California Uninsured Motorist Claims - Check your policy, you may be covered for damages even if the negligent driver does not have automobile liability insurance
Uninsured Motorist Claims
Despite California law that all persons who drive an automobile must have the ability to respond to damages by either having automobile liability insurance or meet the self insured requirements, it has been estimated that 33.33% of drivers on the road are uninsured. Driving without insurance is a misdemeanor, but it still occurs.
If you are in a motor vehicle accident, in addition to exchanging the required information, make sure you contact your own insurance company. Avoid the temptation in minor accidents not to report the accident to your insurance company. People in accidents will say one thing at the scene of the accident and then later take a diametrically opposed position. Failure to give your insurance company timely notice could impact coverage.
Ask your insurance company or your personal injury attorney, to check on the validity of the other party's insurance. It is common for a person to have an insurance card that reflects that the person has insurance, but actually the insurance coverage lapsed because of non-payment. If the person does not have insurance, you could still have a remedy to recover for your injuries if you have uninsured motorist coverage.
The Insurance Code Section 11580 governs uninsured motorist claims. You are required to give timely notice to your insurance company after you have actual or constructive notice that the defendant, that is the negligent party, is uninsured. You have two years to bring a claim against your own insurance company to recover under the uninsured motorist coverage provision of your policy. As soon as practicable after an accident, you should consult a personal injury attorney to help you determine insurance coverage. Contact Bruce Abel, Los Angeles personal injury attorney.
