If you are hurt in an auto accident and the other driver has no insurance or not enough insurance, you can make a claim for all of your damages against your own insurance, provided you carry uninsured or under insured motorist coverage (UIM).
Because an estimated 3.4 million California drivers are uninsured, UIM coverage is some of the most important insurance anyone can carry, and it is relatively cheap to carry a sizeable UIM policy (such as $100,000 or more).
If you carry liability insurance, the law requires your insurance carrier to provide UIM coverage as well (unless you opt out in writing). You may be covered under the UIM policy of someone else residing in your household even if you do not carry auto insurance.
UIM cases differ from most personal injury cases in that there is no jury trial – if it cannot be settled, the claim is resolved through a binding arbitration before a neutral arbitrator. Recoverable damages include medical bills, wage loss, and pain and suffering.
Although your insurance carrier is required to handle your UIM claim in good faith (i.e., evaluate your claim fairly), insurance carriers often will not offer fair settlement value until we have fought them in litigation. UIM cases typically require several different types of experts in areas such as accident reconstruction, medicine, vocational rehabilitation, and economics.
We have extensive experience in this area and know which experts to retain on your behalf to prepare the case for maximum settlement or a successful arbitration.
Please call us at (415) 498-2101 or write to us using the form to the right if you would like to schedule a free, no obligation consultation with one of our attorneys.