A car accident creates immediate confusion and stress, and learning that the person who hit you lacks sufficient insurance only adds to the pressure. If an uninsured or underinsured driver crashed into your car, your own insurance policy may hold the solution to paying for your medical bills and other losses.
Key Takeaways for Uninsured/Underinsured Drivers
- Your own auto insurance policy is the primary source of recovery.
- You must formally report the accident to your own insurance company, even though you were not at fault.
- You can only recover damages for emotional distress if you also sustained a physical injury in the accident.
- Contacting a personal injury attorney early can protect you from mistakes that weaken your claim.
Understanding Your Own Insurance Policy
After an accident, many people believe their only option is to file a claim against the at-fault driver’s insurance. When that driver has no coverage, you might feel like you have no recourse.
However, your own insurance policy often contains the protection you need through specific coverage types designed for this exact situation. California law requires insurers to offer this coverage with every policy.
You need to review your policy's declaration page to confirm the details and limits of your coverage. This information is the foundation of your recovery strategy after a collision with an uninsured motorist.
The Law Offices of Mickey Fine can help you review your policy and determine the best path forward.
The Role of Uninsured Motorist Coverage
Uninsured Motorist (UM) coverage is a portion of your auto insurance policy that protects you when you are in an accident with an at-fault driver who has no liability insurance. It covers bodily injuries you and your passengers sustain.
Essentially, your own insurance company steps into the shoes of the at-fault driver's absent insurer to pay for your damages up to your policy limits.
UM coverage applies in a few different scenarios. The most common is a collision with a driver who illegally operates a vehicle without insurance. It also frequently applies in hit-and-run accidents where the at-fault driver cannot be identified or located.
Some necessary expenses UM can cover are:
- Medical Treatment: This includes emergency room visits, hospital stays, surgical procedures, and ongoing physical therapy.
- Lost Wages: You can recover income lost due to being unable to work while you recover from your injuries.
- Future Medical Needs: If your injuries require long-term care, UM coverage can account for those future costs.
- Pain and Suffering: This compensates you for the physical pain and emotional distress caused by your injuries.
How Underinsured Motorist Coverage Protects You
Underinsured Motorist (UIM) coverage applies when the at-fault driver has liability insurance, but their policy limits are too low to cover the full extent of your damages. California has a minimum liability coverage requirement, which is often insufficient to cover the costs of serious injuries.
For instance, if your medical bills total $50,000 but the at-fault driver's policy only covers $15,000, your UIM coverage can bridge that gap.
The process involves first recovering the maximum amount from the at-fault driver’s insurance policy. Once you have that amount, you can file a UIM claim with your own insurance company for the remaining damages, up to the limits of your UIM policy.
Notifying the Authorities and Your Insurer
If the police did not show up at the scene, contact them and report the wreck. A police report creates an official record of the accident, which can be invaluable for your claim.
You also have a contractual obligation to report the accident to your own insurance company promptly. This is true even if you were not at fault.
Waiting too long to report the incident gives the insurer a reason to deny your claim. When you speak to them, stick to the basic facts of what happened without speculating on fault or the extent of your injuries.
Organizing Evidence for Your Claim
If you have already addressed your immediate medical needs, the next step is to organize the information related to the accident. Gathering all evidence and documentation is crucial for your claim, as it forms the basis for proving fault and losses.
Evidence to organize includes:
- Driver and Vehicle Details: Review the notes and photos you have of the other driver's full name, address, driver's license number, and vehicle information. If you do not have this information, it should be contained within the official police report from the incident.
- Police Report: Secure a copy of the formal police report. This document includes the officer's narrative of events, any citations issued, and the identities of all parties and witnesses.
- Witness Information: Make a list of the names and contact details for anyone who witnessed the collision. Independent accounts can significantly strengthen your claim by corroborating your version of what happened.
- Photographic and Video Evidence: Gather all the images and videos you took at the scene. These visuals should clearly document the damage to your vehicle, the other car's condition, the surrounding area, and any visible injuries you sustained.
Filing an Uninsured Motorist Claim
Filing a UM or UIM claim is different from a standard liability claim because you are seeking compensation from your own insurance company, which can create an adversarial relationship where one did not previously exist.
Your insurer's goal is to minimize its payout, which is why having an experienced legal advocate is so important.
The claims process starts by sending a formal notification to your insurer of your intent to file a UM/UIM claim. You will then need to present evidence that proves the other driver was at fault and demonstrates the full value of your damages.
This process can become complex, especially when the insurer disputes the value of your claim or suggests you were partially responsible for the accident.
Proving Fault and Damages
To succeed with your claim, you must establish two key things. First, you need to prove that the other driver was legally at fault for causing the accident. Evidence such as the police report, witness statements, and photos from the scene can help establish liability.
Second, you must provide comprehensive documentation of your damages. This is more than just a stack of medical bills. Your demand package to the insurer should present a clear and compelling picture of how the accident has impacted your life physically and financially.
If you have a physical injury, you can also claim damages for any related emotional distress, like anxiety or post-traumatic stress disorder.
Your Insurance Company’s Response
After you submit your claim and demand, your insurance company will assign an adjuster to review it. The adjuster may agree to pay the full amount, but more often, they will respond with a low settlement offer or request additional information.
An insurer might argue that your medical treatments were not necessary or that a pre-existing condition is the real source of your pain.
Negotiations are a standard part of the process. An attorney can handle all communications with the insurance adjuster, presenting counter-arguments and additional evidence to justify the full value of your claim.
Having professional representation signals to the insurer that you are serious about receiving a fair outcome and are prepared to take legal action if they act in bad faith.
Alternative Paths to Financial Recovery
While a UM/UIM claim is the most common solution, there are sometimes other options for compensation. The viability of these choices depends heavily on the specific facts of your case.
An attorney can investigate all potential sources of recovery to maximize your financial outcome after an accident. Exploring every option is a standard part of handling a case. It is wise to examine every possibility.
Focusing only on the most obvious path can leave you without the resources you need for a full recovery. An experienced law firm can help identify these opportunities.
Possible avenues for compensation include:
- Personal Lawsuit: You have the right to file a personal injury lawsuit directly against the uninsured or underinsured driver. However, this option may have practical limitations, as a driver without insurance often lacks the personal assets to pay a judgment.
- Other Liable Parties: The driver may not be the only responsible party. For instance, if the driver was working at the time of the accident—perhaps making a delivery near Valley Plaza Mall—their employer may be held liable for your injuries.
- Medical Payments Coverage: Your own auto insurance policy might include Medical Payments (MedPay) coverage, which helps pay for your medical bills regardless of who was at fault for the accident.
FAQ for What To Do if the Other Driver Is Uninsured or Underinsured
How Does Uninsured Motorist Coverage Work?
Uninsured Motorist (UM) coverage is a part of your own car insurance that covers your bodily injury damages if you are hit by a driver who has no insurance or who flees the scene. Instead of claiming against the at-fault party's insurer, you file the claim with your own company.
Your insurer then pays for your medical bills, lost wages, and pain and suffering up to the limits you selected for your policy.
What Is the Difference Between Uninsured and Underinsured Motorist Coverage?
Uninsured Motorist (UM) coverage applies when the at-fault driver has no liability insurance at all. Underinsured Motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover the full extent of your injuries.
With UIM, you first recover the full amount from the at-fault driver’s policy, and then your UIM coverage can pay for the remaining damages.
Can I Still Recover Damages if I Was Partially at Fault for the Accident in Bakersfield?
California follows a pure comparative negligence rule, which means you can still recover damages even if you were partially at fault for the collision. However, your total compensation will be reduced by your percentage of fault.
Will My Insurance Rates Increase if I Use My Uninsured Motorist Coverage?
In California, it is illegal for an insurance company to raise your premium for using your UM/UIM coverage for an accident that you did not cause. State law prohibits insurers from penalizing policyholders for making a claim related to the negligence of another driver.
If your insurance company attempts to increase your rates or cancel your policy, you may have grounds for a bad-faith insurance claim.
What Should I Do After an Accident With an Uninsured Driver?
Notify your own insurance company about the accident right away. Timely reporting is a requirement of your policy, and this is the first step to opening a potential Uninsured or Underinsured Motorist claim.
Next, gather and organize all the available information, including the police report number, photos taken at the scene, and the other driver's details. Start a file to keep track of all medical bills and records related to your treatment.
Finally, contact a personal injury attorney to discuss your case before providing any recorded statements to an insurance adjuster. An attorney can explain your options and help you determine the best way to proceed.
A Partner in Your Recovery
Facing an accident is difficult enough without the added complication of an uninsured driver. You do not have to handle this burden alone. The Law Offices of Mickey Fine is ready to help you pursue the compensation you need to move forward, whether negotiating with your insurer or exploring other legal avenues.
For a free consultation, call the Law Offices of Mickey Fine today at (661) 333-3333.