As an Attorney who has specialized in Personal Injury Law for the past 27 years in Los Angeles I’ve interviewed thousands of people who have been injured in motor vehicle accidents. It never ceases to amaze me just how many of these people either do not carry any uninsured/underinsured motorist coverage, or simply don’t carry enough.Let’s first start with the distinction between uninsured and underinsured motorist coverage. Uninsured motorist coverage is insurance that you purchase as part of your automobile liability policy that covers the occupants of your vehicle in the event that the negligent party who caused the accident did not carry any coverage. In practical terms, your uninsured motorist carrier steps into the shoes of the uninsured person who caused the accident, and becomes his/her coverage for the purposes of the claim.A common concern that I hear from clients when discussing their pursuit of an uninsured motorist claim is “I don’t want to make a claim against my insurance company. They will raise my premiums!” This is absolutely 100% false. The “UM” Claim is only viable if the uninsured party is found to be “at fault”, which means that any payment to the insured by their UM Carrier is an admission that the insured was NOT at fault, and therefore not at risk for having their premiums raised. A sigh of relief almost always follows this explanation.Underinsured Motorist Coverage is that coverage which “kicks in” after the negligent party’s insurance carrier has tendered it’s policy limits which are inadequate to compensate the insured for his/her injuries. The UM Limits though must exceed those of the defendants policy limits in order for coverage to apply. Here is an example of how this works:Bob is insured with State Farm and has UM limits of $100,000.00. He is rear ended in a terrible accident with Joe who is insured with AAA. Joe’s liability limits are only $15,000.00. Bob’s medical bills alone are $20,000.00. He also has thousands of dollars in lost earnings. In this case it is likely that AAA will offer to pay Joe’s policy limits of $15,000.00 to settle the case on Joe’s behalf. If Bob accepts that offer he can then make a claim for Underinsured Motorist Benefits with State Farm for up to $85,000.00 ($100,000.00 minus $15,000.00 received from State Farm).Based on the above-referenced example you can see how important it is to have sufficient UM Coverage. One day in the hospital can start at $10,000.00. I always tell my clients to purchase as much UM Coverage as they can afford because this coverage is essential. I am amazed by how many insurance policies I see where there is either no UM Coverage or coverage that is substantially less than the liability coverage. I always say the same thing to these people: “Do you realize that you are insuring people you don’t know and don’t care about for significantly more (sometimes as much as $100,000.00 more) than you and your loved ones who are traveling in your car. I always get the same response: “I’m going to call my agent as soon as I leave your office and increase my coverage”.UM Coverage also protects you and your family members when you or they are not even in your car, because it applies whenever these individuals are involved in any “Motor Vehicle Accident”. This includes situations where you may be a passenger in someone else’s car and there is not enough insurance to cover your injuries. It will insure you, or any family member, if you or they were hit by a car as a pedestrian, or riding a bike, or sitting in an outdoor cafe and a drunk driver crashes into your table. It acts like a safety net for you and your family in ways you probably never imagined. If your injury was the result of a motor vehicle accident, then your UM Coverage will be available if needed.California Law requires that your Insurance Company offer you UM Coverage with limits equal to the limits of liability for bodily injury in the underlying policy. See California Insurance Code 11580.2 (a). It is not mandatory that you purchase it, but if you don’t, the Insurance Company is required to have you sign a declaration declining such coverage. If they fail to do that, and you are involved in an accident with an uninsured driver, your Insurance Company will be required to provide you with up to $30, 000.00 per person and $60,000.00 per accident, depending on the liability coverage set forth in your policy. See Enter. Ins. Co. vs Mulleague (1987) 196 Cal App. 3d 528, 241 Cal. Rptr. 846.Another reason UM Coverage is so essential is the fact that accidents involving uninsured drivers are usually more serious. It is more likely that an uninsured driver will be driving without a license, driving while drunk, driving at a high rate of speed, etc… If you are involved in one of those collisions, and do not have adequate UM Coverage, you may be out of pocket huge sums of money in medical expenses and lost earnings.It is my hope that everyone reading this article review their insurance policy immediately and increase their UM Coverage by as much as they can afford. You will be surprised at how little the cost of the increase will be and it will supply you with a peace of mind that you and your family deserve.
Posts Tagged ‘Motorist’
Uninsured Motorist Coverage: What Is It And Why You Must Have It
Friday, February 12th, 2010Underinsured/uninsured Motorist Coverage for Motorcycle Drivers
Sunday, February 7th, 2010Some views regarding the uninsured or underinsured motorist coverage of Austin auto insurance
Sunday, June 24th, 2007All person who have Austin auto insurance should include the liability coverage for it will protect you from spending your own money in paying for the medical bills and car repair when something went wrong in the future. This is the most expensive in your car insurance because you have to spend $25,000 for the injury of every person involved in the accident which has a sum of $50, 000 in every accident and $25, 000 for the cost of the damaged property including car repair. You might be paying more for this coverage but this will help you a lot to avoid having further problems in the future. In Austin Texas, people who are driving their car are obliged to have the minimum requirement in their policy but sad to say not all are concern and they do not even care if they do not have enough auto insurance while they are driving their car. This is the time when you need the uninsured/underinsured coverage in your policy. Uninsured driver still drives his car even if his car is not insured and so the tendency is to do hit and run and on the other hand underinsured driver does not have adequate Austin auto insurance that will pay for the hospitalization and the car repair of the other driver. Thus, if you have been involved in an accident where uninsured or underinsured driver is at fault, you have no choice but to spend on your own regarding your hospital bills as well as your car repair. You will not have problems in these cases if you have uninsured/underinsured motorist coverage in your policy which is only optional but still being offered by your choice insurance company. If you do not want to add your existing coverage then it will be recognized in a form of writing. Buying this coverage is not just a waste of money because it will serve as your protection for your family if ever you have been involved in an accident. If you are not so sure about buying the said coverage, you may talk to your agent for some clarification. You should get the point that your Austin auto insurance will only pay for the damages you might cause to the other people but not on your own injuries and damages if the driver that hit your car is uninsured or underinsured. The personal assets of the uninsured driver who is liable on the accident is not that precious to cover your expenses and so you have to make use of your own money.Therefore, if you want to avoid having problems regarding money in such incidents, you should include uninsured/underinsured motorist coverage on your Austin auto insurance. This way, you will not have to worry about your own expenses when worst thing happens.


