Uninsured/Underinsured Motorist Accidents in San Diego

Even though California has strict car insurance requirements, an estimated 17 percent of drivers in the state are uninsured.

California follows a fault-based system for car insurance, which means the at-fault party’s insurance company pays for crash-related damages. What happens when you get into an accident with an uninsured motorist in San Diego?

This is where the uninsured and/or underinsured motorist coverage you added to your car insurance policy will come into play.

What is Uninsured Motorist Coverage?

In California, car insurance companies are legally required to offer coverage to help you cope with the consequences of accidents involving uninsured and/or underinsured drivers.

Uninsured motorist coverage (UMC) includes two types of benefits:

• Uninsured motorist bodily injury (UMBI): covers medical bills, lost wages, pain and suffering, and other damages related to your physical injuries in amounts up to your liability coverage limits
• Uninsured motorist property damage (UMPD): covers up to $3,500 in property damage after an accident with a driver without insurance

UMC can be used when you are involved in an accident with an uninsured driver or following a hit and run accident. These benefits essentially take the place of the benefits that the at-fault driver should have had, but didn’t.

Underinsured motorist coverage (UIM) helps when your crash-related damages exceed the at-fault driver’s insurance policy limits. Let’s say you’re injured in a San Diego car accident and between medical bills and a loss of income, your costs are about $80,000. However, the at-fault driver only has $30,000 in bodily injury coverage, the state’s minimum requirement. Once you’ve exhausted the driver’s benefits, you’re left with $50,000 in additional damages. If you added UIM to your policy, those benefits can be paid to help offset your additional costs.

How Do I Recover Uninsured or Underinsured Motorist Benefits After a Car Accident in San Diego?

Instead of filing a claim with the at-fault party’s insurance company, you’ll file a claim with your insurance carrier.

Even though it’s your insurance company, it’s still a profit-driven corporation. Expect resistance when you attempt to recover benefits.

The best thing you can do is hire an experienced San Diego motor vehicle accident lawyer to help you navigate the claims process. When you’re represented by an attorney, the insurance company will be forced to engage in more meaningful negotiations and offer you a more substantial settlement offer.

What if My Damages Exceed My UIM or UMC Policy Limits?

Just because a driver chooses not to buy insurance or allows their policy to lapse doesn’t mean that they’re off the hook when they cause an accident. Rather, they’ll be personally liable for resulting damages. As a victim, you’ll have the right to file a personal injury lawsuit directly against the uninsured driver for the costs and suffering you’ve experienced because of the collision.

Don’t get stressed out about what to do or how to get compensation after a crash with an uninsured driver in San Diego. Call Singleton Schreiber and discover how our local lawyers and national resources can help you make the most of this difficult situation.

We offer a free consultation, so contact our San Diego law office to get started today.