Justia Lawyer Rating
Super Lawyers
BBB Rating A+
Avvo Rating 10.0
Consumer Attorneys California
AV Preeminent

Uninsured Motorists

Underinsured-Insurance.jpgSome studies show that nearly one-quarter of all drivers in California are uninsured. To make matters worse, our San Diego car accident lawyers have found that it is these uninsured motorists that tend to cause the most car accidents and drive the most unsafe cars.

To address this major problem, California insurers are required to offer uninsured or underinsured (UM or UIM) motorist coverage to all automobile insurance applicants in order to reduce the risk to those responsible drivers who maintain a policy of insurance.  Simply stated, uninsured motorist coverage allows a person who is injured by the negligence of an uninsured driver to recover monetary compensation under their own insurance policy.

But be aware that most insurers in San Diego or elsewhere don’t like selling this type of coverage, because it exposes them to a risk they can’t control – the uninsured driver. 

When purchasing auto insurance, our attorneys believe that it is imperative that you purchase a UM/UIM policy, and that you purchase more than $15,000.00 of coverage.  Why more than $15,000.00?  Because California does not allow a person to stack policies in the case of underinsured coverage.  That is, if you were in an accident and suffered $40,000.00 of injuries, and the person who hit you maintained a liability policy of only $15,000.00, the minimum allowable under California law, you would not be allowed to use your underinsurance coverage.  Your policy of $15,000.00 would be nullified by the negligent driver’s $15,000.00, it can’t be used in addition to.  You would need more than $15,000.00 of UIM to invoke it.

Under California law, when uninsured motorist coverage is purchased, it provides coverage for not only the insured, but all members of the insured's family who live in the same household. In addition, a person does not necessarily have to be a driver or passenger to trigger benefits. If a person has uninsured motorist benefits as part of an insurance policy, they may be entitled to recover with the assistance of an attorney if they are injured as a pedestrian, motorcyclist, or cyclist.

Unfortunately, making a claim for uninsured or underinsured motorist benefits is not always as easy as it sounds. A claimant and an injury lawyer in San Diego must first prove the offending driver was uninsured, or if underinsured, establish that the entire proceeds of the offending driver's policy has been recovered before turning to the uninsured coverage. Other complexities in these policies make it frustrating for individuals making claims under the insurance policies.

Walton Law Firm has handled numerous accident and injury claims involving uninsured and underinsured motorists in the San Diego area. If you have questions about your insurance coverage, please submit your confidential question online, or call the insurance lawyers at Walton Law Firm for a free and private consultation. We can be reached toll free at 866-607-1325 or locally at (760) 571-5500.

Client Reviews
★★★★★
"Walton Law Firm was amazing. Very professional, but personal. Having a lawyer to make sure that everything is taken care of removed so much stress." - Wayne G., Encinitas
★★★★★
"After my husband was killed in a motorcycle accident, Randy was there from the moment I first called." - Suzanne S., Escondido
★★★★★
"Calling Randy was the best decision I could have made. He got me an excellent settlement that covered all my medical bills and put a sizable chunk of money in my pocket." - Erik S., San Marcos
★★★★★
"Truly as good as it gets, if not beyond great, for Randy Walton and his paralegal Sarah Earnest. He and she are both incredibly dedicated to what they do and I never felt I couldn't trust him." - Natalie T., Lake Elsinore
★★★★★
"Randy is a great lawyer and a better person. He went above and beyond the call of duty to reach a settlement in my case. He believed in my case when no one else did." - David C., San Diego