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Important Factors to Consider When Seeking to File an Uninsured Motorist Claim

California law requires all vehicles driven in the state carry a minimum amount of insurance or “financial responsibility.” Despite this requirement, there is always the possibility of being involved in an auto accident with an uninsured or underinsured motorist.

If you or someone you know has recently been involved in an auto accident with an uninsured motorist, consider seeking the legal advice of a proficient attorney. 

Filing Uninsured Motorist Claims

When you have been struck by an uninsured motorist, you have the option of using coverage under your own auto insurance policy. This will only be applicable, however, if you carry uninsured motorist coverage.  It is worth noting that, unless you have specifically waived it, all policies of insurance issue in California carry this coverage. 

Understanding Uninsured Motorist Coverages

Uninsured motorist coverage only applies when the other driver involved in the collision does not have any auto insurance. This type of coverage steps in and acts as though the other driver had coverage (in the amount you have chosen to carry).  Like any coverage, uninsured motorist coverage will generally cover the following:

  • A loss of income or future earning capacity,
  • Physical injury and pain,
  • Physical disfigurement,
  • Emotional distress and suffering,
  • The loss a quality of life,
  • Medical expenses, and/or
  • Medical care and post-accident therapy.

The Bottom Line: Obtain the Legal Support of a Trusted Attorney

If you have paid the premiums for having uninsured motorist coverage, then you should be able to file a claim that can help you cover the costs associated with the accident and injuries, provided the proper circumstances exist.

If you have been involved in an auto accident where the other party did not carry auto insurance, you may consider filing an uninsured motorist claim. If you are unsure if you can be covered or if you do not have the coverage under your current insurance policy, consider seeking the legal expertise of a skilled attorney.

The attorneys at Heiting & Irwin are highly experienced in the field of uninsured motorist cases. Seek the legal advice of a knowledgeable and experienced attorney who can guide you through the process of filing a claim.

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Mr. Serrano has been admitted to practice before California State and Federal Courts. He was named to the Super Lawyers’ 2012, 2013, 2014, 2015, and 2016 Southern California Rising Stars List, an honor awarded to no more than 2.5% of attorneys in Southern California each year. View Attorney Jean-Simon Serrano's Attorney Bio Here.

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