Uninsured & Underinsured Motorist Claims:
California law requires that all drivers be covered by an automobile insurance policy. However, far too often, victims of auto accidents discover that the person that hit them was not insured or did not maintain sufficient insurance at the time of the accident to compensate them for their injuries. For this reason, it is always a good idea to carry “Uninsured/Underinsured Motorist” coverage on your own auto insurance policy. This type of coverage is often overlooked by consumers when purchasing insurance or not offered to them by their insurance agent or insurance company. The additional cost of Uninsured/Underinsured Motorist coverage is usually minimal in comparison to the effect of being involved in a serious accident where the other motorist fails to maintains a minimum insurance policy of $15,000.00, or even worse, no insurance at all. Uninsured/Underinsured Motorist coverage is usually abbreviated on your policy declaration page as “UM/UIM” coverage.
If you are involved in an accident with an uninsured or underinsured motorist,, it can still be difficult to get the compensation you are entitled to from your own insurance company. Contrary to what you may think, even your own insurance company will likely attempt to settle your first party claim for an amount that is unreasonable low. However, as a first party claim, you have additional rights afforded to you by virtue of your contract with your insurance company. When an insurance company fails to deal with you fairly and in good faith, this may give rise to an additional claim for breach of the implied covenant of good faith and fair dealing that imputed into every contract of insurance in California. A claim against your own insurance company for breaching the insurance contact is usually referred to as “Insurance Bad Faith,” and you may be entitled to punitive damages and damages for the hardships you face for any such breach. The Law Offices of Zev Weinstein can make sure that your insurance company gives you a fair shake and compensates you for your medical bills, lost wages, pain and suffering.
If you have been hit by an uninsured or underinsured motorist, and do not carry Uninsured Motorists coverage on your insurance policy, you still have a right to recover all damages that you incur. The at-fault party is responsible for any damage they cause, regardless of whether they have insurance. The Law Offices of Zev Weinstein can advise you of your rights and help get you compensation you are entitled to.