What Is Uninsured Motorist Insurance Coverage?
Uninsured motorist insurance coverage is generally available to anybody who legally operates a motor vehicle and has his or her own insurance policy. You must request to purchase uninsured motorist insurance in California. Uninsured motorist insurance is very inexpensive and generally makes for a smart purchase.
Uninsured motorist coverage can be very useful in many injury settings. If you suffer an injury by an uninsured or underinsured motorist, you will be covered by uninsured motorist insurance for your injuries and incidental expenses.
What Is Underinsured Motorist Coverage?
If you were rear-ended by a motorist with a minimum policy of $ 15,000.00 and suffered serious injury and expenses that exceeded $ 15,000.00, you may be able to pursue a claim against your underinsured motorist coverage.
In the above example without underinsured motorist coverage, you would only be entitled to $ 15,000.00 in coverage by the party that struck you in a car accident. However, if you had a underinsured motorist coverage to your policy, you may be entitled to collect the remaining balance of your underinsured motorist coverage against your own policy.
Physical Contact Between the Two Vehicles
In order to have your uninsured motorist insurance begin its coverage, there must be physical contact between two objects. Physical contact occurs when the insured or the insured’s car is struck by an object or vehicle part from an unknown vehicle, notwithstanding that the two vehicles never touch. Clearly contact also occurs when you are struck directly by a vehicle as well.
The courts have determined physical contact occurred, for purposes of UM coverage, when a rock fell from an unknown vehicle and struck the victim’s car. However, courts have also found that no uninsured motorist coverage is permissible where injuries resulted from a collision between the insured’s car and a box of chairs already lying in road.
Who is Covered Under a Uninsured or Underinsured Motorist Claim
If you were a passenger in a vehicle where the driver had UM insurance, you may still be covered.
Even as a pedestrian or bicyclist, you may still be covered if you or a relative you live with has UM coverage.
Settlement for Uninsured or Underinsured Motorist Claim Coverage
In order to settle a uninsured or underinsured motorist claim, the injured insured party must still prove liability against the uninsured or underinsured motorist. If there is no possibility of a case against the party who struck you, there is no case for your UM policy.
The best example of such a thing would be where an individual who carries uninsured or underinsured motorist insurance strikes an individual who has no insurance from the rear because he was following too closely. This is an accident where the uninsured or underinsured motorist insured driver is at fault and as such his or her policy does not have to pay out.
In order to receive compensation for your injuries sustained as a result of an accident, you must be able to prove the accident was caused by another party. In order to help determine who may have been at fault, please call an experienced San Francisco uninsured or underinsured motorist attorney at Allegiance Law and schedule a free consultation. In your consultation we will address with you what goes into pursuing an uninsured or underinsured motorist attorney claim, including explaining the process of bringing a uninsured or underinsured motorist attorney lawsuit or claim for arbitration.
We are available to meet with you during business hours, evenings and weekends. Our offices are located in San Francisco, but we will be happy to drive and meet you. There is no fee for this consultation. Please contact our car accident attorneys at (415) 404-6395, or submit an inquiry via our web form.