Orange County Uninsured Motorist Accident Attorneys

The purpose of uninsured motorist coverage is to help pay for your medical bills and pain and suffering when you’ve been injured in an accident with a driver who doesn’t have car insurance.

It isn’t mandatory to purchase uninsured motorist coverage in Orange County, California, so not everybody will have it. But, insurance companies are required to explain to customers the benefits of purchasing uninsured motorist coverage and make them sign a waiver if they choose not to purchase it.

So long as you purchase uninsured motorist coverage, you’ll be able to make a claim with your own insurance company to seek compensation for your injuries. But if you don’t purchase uninsured motorist coverage and you’re involved in an accident with a driver who doesn’t have car insurance, then your only recourse is to sue that person directly. And if you were the victim of a hit and run, you won’t have any recourse at all.

The cost of uninsured motorist bodily injury coverage is relatively low compared to most other coverages, so I recommend your purchase it.

When Should I Make an Uninsured Motorist Claim?

You should make an uninsured motorist claim if you were injured in an accident with a driver who doesn’t have car insurance.

The other driver might have failed to purchase any auto insurance whatsoever, which is a violation of California Vehicle Code Section 16028. That’s the obvious situation. But sometimes the other driver thinks they have valid car insurance only to come to find out later that coverage is being denied. Coverage might be denied because they missed a payment, or because they’re listed as an “excluded driver” under the policy that covers the vehicle. Whatever the case may be, you should open up an uninsured motorist claim through your own insurance company if you find yourself in this situation.

You should make an uninsured motorist claim if you’ve been involved in a hit and run accident.

Your uninsured motorist coverage will cover you if you get hit by another vehicle who flees the scene of an accident without leaving any identifying information. This is true whether you were driving at the time, or bicycling, or walking. The only possible way you’re going to be compensated for your injuries in this situation is if you open up an uninsured motorist claim through your own insurance company.

If you know who the other driver is and they’re uninsured, we recommend making an uninsured motorist claim over suing them directly for two reasons. For one thing, there is no point in paying premiums month after month for uninsured motorist coverage if you’re never going to use it. Another thing is that most people who are uninsured also don’t have the money to compensate you for your injuries. If they did, they would probably have insurance in the first place. You can sue and get a huge judgment against them, sure. But if you can’t collect then you’ve got a worthless piece of paper. Insurance companies have the deep pockets necessary to compensate you for your injuries.

What Happens If I Don’t Have Uninsured Motorist Coverage?

If you find yourself in an accident with an uninsured driver and you failed to purchase uninsured motorist coverage, then your only recourse is to file suit against the driver that hit you. In the state of California, you can sue in small claims court up to $10,000. Just know, though, that a lot of people won’t have the necessary funds to compensate you for your injuries, so collecting may be a challenge.

How Do Uninsured Motorist Claims Work in Orange County?

The first thing you should do after any accident is to report it to the police right away. The second thing you should do is notify your insurance company of the accident immediately after it happens. Coverage could be denied if you don’t do both of these things.

If you were injured by a hit and run driver, your insurance policy mandates that you report the hit and run accident to law enforcement within 24 hours. If you fail to do this, your insurance company may do one of two things: they may deny you coverage or they may send your claim to their Special Investigations Unit because they suspect fraud.

If you were involved in an accident with an identifiable driver who was uninsured at the time of the accident, then you need to prove to your insurance company they were actually uninsured before they’ll open up an uninsured motorist claim for you. they have no insurance before your own uninsured motorist coverage will apply. You do this by requesting verification of no insurance from the DMV using an SR-19C form. You should receive an Uninsured Motorist Certificate from the DMV within sixty (60) days and you’ll present that to your insurance company as proof.