West Covina Uninsured Motorist Accident Attorney

No Insurance. Now What?

Your own policy may provide coverage after an uninsured crash.

A car accident can become more complicated when the driver who caused it has no insurance or does not carry enough coverage to pay for the injuries and losses involved. In those situations, your own automobile insurance policy may become an important source of recovery.

The Law Firm of Oscar A. Ischiu represents injured drivers and passengers in West Covina, throughout the San Gabriel Valley, and across Los Angeles County. We help clients understand whether uninsured motorist or underinsured motorist coverage applies, document their losses, and deal with the insurance company handling the claim.

If you were injured by an uninsured or underinsured driver, reviewing the available insurance coverage early can help clarify what options may be available.

How Uninsured Motorist Coverage Works in California

California requires drivers to maintain financial responsibility. For standard automobile liability policies, the current minimum liability limits are $30,000 for injury or death to one person, $60,000 for injury or death to more than one person in a single collision, and $15,000 for property damage.

Even with these requirements, some drivers operate vehicles without valid liability insurance. Others carry only the minimum coverage, which may not be enough when a collision causes serious injuries.

Uninsured motorist coverage, commonly called UM coverage, can provide protection when an at-fault driver has no liability insurance. California automobile insurers are required to offer uninsured motorist coverage when issuing liability coverage. A policyholder who chooses not to purchase it must sign a waiver rejecting the coverage.

Whether UM coverage is available and how much coverage applies depends on the specific policy. The policy declarations page is often a useful starting point for determining the applicable limits.

Underinsured Motorist Coverage

Underinsured motorist coverage, or UIM coverage, may apply when the responsible driver has insurance but does not carry enough liability coverage to fully address an injured person’s damages.

For example, a serious collision may result in medical expenses, lost income, and other losses that exceed the at-fault driver’s available insurance limits. Depending on the injured person’s policy and the circumstances of the claim, UIM coverage may provide an additional source of recovery.

UM and UIM claims can involve multiple policies, coverage limits, documentation requirements, and questions about how different insurance benefits interact. Reviewing these issues before resolving the underlying liability claim can be important.

Making a Claim With Your Own Insurance Company

A UM or UIM claim is generally made through your own automobile insurance company. That does not mean the claim is automatic or that the insurer will simply pay the amount requested.

The insurance company may investigate how the collision occurred, evaluate fault, review medical records and bills, examine lost-income documentation, and dispute the nature or value of claimed damages.

Useful evidence can include:

• Police or collision reports
• Photographs and video from the scene
• Witness information
• Medical records and bills
• Employment and lost-income documentation
• Insurance policy documents and declarations pages
• Communications with the insurance companies involved

Because UM and UIM claims arise under your own policy, the specific terms of that policy can have a significant effect on how the claim proceeds.

What About Hit-and-Run Accidents?

Uninsured motorist coverage may also become relevant after certain hit-and-run collisions when the responsible driver cannot be identified or located.

Hit-and-run claims can involve additional policy requirements and factual questions, so it is important to preserve evidence and report the collision promptly. Photographs, witness information, surveillance footage, dashcam footage, and a police report may help establish what occurred.

If you were injured in a hit-and-run accident, reviewing your insurance policy can help determine which coverages may apply.

What if You Do Not Have Uninsured Motorist Coverage?

If the at-fault driver has no insurance and you do not have applicable UM coverage, the available options may be more limited. In some cases, another insurance policy may apply depending on the vehicle, driver, employment relationship, household coverage, or other circumstances surrounding the collision.

It may also be legally possible to pursue the responsible driver personally. Whether doing so is practical depends on factors such as available assets, income, insurance from another source, and the amount of the claim.

Before assuming there is no available recovery, it can be worthwhile to examine all potentially applicable insurance policies and responsible parties.

Help With an Uninsured Motorist Claim in West Covina and the San Gabriel Valley

Uninsured and underinsured motorist claims can be difficult because the injured person may have to establish fault, prove the extent of the damages, and pursue benefits under the terms of their own insurance policy.

The Law Firm of Oscar A. Ischiu represents personal injury clients in West Covina, throughout the San Gabriel Valley, and across Los Angeles County. We can review the circumstances of the collision, identify potentially applicable insurance coverage, and explain the options available under California law.

If you were injured by an uninsured driver, an underinsured driver, or in a hit-and-run collision, contact the firm to discuss your situation. Services are available in English and Spanish, and personal injury matters are handled on a contingency-fee basis.