San Diego Uninsured Motorist Accident Lawyers

Uninsured and Underinsured Motorist Cases We Handle

The Mason Firm handles serious injury and wrongful death cases involving drivers with no insurance, limited insurance, disputed insurance coverage, or unknown identity.

We handle cases involving:

• uninsured drivers;
• underinsured drivers;
• hit-and-run crashes;
• drunk drivers with little or no insurance;
• drivers with minimum insurance limits;
• crashes involving excluded drivers;
• stolen vehicles;
• drivers using someone else’s vehicle;
• rideshare accidents;
• delivery vehicle crashes;
• pedestrian accidents;
• bicycle accidents;
• motorcycle accidents;
• passenger injury claims;
• serious injuries;
• catastrophic injuries;
• and wrongful death.

These cases often require careful review of all potentially available insurance coverage. The at-fault driver’s policy may not be the only source of recovery. Depending on the facts, coverage may exist through the injured person’s own policy, a household policy, an employer policy, rideshare coverage, commercial insurance, umbrella coverage, or other available sources.

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage, often called UM coverage, may apply when the at-fault driver does not have liability insurance. It may also apply in some hit-and-run cases when the responsible driver cannot be identified.

UM coverage is usually part of the injured person’s own automobile insurance policy. It can provide compensation for injuries caused by an uninsured driver, subject to the policy language, coverage limits, and applicable law.

Uninsured motorist coverage may become important when:

• the at-fault driver had no insurance;
• the at-fault driver fled the scene and cannot be identified;
• the at-fault driver’s policy denies coverage;
• the at-fault vehicle was stolen;
• the at-fault driver was excluded from the policy;
• or insurance coverage is otherwise unavailable.

A UM claim can still be disputed. The insurance company may argue that the uninsured driver was not at fault, the injuries were not caused by the crash, the treatment was excessive, or the claim is worth less than the injured person believes.

What Is Underinsured Motorist Coverage?

Underinsured motorist coverage, often called UIM coverage, may apply when the at-fault driver has insurance, but the insurance is not enough to fully compensate the injured person.

This is common in serious injury cases. A driver may have only minimum liability limits, but the injured person may need surgery, hospitalization, future care, or long-term treatment. In that situation, the at-fault driver’s policy may be exhausted quickly, leaving the injured person undercompensated unless additional coverage applies.

UIM coverage may become important when:

• the at-fault driver has low policy limits;
• medical bills exceed the available liability coverage;
• the injured person needs future care;
• the injuries affect work or earning capacity;
• multiple people were injured and share the same policy limits;
• or the crash caused catastrophic injury or death.

Underinsured motorist claims require careful coordination. The injured person usually must identify the at-fault driver’s limits, evaluate available UIM coverage, and avoid releasing claims in a way that harms the UIM claim.

Hit-and-Run Accidents

Hit-and-run crashes often create serious insurance problems. If the responsible driver is not identified, the injured person may have no at-fault insurance policy to pursue. In that situation, uninsured motorist coverage may be critical.

Hit-and-run cases may involve:

• rear-end crashes;
• sideswipe collisions;
• pedestrian accidents;
• bicycle accidents;
• motorcycle accidents;
• freeway crashes;
• parking lot crashes;
• drunk driving crashes;
• and serious injuries or wrongful death.

Important evidence may include photographs, police reports, witness statements, surveillance video, dashcam footage, nearby business cameras, vehicle debris, license plate information, 911 calls, and medical records.

Hit-and-run accidents should be reported promptly. The injured person should also notify their own insurance company and preserve all evidence.

Minimum Insurance Limits May Not Be Enough

California requires drivers to carry minimum liability insurance, but minimum coverage may not be enough in a serious injury case. Beginning January 1, 2025, California’s minimum required automobile liability coverage increased to $30,000 for injury or death to one person, $60,000 for injury or death to more than one person, and $15,000 for property damage.

Those limits may still be far too low when a crash causes surgery, hospitalization, traumatic brain injury, spinal injury, fractures, lost income, permanent disability, or death.

That is why uninsured and underinsured motorist coverage can be important. It may provide additional protection when the at-fault driver has no insurance or not enough insurance.

Why Your Own Insurance Company May Become the Opponent

Many people are surprised to learn that their own insurance company may dispute an uninsured or underinsured motorist claim. UM/UIM coverage is purchased to protect the insured, but when a claim is made, the insurer may still investigate and defend the claim like an opposing insurance company.

Your insurance company may dispute:

• who caused the crash;
• whether the other driver was uninsured;
• whether the at-fault driver was underinsured;
• whether the hit-and-run requirements are met;
• whether the injuries were caused by the crash;
• whether medical treatment was reasonable;
• whether future care is necessary;
• whether wage loss is supported;
• whether the claim exceeds the available liability limits;
• and how much the claim is worth.

A UM/UIM claim may involve arbitration instead of a standard court trial, depending on the policy and applicable law. The process can be technical, and mistakes can affect the claim.

Evidence That Matters in UM/UIM Cases

Uninsured and underinsured motorist cases require both liability evidence and insurance evidence.

Important evidence may include:

• police reports;
• traffic collision reports;
• photographs of vehicle damage;
• photographs of injuries;
• witness statements;
• dashcam footage;
• surveillance video;
• 911 calls;
• insurance declarations pages;
• insurance policy documents;
• at-fault driver policy limits information;
• proof that the at-fault driver was uninsured;
• proof that the at-fault driver was underinsured;
• hit-and-run reports;
• medical records;
• medical bills;
• wage loss records;
• expert opinions;
• and communications with insurance companies.

Insurance coverage should be investigated carefully. In some cases, more than one policy may apply.

Damages Available in UM/UIM Cases

The damages available depend on the injuries, available coverage, responsible parties, and policy terms. Recoverable damages may include:

Medical Expenses
This may include ambulance care, emergency treatment, hospitalization, surgery, imaging, medication, rehabilitation, physical therapy, injections, and follow-up care.

Future Medical Care
Serious injuries may require future surgery, therapy, pain management, neurological care, orthopedic care, assistive devices, or long-term support.

Lost Income
An injured person may recover income lost because of hospitalization, recovery, medical appointments, or inability to work.

Loss of Earning Capacity
When injuries affect the person’s ability to work in the future, damages may include reduced earning capacity.

Pain and Suffering
Damages may include physical pain, emotional distress, anxiety, inconvenience, loss of independence, sleep disruption, and loss of enjoyment of life.

Permanent Injury, Disability, or Disfigurement
Serious crashes may cause permanent limitations, scarring, chronic pain, brain injury, spinal injury, or disability.

Property Damage
Depending on the coverage and facts, property damage, collision coverage, deductible issues, or uninsured motorist property damage coverage may need to be reviewed separately.

Wrongful Death Damages
When an uninsured or underinsured driver causes death, qualifying family members may pursue damages for the loss of love, companionship, comfort, care, assistance, protection, guidance, support, and other losses recognized under California law.

What to Do After a Crash With an Uninsured or Underinsured Driver

After a crash involving an uninsured, underinsured, or hit-and-run driver, the steps taken early can affect both medical care and the insurance claim.

Consider taking the following steps:

1. Call 911 and report the crash.
   A police report can be especially important if the other driver has no insurance, flees the scene, or disputes fault.
2. Get medical care immediately.
   Prompt treatment protects your health and creates documentation of the injuries.
3. Exchange information if possible.
   Obtain the other driver’s name, license, vehicle information, insurance information, and contact information.
4. Take photographs and video.
   Document vehicle damage, injuries, road conditions, license plates, debris, skid marks, traffic signs, and the crash scene.
5. Identify witnesses.
   Witnesses can help prove what happened, especially in hit-and-run or disputed-liability cases.
6. Notify your own insurance company.
   UM/UIM claims often require timely notice to your own insurer. Policy deadlines and requirements should be reviewed carefully.
7. Preserve all insurance documents.
   Save declarations pages, policy documents, letters, emails, claim numbers, and communications from all insurers.
8. Do not sign releases without legal review.
   Settling with the at-fault driver or signing broad releases can affect a UM/UIM claim.
9. Do not rush into settlement.
   The full extent of injury, future care, and available coverage may not be clear right away.
10. Contact an attorney promptly.
    Early legal review can help identify coverage, preserve evidence, avoid mistakes, and protect deadlines.