You did everything right, but the driver who caused your crash had no insurance or nowhere near enough to cover your injuries. It is a frustrating and frighteningly common situation on California roads. Fortunately, uninsured and underinsured motorist coverage exists for exactly this reason. At Law Offices of Michael A. Kahn, we help injured drivers understand this often misunderstood protection and use it to recover what they are owed.
What Is UM/UIM Coverage?
Uninsured motorist (UM) coverage protects you when the at-fault driver has no insurance at all. Underinsured motorist (UIM) coverage steps in when the other driver does have insurance, but their policy limits are too low to fully cover your damages. Together, this coverage fills the gap left by irresponsible or underinsured drivers so that you are not stuck paying out of pocket for someone else’s negligence.
In California, insurance companies are required to offer UM/UIM coverage, but you can decline it in writing. Many people do not realize they carry this protection, or they mistakenly waived it to save a few dollars on their premium. It is always worth checking your policy, because this coverage can be the difference between a fair recovery and no recovery at all.
When Does UM/UIM Coverage Apply?
This coverage can come into play in more situations than people expect. Common examples include:
- The at-fault driver has no auto insurance
- The at-fault driver’s policy limits are lower than your total damages
- You were injured in a hit-and-run and the responsible driver cannot be identified
- You were struck as a pedestrian or bicyclist by an uninsured motorist
- You were a passenger in a vehicle involved in a crash with an uninsured driver
Because your own insurer is now on the other side of the claim, the process is not always as friendly as you might assume.
Your Own Insurance Company May Not Be on Your Side
Many people expect their insurer to treat them fairly since they have paid their premiums faithfully for years. Unfortunately, a UM/UIM claim puts your insurance company in the position of paying you directly, which means their financial interest is in paying as little as possible. Adjusters may dispute the severity of your injuries, question your medical treatment, or delay your claim in hopes that you will accept a low offer.
This is where having an attorney makes a real difference. When you work with Law Offices of Michael A. Kahn, we handle these negotiations for you and push back against tactics designed to shortchange you.
Compensation Available Through a UM/UIM Claim
A UM/UIM claim can help you recover many of the same damages available in any personal injury case, including:
- Medical expenses, current and future
- Lost wages and diminished earning capacity
- Pain and suffering
- Rehabilitation and long-term care costs
The amount you can recover generally depends on the limits of the UM/UIM coverage you purchased.
How an Attorney Can Help
Filing a claim against your own insurer involves strict deadlines, detailed documentation, and coverage rules that can be difficult to navigate alone. An experienced attorney can review your policy, calculate the full value of your losses, and advocate aggressively on your behalf so you are not left covering the costs of someone else’s mistake.
If you were injured by an uninsured or underinsured driver anywhere in California, do not assume you are out of options. Call Law Offices of Michael A. Kahn today at (310) 209-1600 for a free consultation, and let us help you understand the coverage that may already be protecting you.
