Claim Moves Forward
Treatment often cannot wait for an insurance check. In some cases, the firm may help clients find Kern County medical providers who treat car injury patients on a lien basis, which can let treatment start without upfront payment.
Mickey Fine also works with providers and health insurers at the end of the case to address outstanding balances where possible. Call (661) 333-3333 to talk through next steps.
What Are Uninsured and Underinsured Motorist Benefits in California?
Uninsured motorist (UM) coverage generally pays for bodily injury when the at-fault driver has no insurance or cannot be identified, including some hit-and-run cases that meet California’s rules.
Underinsured motorist (UIM) coverage generally applies when the at-fault driver has insurance, but the policy limits are not enough to fully compensate for the bodily injury caused.
Both coverages typically live inside your own auto policy, and coverage in any given case depends on the policy language.
California law requires auto insurers to offer UM and UIM coverage, although policyholders may reject or limit it in writing under California Insurance Code Section 11580.2. The same statute sets out much of the framework for these benefits, including notice and arbitration provisions.
Who May Be Covered Under a UM or UIM Policy
UM and UIM benefits sometimes reach further than people expect, although coverage in any particular situation depends on the policy and the facts.
The named insured is usually the starting point, and the coverage may extend to additional people connected to the policy.
- The driver named on the policy declarations
- Resident family members of the named insured, as defined by the policy
- Passengers riding in the covered vehicle, in many policies
- The policyholder when struck as a pedestrian or bicyclist by an at-fault motorist, in many policies
- Dependent children of the policyholder living away from home, in some policies
Reading the actual policy is the only reliable way to confirm who qualifies, since carriers use different definitions for resident relative, covered auto, and insured person.
A careful review by a Bakersfield uninsured motorist accident lawyer may open coverage that an adjuster did not mention on the first call. If you've been the victim of an aggressive driver, protect yourself by discovering the vital steps to take after a Bakersfield road rage car accident in our comprehensive guide.
Hear From Our Clients
When Should You File an Uninsured Motorist Claim in Bakersfield?
You should consider filing an uninsured motorist claim as soon as practical after the crash. UM and UIM policies often set their own notice provisions, and they may run shorter than the civil court deadline for filing a lawsuit.
The exact deadlines depend on the policy and on California law as applied to your facts.
The general California deadline for personal injury lawsuits is two years from the date of the injury under California Code of Civil Procedure Section 335.1.
UM and UIM claims may carry separate contractual provisions for written notice, proof of loss, and a demand for arbitration, which is why an early policy review matters.
Situations That May Trigger a UM or UIM Claim
Many crashes in Kern County may involve UM or UIM coverage even when it is not obvious at first. A few situations that often raise the question:
- A hit and run on Highway 99, Highway 58, or local Bakersfield streets
- A collision where the at-fault driver carries low liability limits
- A multi-vehicle crash where one driver had no insurance at all
- A pedestrian or bicyclist struck by an underinsured driver
- A passenger injured in another person's car when the at-fault driver lacked coverage
Each situation carries its own proof requirements and notice provisions, so an early conversation with an attorney may help confirm whether a UM or UIM claim is available.
If any of these situations apply to you, call (661) 333-3333 to talk with attorney Mickey Fine directly.
How Does the UIM Claim Process Work Against Your Own Insurance Company?
A UIM claim against your own insurance company usually works differently than a claim against the other driver. In most cases, you first seek compensation from the at-fault driver’s insurance policy.
If that coverage is not enough to fully cover your losses, you may then file a claim under your own UIM coverage, up to your policy limits.
Many insurance policies also require you to give written notice of a possible UIM claim before you settle with the at-fault driver. Some policies also require your insurance company’s written permission before the settlement becomes final.
These rules help protect the insurance company’s right to seek repayment from the at-fault driver later. This process is called subrogation.
Stages a UIM Claim Often Moves Through
UIM cases tend to move through a familiar set of stages, although the details vary widely. Understanding the general path may help you know where your case stands at any given point.
- Investigation and medical treatment through maximum recovery
- Settlement discussions with the at-fault driver's liability carrier, with UIM carrier consent where required
- Formal UIM claim presentation, including a demand and supporting evidence
- Negotiation with your own insurer for the unpaid portion of damages
- Arbitration under the policy if the parties do not reach agreement
Many UM and UIM disputes in California are resolved through binding arbitration under the policy rather than a jury trial, which is why the attorney handling your case should be prepared to present medical evidence, economic loss calculations, and witness testimony in that forum.
Past Results For Clients
What Damages May Be Recovered in a UM or UIM Claim?
UM and UIM benefits may cover the categories of bodily injury damages you might recover from an at-fault driver, up to the limits of your policy and subject to policy terms.
That generally includes both economic losses and non-economic harms tied to a physical injury. Coverage for property damage under UM/UIM is limited and depends on the policy.
According to the California Department of Insurance, UM coverage may protect policyholders when the at-fault driver has no insurance or cannot be identified, while UIM coverage may apply when the at-fault driver's limits are inadequate.
Categories of Damages That May Apply
A well-prepared UM or UIM demand documents both the financial impact of the crash and the human cost of the injury. The categories that may apply include:
- Past and future medical expenses tied to the crash
- Lost wages and reduced earning capacity
- Physical pain and suffering connected to your injuries
- Emotional distress linked to a physical injury, such as anxiety or post-traumatic stress symptoms
In California, non-economic damages like emotional distress in standard motor vehicle injury claims are generally connected to an accompanying physical injury, so the medical record and treating provider testimony often carry as much weight as the legal arguments around them.
FAQs for Bakersfield Uninsured/Underinsured Motorist Accident Lawyers
How long do I have to file an uninsured motorist claim in California?
California personal injury lawsuits generally must be filed within two years of the injury under Code of Civil Procedure Section 335.1.
UM and UIM claims may carry separate contractual notice and arbitration provisions under the policy, which may run shorter than the two-year civil deadline. The exact deadlines depend on your facts and policy.
What is the difference between UM and UIM coverage?
UM coverage generally applies when the at-fault driver has no liability insurance or cannot be identified.
UIM coverage generally applies when the at-fault driver has insurance, but the limits are not enough to cover your damages.
Both typically sit inside your own auto policy and may step in when the other driver's coverage falls short.
Will filing an uninsured motorist claim raise my insurance rates?
California law limits when an insurer may raise rates or cancel a policy because of a not-at-fault claim, and the effect of a UM or UIM claim depends on the facts and the carrier’s rules.
Whether a particular UM or UIM claim affects your premium may depend on the carrier's underwriting practices and the facts of the loss. A Bakersfield uninsured motorist accident lawyer may help review how the carrier handles your file.
Do I need a lawyer to file a UM or UIM claim against my own insurance?
You are not required to hire a lawyer to file a UM or UIM claim.
Once a claim is opened, your own insurer typically takes an adverse position on damages, and adjusters may dispute injury severity, prior medical history, or causation.
Legal representation may affect how the file is evaluated and how the matter proceeds.
What if the other driver had only minimum liability limits in California?
California's minimum liability limits are set by statute and may be lower than what a serious injury costs to treat.
When the at-fault driver carries only minimum coverage, UIM benefits under your own policy may pay the unpaid portion of your damages, up to your UIM limit and subject to policy terms.
Confirming this requires a side-by-side review of both policies.
Do I sue the other driver or my own insurance company in a UIM claim?
You generally pursue the at-fault driver's liability policy first, then bring a UIM claim against your own insurer for the unpaid portion of your damages.
The UIM claim itself is often resolved through arbitration under the policy rather than a lawsuit, although a lawsuit may be needed in some situations to protect deadlines or other rights.
How much does a Bakersfield uninsured motorist accident lawyer cost?
The Law Offices of Mickey Fine works on a contingency fee basis, which means no upfront attorney fees and no attorney fee unless the firm obtains a recovery on your behalf. Costs and expenses may be handled separately under the written fee agreement.
The initial consultation is free, and the firm responds to new inquiries within 24 hours. Call (661) 333-3333 to talk through your situation.
What if my insurance company offers a quick settlement before I am done treating?
A short call to a Bakersfield underinsured motorist accident lawyer before signing anything is generally a good idea.
Accepting an early offer before you reach maximum medical improvement may leave future medical costs and lost income unaddressed, and most releases close the claim permanently.
An attorney may review the offer in light of your medical picture and policy terms.
Can I file a UIM claim if I was a passenger?
In many cases, yes. Passengers injured by an underinsured driver may have access to UIM benefits under the policy on the vehicle they were riding in, under their own household auto policy, or under a resident relative's policy.
Which policy applies, and in what order, depends on the policy language and California law.
Take Action With Bakersfield Uninsured/Underinsured Motorist Accident Lawyers Today
A crash with an uninsured or underinsured driver can leave you fighting your own insurance company for the coverage you paid for. Before signing anything, speak with an attorney who understands these claims.
Mickey Fine spent years defending insurance companies before representing injury victims. You work directly with him throughout your case, and the firm is prepared to take UM/UIM claims to arbitration or trial when needed.
Call the Law Offices of Mickey Fine at (661) 333-3333 for a free, confidential consultation. No fee unless we recover compensation for you.