Accident Attorney in Stockton, CA
In California, every automobile insurance policy must include uninsured motorist coverage unless the insured waives the coverage in writing.
Uninsured coverage protects you when driving a car and you are injured by an uninsured driver or a hit and run driver. It also protects you if you are a pedestrian or bicyclist and are hit by an uninsured driver or hit and run driver.
If you are involved in an automobile accident in which the fault was an uninsured driver, you have an uninsured or underinsured motorist claim under California tort law. Uninsured or underinsured motorist claims may include property damage and bodily injury damage consisting of lost wages or income, medical expenses, and pain and suffering, or wrongful death from injuries sustained in the accident.
In California, the minimum cover is $15,000, but you can always purchase more to protect yourself. You can purchase the coverage from the same insurance company that you already have but keep in mind it only provides you coverage if you were not at fault for the accident. To qualify for uninsured motorist claim, there must be an actual physical impact with the insured motor vehicle and it must be reported to a police agency.
These types of claims are subject to a two-year statute of limitations so make sure to contact an Stockton accident attorney as soon as possible if you are involved in one of these types of accidents.
Uninsured motorist claims are resolved by out-of-court settlement or through decision by one or more private arbitrators after arbitration hearing. California law requires that there be contact between the hit and run vehicle and your vehicle. If there is no contact, the claim will be denied. If there is touching, and even if it is very slight, make sure to file a police report. After the accident, make sure to file a SR-1 form with the DMV.
Uninsured motorist claims can get very tricky and difficult to deal with. Typically, the insurance companies fight these claims as vigorously as third party claims and often legal assistance is required. Make sure to consult a professional before pursuing any of these claims to avoid any mistakes down the road.