Even though California law requires that all motorists carry automobile liability insurance, the sad truth is that California has one of the highest rates of uninsured or underinsured motorist on our highways. Estimates are that as many as 25% of California motorists are uninsured!
However, if you are injured by an uninsured or underinsured motorist and if your own automobile insurance policy includes uninsured motorist coverage, you may still be able to recover your losses and damages.
You do not need to be the driver or passenger of an automobile at the time of the accident to have an uninsured or underinsured motorist claim. If you are injured by an uninsured or underinsured motorist while you are a pedestrian, riding a bicycle, a motorcycle, or a skateboard, or even while sitting on a park bench, uninsured motorist coverage may still apply to you. If you are injured by a hit and run driver, uninsured motorist coverage may apply to you if you meet certain legal requirements.
There are a number of significant differences between handling uninsured and underinsured motorist claims and other types of personal injury cases such as:
- The types and amounts of damages that can be recovered;
- The forum where your case will be tried if it cannot be settled;
- The evidence that is admissible; and,
- Time limits.
The manner in which uninsured motorist cases are resolved is governed by California Insurance Code Section 11580.2.