This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
California law does not require you to carry uninsured motorist (UM) or underinsured motorist (UIM) coverage—so, legally, you don't need either one. However, UM/UIM is an important and commonsense coverage to carry.
The default UMC/UIM California insurers offer is typically: $30,000 for bodily injury coverage or death per person, and. $60,000 for total bodily injury or death per accident (to all people in the other vehicle combined), and. $15,000 for property damage.
I always recommend buying Uninsured Motorist coverage up to an equal amount with your third-party liability coverage, if you can afford it. This means, if you have $100,000 in liability coverage, you should buy $100,000 in Uninsured Motorist coverage.
California law requires that insurance companies offer uninsured motorist coverage. If you are in an accident with an uninsured driver, you can file a claim under your own policy's uninsured motorist coverage if you have it. You can also sue the uninsured driver for your damages.
With UIM coverage, you are typically protecting yourself against the negligent driver who has chosen to take out only the California minimum of $15,000. UIM coverage only kicks in once you make a claim and obtain the negligent driver's $15,000 of coverage.
If a driver hits your vehicle and flees, you can file a claim against your policy's uninsured motorist coverage. However, in some states, uninsured motorist coverage for property damage (UMPD) will not cover hit-and-run incidents.
In California, the statute of limitations for filing a UM / UIM claim is generally two years from the date of the accident.
Policy limits: Uninsured motorist coverage comes with limits, just like other insurance coverages. Severe accidents might exceed these limits, leaving you with uncovered expenses. Claim disputes: There might be disputes over the extent of your coverage and the amount you can claim, leading to potential legal battles.
It may be better to file a claim with your own insurance company if you have uninsured motorist coverage. Unless the at-fault driver is stable financially or has well-off parents or guardians and can afford to cover your damages in full, you may want to avoid the unnecessary trouble of suing.