Millions of drivers use California’s vast network of roads, streets, toll roads, highways and freeways to travel to work, go shopping or eat, or visit their loved ones.  Most California Drivers take on the responsibility to purchase vehicle accident insurance, however millions more Californians driver daily with no insurance coverage for their vehicles. According to recent estimates there may be millions of uninsured drivers statewide; with the faltering economy and the rising price of auto insurance in California experts expects that number to only grow.  Most believe there is no chance for recovery of you damages if  you have been involved in an accident with an uninsured motorist.  NOT TRUE. Based on California State law most insurance policies include coverage for accidents involving uninsured drivers.   If you have been injured in a car accident with an uninsured California motorist we can help.  Contact our uninsured motorist lawyers at Downtown LA Law Group to and schedule a free consultation.  (855) DT-LA-LAW

§ What is Uninsured Motorist Coverage?

In California, uninsured motorist coverage is governed by the Uninsured Motorist Act, under California Insurance Code section 11580.2.  Uninsured motorist coverage basically requires a driver’s insurance company to compensate its insured for damages incurred by a driver who is either uninsured or does not have adequate coverage to cover all of your damages.  When another driver does have insurance, but not enough to cover your damages, your insurance may compensate you under what is called underinsured motorist policy. The Uninsured Motorist Act also requires insurance companies to include uninsured motorist coverage in every automobile liability insurance policy unless it is specifically declined by the insured in writing.

Who’s Covered in My Uninsured Motorist Coverage

Uninsured motorist coverage provides coverage to the driver of the vehicle, passengers, and any family member of the named insured who reside in the policy owner’s household.  Therefore, a spouse or a child who lives with you can also file a claim under your uninsured motorist if they were struck by a hit and run driver.  Furthermore, minor children (under the age of 18) who do not live with the named insured would also be covered under the UIM policy. Also, it is not essential that you were in your car to receive benefits from your UIM policy after being struck by a hit and run driver.  Uninsured motorist applies in situations such as:

• Accidentes de peatones
• Bicycle collisions
• Accidentes de moto
• Passenger in the vehicle
• Other people driving your car with your permission

Accident with uninsured motorist: Your own Insurance Policy may help

In most instances if you have uninsured motorist coverage as part of your motor vehicle insurance then you may be able to have a claim against your insurance company for compensation of your injuries and other damages. Many other motorists have under insured motorist coverage or (UIM); meaning having only the minimum legal and financial obligation as required by state law.  This form of coverage under your insurance pays the difference between the policy maximum limit of the under insured defendant and the damages you incurred.  Under such circumstances your uninsured motorist coverage and underinsured motorist coverage can compensate you for the damages you have sustained.

Uninsured coverage from your insurance policy pays for such damages as follows:

• Gastos médicos
• Salarios perdidos y pérdida de ingresos futuros
• Dolor y sufrimiento
• Invalidez permanente y desfiguración

However certain limitation may prevent compensation of a claim.   For instance one has to be able to ID the individual involved in the collision. If the accident involves a hit-and-run accident, you may be out of luck. If you have been involved in an accident with an uninsured motorist contact our uninsured motorist lawyer in Los Angles to schedule a free consultation regarding your damages.  We will make sure you receive the highest possible compensation available for your loss.  (855) DTLALAW

When Insurance Does not pay for Uninsured / Underinsured Coverage:  Lawsuit & Punitive Damages for Breach of Contract Bad Faith against Insurance Company

If your insurance provided wrongfully denies a accidente de tráfico claim, low balls a claim or delays the payment of compensation; you may be able to bring a lawsuit for punitive damages.  Under our legal system insurance companies owe those covered as well third party claimants an “pacto implícito de buena fe y lealtad negocial”.  California Insurance Código Sección 790.03 places standards which insurance companies must follow when dealing with insurance claims; failure to comply with these standards will subject insurance companied to Tort Claim and thus Punitive damages

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Individuals can file lawsuits against insurance providers under both contract claim and a tort claim.  Under a contract claim plaintiff will receive only those damages suffered; while under the tort claim most U.S. jurisdictions allow for the issuance of Punitive Damages.  Punitive damages are given because Insurance companies are required to pay claims properly and promptly in “Good Faith”. If you have been involved in an auto accident and your insurance provider refuses to pay out your rightful claim our Los Angele Bad Faith Insurance lawyers will represent you in the court of law and make sure insurance companies are held responsible for the duties they own to insured auto drivers.

Uninsured Motorist Laws in California

California Minimum liability insurance requirements for private passenger vehicles are as follows:

• $15,000 for injury/death to one person.
• $30,000 for injury/death to more than one person.
• $5,000 for damage to property.

Our motorist insurance lawyers can assist you in filing you personal injury claim against your uninsured motorist policy for various categories of traffic collisions including:

• Car Accidents and general motor vehicle accidents
• Truck Accidents:  Including 18-wheeler collisions
• Accidentes de moto
• Accidentes de peatones
• Bus and Train Accidents
• Wrongful Death  Law Suites

Statistics California Uninsured Drivers:

Mora than 14% of all drivers in the United States operate their motor vehicles on our roadways with no kind of insurance coverage.   In the State of California that number is even higher; some recent estimates of uninsured motorist of Los Angles roads place the number at more than 20% of all drivers. With such high numbers it is always advised to purchase the maximum coverage available including uninsured and underinsured motorist coverage.

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Young Drivers and lack of insurance:  Based on almost all statistic data young drivers are the age group most prone to fatal and catastrophic accident in Los Angeles and California.  Also younger motorists have a higher rate of arrests for hit-and-run accidents.  What makes things worse for California’s insured drivers is that younger drivers are much more likely to be uninsured or underinsured.

Contact An Uninsured motorist accident lawyer in Los Angeles California

At Downtown LA LAW Group our aggressive auto accident lawyers will keep on the offensive so that you are fully compensated for your injuries.  We will take care of every legal detail and we will go to trial and take on liable drivers and their insurance carriers’ so that your rights are protected. We will look for compensation from other unorthodox sources including 3^rd party liability, product defect and manufacturing defect liability, and possible compensation under homeowner’s insurance policies. In the meantime, concentrate on the most important part of this process – tu recuperación; and Contact a California Uninsured motorist lawyer at (855) 339-8879 to schedule a free consultation.