Uninsured / Underinsured Motorist Claim

As much as we all tend to complain about having to pay for it, auto insurance exists for a very important reason – to keep us safe and financially protected in the event of an automobile accident.

Auto accidents are a tragically common fact of life, and auto insurance is meant to help pay for expenses that may arise as a result, like medical care. Drivers in California are required, under California Code, Vehicle Code – VEH § 16056, to carry liability insurance which meets a minimum of $15,000 for injury or death to one person while operating a vehicle, and this insurance has been a tragic necessity in modern times.



in auto insurance losses were incurred in 2018

But what do you do if you are in an auto accident and the other driver doesn’t have insurance, or has the absolute baseline insurance and you’re unable to file a claim against them?

What happens if I am in an accident with an uninsured motorist?

Uninsured or underinsured motorists can take a number of forms. While the most common form is a driver operating a vehicle without any insurance policy to their name or covering the vehicle, the term can also apply to circumstances such as:

  • Vehicles where coverage is denied, such as excluded drivers or vehicles that have been reported stolen
  • Hit and run accidents where the driver cannot be identified
  • Vehicles whose insurance company goes out of business during a pending claim

These circumstances can be deeply frustrating for drivers trying to seek restitution and compensation for the damages suffered during an accident, including auto accident injuries and other personal injuries. Many victims of an auto accident think that their only recourse is to file insurance claims, but if the other driver is uninsured or underinsured, can there be another way?

Common injuries from uninsured motorist accidents

What can I do if I am in an accident with an uninsured or underinsured motorist?

Most auto insurance policies in California include uninsured motorist coverage. This coverage is specifically designed to offer protection against this very situation, and can offer coverage for damages such as:

  • Medical expenses
  • Lost wages/income
  • In-home care/assistance expenses

However, anyone that has dealt with insurance companies knows that they will go out of their way to reduce the amount they have to pay out. Many insurance companies, even during a claim against an uninsured motorist, will do everything they can to reduce your settlement by disputing your injuries or attempting to place the blame for the accident on your negligence as a driver, even if the accident was caused by the other motorist. 

Dealing with the insurance companies on your own can be a difficult process, but with the talented personal injury lawyers of The Wallace Firm at your side, you can navigate even the most complicated insurance claim process.

Contact an uninsured motorist injury lawyer today

When The Wallace Firm goes to bat for you, you know you’re in good hands no matter what the insurance company does to delay or minimize your settlement. Our skilled and compassionate team has years of experience dealing with personal injuries of any severity or any consequence, and we can help you understand even the most complicated legal-speak in your insurance policy to make sure you can get the settlement you deserve after your injuries. Contact us today to begin a review of your case and see just what happens when you have The Wallace Firm on your team.

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Injury: Back Surgery
Defendant: Confidential


Injury: Neck & Back Sprain/Strain
Defendant: Confidential


Defendant: State Farm Insurance

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