When an uninsured motorist or underinsured motorist causes an accident, you face a challenging situation. Your medical bills mount, your vehicle needs repair, and the at-fault driver’s insurance cannot cover your losses. California law provides protection through uninsured/underinsured motorist (UM/UIM) coverage, but insurance companies may dispute or limit payment of claims. At Dordick Law Corporation, we help Southern California residents pursue compensation for injuries caused by uninsured and underinsured drivers. We handle your case on a contingency fee basis, meaning you pay nothing unless compensation is recovered. Call (310) 551-0949 for a free consultation.
What Is Uninsured/Underinsured Motorist Coverage?
Uninsured motorist (UM) coverage protects you when the at-fault driver has no insurance. Underinsured motorist (UIM) coverage applies when the at-fault driver’s insurance limits are too low to cover your damages. California Insurance Code § 11580.2 requires insurers to offer UM/UIM coverage to policyholders, but you may decline it in writing.
Many drivers wonder if they must purchase UM/UIM coverage. The answer is no—it’s optional. However, many California drivers accept UM/UIM protection because the premium increase is often modest compared to the financial protection it provides. When you’re hit by an uninsured or underinsured driver, your own UM/UIM coverage can become a key source of recovery.
The difference between UM and UIM is important. UM coverage applies when the at-fault driver carries no insurance at all. UIM coverage applies when the at-fault driver has insurance but the policy limits don’t cover your full damages. For example, if you suffer 100,000 dollars in injuries but the at-fault driver’s policy limit is only 25,000 dollars, your UIM coverage may help address the remaining 75,000 dollars, subject to your UIM policy limits. The California Department of Insurance provides additional resources about coverage requirements and consumer protections.
How Dordick Law Corporation Helps UM/UIM Claimants
Dordick Law Corporation handles UM/UIM claims throughout Southern California. Our personal injury attorneys understand how insurance companies evaluate these claims and work to build well-supported cases seeking fair compensation. We have obtained significant compensation for clients injured by uninsured and underinsured drivers.
Our firm works on a contingency fee basis, meaning you pay no upfront costs. We only receive payment if we recover compensation for you. This arrangement helps reduce financial barriers to legal representation.
Our team is available to answer questions and discuss your case. We offer free, confidential consultations to evaluate your claim and explain your legal options. When you work with our Southern California personal injury lawyers, you work with attorneys familiar with California’s UM/UIM laws and insurance company practices.
How UM/UIM Claims Work in California
Understanding the UM/UIM claims process helps you know what to expect. The process typically includes the following steps:
- Report the accident to your insurance company promptly. Provide basic facts about what happened, but avoid admitting fault or speculating about details. Your insurer will usually assign a claims adjuster to review your claim. This is similar to the process described in our guide on what to do after a car accident.
- Gather evidence to support your claim. Collect the police report, medical records, photographs of vehicle damage, witness contact information, and documentation of lost wages. This evidence helps support your position during negotiations. Understanding how fault is determined in California car accidents can help you gather the evidence you need.
- Notify your insurer of your UM/UIM claim. You may have the right to pursue a claim against your own insurer’s UM/UIM coverage when the at-fault driver is uninsured or underinsured. Your insurer has duties to investigate and handle your claim in good faith under California law.
- The insurance company reviews your claim. They examine medical records, police reports, and other evidence. They may request a recorded statement or medical examination. You can consult with an attorney before and during these interactions.
- Settlement discussions or formal proceedings follow. If the insurance company offers compensation you and your attorney consider fair, you may settle your claim. If they undervalue your claim or deny it, Dordick Law Corporation can pursue arbitration or litigation where appropriate.
California’s comparative negligence law may allow you to pursue a UM/UIM claim against your own insurer even if you were partially at fault for the accident. This can help ensure that uninsured and underinsured drivers do not leave injured people without any recourse.
Types of Damages Recoverable in UM/UIM Claims
California law allows you to pursue several categories of damages in UM/UIM claims. Economic damages compensate you for quantifiable financial losses. These include medical expenses for past and future treatment related to your injuries, lost wages from time away from work, vehicle repair or replacement costs, and other out-of-pocket expenses related to the accident.
Non-economic damages address the non-financial impact of your injuries. These may include physical pain and discomfort, emotional distress such as anxiety or depression, loss of enjoyment of life when injuries limit your activities, and permanent scarring or disfigurement. Our attorneys understand how to value pain and suffering compensation in California.
The amount of damages depends on factors such as the severity of your injuries, the evidence of liability, and the documentation supporting your losses. Dordick Law Corporation works with medical and economic professionals to document the extent of your injuries and help evaluate an appropriate settlement range.
Common Challenges in UM/UIM Claims
Insurance companies may undervalue UM/UIM claims or deny them. They might argue that your injuries were preexisting, that your damages are overstated, or that you did not comply with policy procedures. These positions can reduce or delay payment.
Dordick Law Corporation addresses these issues through detailed investigation and structured negotiation. We obtain medical evidence, expert opinions, and documentation to support the nature and extent of your injuries. We communicate with the insurance company on your behalf and advocate for compensation supported by the facts of your case.
Comparative negligence may apply even in UM/UIM cases. If you were partially at fault for the accident, your compensation may be reduced proportionally. California’s comparative negligence law allows recovery even when your share of fault is high, although your damages are reduced by your percentage of responsibility. We evaluate available evidence about the fault and explain how it may affect your potential recovery.
Statute of Limitations for UM/UIM Claims
UM/UIM claim deadlines are often controlled by your insurance policy’s contractual provisions. Many policies require that arbitration or other formal proceedings be initiated within a specific period, which may be tied to the accident date or to a claim denial. Missing these contractual deadlines can bar your claim even if you are still within the general statute of limitations for personal injury.
Because these timelines can be complex and policy-specific, contacting an experienced personal injury attorney as soon as possible after an accident can help protect your rights and preserve important evidence.
Frequently Asked Questions
What if the at-fault driver has some insurance but not enough to cover my injuries?
This is typically an underinsured motorist (UIM) situation. Your UIM coverage may help address the difference between the at-fault driver’s policy limits and your total damages, up to your UIM limits. This is a common issue in car accident claims throughout Southern California.
Can I pursue a UM/UIM claim if I was partially at fault for the accident?
Yes. California’s comparative negligence law allows recovery even if you were partially at fault. Your compensation is reduced by your percentage of fault. If you were 20 percent at fault and your damages total 100,000 dollars, your net recovery would generally be 80,000 dollars.
How long does a UM/UIM claim typically take to resolve?
Some UM/UIM claims with clear liability and well-documented injuries may resolve within months. Cases involving serious injuries, disputed liability, or formal proceedings such as arbitration or litigation can take longer.
Do I need an attorney to handle my UM/UIM claim?
You are not required to have an attorney, but legal representation can help you understand your rights, meet deadlines, and respond to insurance company tactics that may reduce the value of your claim. Many people find that an attorney helps them pursue a more fully documented and carefully evaluated claim. Our Southern California personal injury lawyers have extensive experience with UM/UIM claims.
What if my insurance company denies my UM/UIM claim?
If your insurer denies your UM/UIM claim, Dordick Law Corporation can review the denial, communicate with the insurer, and, when supported by the facts and law, pursue remedies through arbitration or litigation. In some circumstances, California law provides additional remedies if an insurer unreasonably withholds benefits.
How much will it cost to hire Dordick Law Corporation for my UM/UIM claim?
We work on a contingency fee basis—you pay no upfront attorney fees. We receive a fee only if we obtain compensation for you through settlement, arbitration award, or verdict. Case-related costs are discussed with you, and fee arrangements are explained in writing.
Contact Dordick Law Corporation Today
If you’ve been injured by an uninsured or underinsured driver in Southern California, you do not have to address the insurance process on your own. Contact Dordick Law Corporation for a free consultation with a UM/UIM attorney. We will review your situation, explain your rights, and discuss potential options for moving forward.
Call (310) 551-0949 today to schedule your free consultation, or complete our online contact form. Our team will review your inquiry and follow up to discuss how we may assist.
