Underinsured Motorists and Car Accidents

We are all aware that insurance premiums are expensive. Given that the majority of us are safe drivers, having car insurance may seem unnecessary. That is, until you get into an accident.

Although you may think you have sufficient coverage, that may not be the case if the other driver is underinsured. So, who covers your injuries if you are in an accident with an underinsured motorist?

At Bamieh & De Smeth, we have been helping car accident victims recover compensation for medical bills, vehicle damage, and other losses for over 20 years. Below, we provide an overview of auto insurance requirements and underinsured motorist coverage in the Golden State.

California Law on Liability Coverage

California requires an at-fault driver to cover another driver’s bodily injury and property damage claims.

The state of California requires that drivers have the following liability coverage:

• $15,000 for bodily injury or death of one person
• $30,000 for bodily injury or death of two or more people
• $5,000 for property damage

These are the minimum insurance requirements for driving in the state. This is sometimes referred to as 15/30/5 coverage. Unfortunately, it is often not enough to cover damages in a severe accident. Motorists who are driving with less than these minimum insurance liability limits are underinsured.

Uninsured Motorist Coverage (UMC)/Underinsured Motorist Coverage (UIM)

According to the latest data, roughly 16.6% of California drivers are uninsured. If you suffer injuries and the other driver is uninsured or underinsured, you may be forced to file medical claims through your health insurance carrier. While an option, if you purchase UMC/UIM, you will avoid having to reach a deductible, like you would with health insurance.

UMC/UIM coverage is automatically offered by your insurance company. If you choose not to purchase it, you must sign a waiver stating that you have turned down the coverage.

An added bonus: if you purchase UMC/UIM coverage, you will be able to file claims with your own auto insurer. However, this insurance can only be used in an accident that is not your fault.

UMC/UIM offers the following coverage:

• Uninsured motorist bodily injury (UMBI): Pays for your injuries and any of your passengers who sustained injuries.
• Underinsured motorist (UIM): This covers limited costs for bodily injury claims if you are in an accident with a motorist who does not have sufficient coverage
• Uninsured motorist property damage (UMPD): This covers damage to your vehicle when you are in an accident with an uninsured driver who is at fault. This coverage will not apply to any accidents where the at-fault driver is not identified (i.e., hit-and-run).

Under California law, if you are purchasing UMC/UIM, you must purchase at least $15,000 in bodily injury coverage and $30,000 in total bodily injury coverage. Additionally, there is a $3,500 limit for property damage coverage.

Injured in a Crash? Contact our California Car Accident Lawyers

Not all motorists drive responsibly. As a California driver, you cannot rely on an at-fault motorist to cover your medical expenses and other accident costs. If you have recently been in a car accident, our California car accident lawyers can help you recover damages. Contact us today online or by calling 805-643-5555 to schedule your free consultation.