Top 5 Misconceptions About Uninsured Motorist Claims in California

Uninsured motorist claims can be confusing. Whether you're dealing with an uninsured driver or a hit-and-run, many myths about UM coverage can prevent you from getting the compensation you deserve. This article tackles the top 5 misconceptions about uninsured motorist (UM) claims in California. We'll set the record straight on common myths, including how UM coverage works, whether it impacts your insurance rates, and why hiring a lawyer could make all the difference. For help with your UM claim, contact California Attorney Group at (310) 278-6666.

Person in a white shirt holding a pen and reviewing documents on a desk.A man sitting outdoors near parked cars, looking distressed with his head resting on his hand. He has short dark hair and a beard, and he is wearing a denim jacket over a gray T-shirt. The image is set during sunset, casting a warm glow over the scene, suggesting he may be dealing with the aftermath of a car accident.
PUBLISHED ON
October 28, 2024
CATEGORY
Auto Accidents
READ TIME
5 min

You’ve just been in an accident. The other driver either speeds away or tells you they don’t have insurance. Panic sets in, and now you’re wondering—will you be left footing the bill? In California, uninsured motorist claims can be a financial lifesaver, but there’s a catch—most people don’t fully understand how they work. From thinking full coverage has you protected to assuming your insurance rates will skyrocket, the misconceptions around UM claims could cost you big. Ready to set the record straight? Let’s dive into the top 5 myths about UM claims that could make or break your compensation.

Myth #1: You Don’t Need Uninsured Motorist Coverage If You Have Full Coverage

Full coverage doesn’t mean what you think it means. The term ‘full coverage’ sounds comprehensive, but it's a trap for the uninformed. In reality, most people with ‘full coverage’ have liability insurance, collision, and comprehensive coverage—but none of these protect you when the other driver is uninsured. This is where uninsured motorist (UM) coverage swoops in to save the day.

Here’s the twist: California doesn’t require UM coverage. But that doesn’t mean you can afford to go without it. If you get hit by an uninsured driver and don't have UM coverage, your so-called "full coverage" policy won’t help you with medical bills or lost wages. UM coverage steps in when the other driver can’t—ensuring you aren’t left financially wrecked by someone else’s negligence.

In a state with nearly 16.6% of drivers uninsured (that’s one out of every six drivers on the road), UM coverage isn’t just an add-on—it’s a necessity (PolicyGenius). The safety net you didn’t know you needed until it was too late.

Myth #2: Filing a UM Claim Will Raise Your Insurance Rates

Insurance companies thrive on fear, and here’s a myth that plays right into that: the idea that filing a UM claim will spike your premiums. This fear keeps people from filing valid claims and leaving money on the table. But let’s clear this up: In California, filing a UM claim doesn’t raise your rates.

Why? Because the accident wasn’t your fault. California law (Insurance Code Section 1861.02) prohibits insurance companies from hiking up your rates if you file a UM claim for an accident caused by another party. Your premium is based on your actions, not on someone else’s lack of insurance. Insurers can’t punish you for seeking compensation for someone else’s mistakes.

Think about it: you’re hit by an uninsured driver. You didn’t cause the accident. Why should your premiums go up? They shouldn’t—and they won’t. So file your UM claim without hesitation.

Myth #3: You Can Only Use UM Coverage If the Other Driver Is Completely Uninsured

If you think UM coverage only applies when the other driver has zero insurance, you’re missing a key benefit. Uninsured motorist coverage also steps in when the other driver is underinsured. That’s right—UM policies include underinsured motorist (UIM) protection.

What does that mean? Let’s break it down. California’s minimum liability insurance is $15,000 per person for bodily injury. But if your medical bills alone are pushing $50,000, you’re out of luck with the at-fault driver’s policy. Your underinsured motorist coverage comes to the rescue, covering the shortfall so you aren’t left with out-of-pocket expenses. Your UM policy isn’t just for the uninsured; it’s for those with inadequate coverage, too.

In short, underinsured motorist coverage ensures that your full medical expenses, lost wages, and pain and suffering are covered—even when the other driver’s policy falls short.

Myth #4: You Can’t File a UM Claim If the Accident Was a Hit-and-Run

Here’s another misconception that leaves people without compensation: you can file a UM claim for a hit-and-run. Hit-and-runs are, unfortunately, all too common in California. The chaos, the fleeing driver, and the aftermath can leave victims feeling helpless. But the reality is, your UM coverage can kick in even when the other driver speeds off into the sunset.

California law treats hit-and-run drivers just like uninsured motorists. If you’ve been involved in a hit-and-run, your UM policy is there to help you recover your damages. There’s just one crucial step: you need a police report. Insurers won’t pay out a UM claim unless there’s a documented hit-and-run on record with the police.

Time matters here. Call the police as soon as possible after the accident and get everything on the record. Without that report, your UM claim could be denied. Don’t let that happen—protect yourself by following the proper steps.

Myth #5: You Don’t Need a Lawyer for a UM Claim

Think filing a UM claim is simple? Think again. While you might assume your insurer is on your side, the reality is they’re looking to pay as little as possible. And that’s where things get tricky.

The insurance company’s first offer is rarely what you deserve. They’ll try to minimize your injuries or argue that you don’t need as much compensation as you claim. Without a lawyer, you’re vulnerable to these lowball offers. An experienced attorney can help you gather medical evidence, negotiate with the insurer, and ensure your claim covers all the damages—not just the bare minimum.

For example, you might need future medical care or therapy, and a good lawyer knows how to factor that into your settlement. Insurers are experts at pushing people to settle quickly and for less. A lawyer who specializes in UM claims will fight back, making sure your compensation reflects the true cost of the accident—both now and in the future.

Protect Your Rights and Your Wallet

The bottom line? Uninsured motorist coverage is an essential part of protecting yourself on California’s roads, but the myths surrounding it could cost you if you don’t know the truth. From thinking full coverage has you set, to avoiding filing a UM claim out of fear it will raise your rates, each of these misconceptions can keep you from getting the money you’re owed. UM claims aren’t as straightforward as they seem, and that’s why having the right legal representation makes all the difference.

If you’ve been hit by an uninsured or underinsured driver—or worse, involved in a hit-and-run—don’t leave your future to chance. Call California Attorney Group at (310) 278-6666 today. We’ll make sure you know your rights, fight for your compensation, and protect your financial future.

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