Automobile insurance is mandated on a state by state basis. In California, Section 16451 of the Vehicle Code states that Bodily Injury liability limits must be at least $15,000 per person and $30,000 total for all persons per accident. Property damage liability limts must be at least $5,000 per accident.

Although this is required by law in California, you may still encounter an accident with an uninsured driver. Perhaps that driver never bought insurance, but it may be that the driver’s insurance simply expired. Uninsured motorist insurance coverage pays for damages caused by a driver with no insurance. More commonly, an accident may involve a driver who lacks enough insurance to cover the claims, in which underinsured coverage helps pay for damages.

Protect yourself first by checking to see if you have uninsured/underinsured coverage on your policy, as your State may not require it. You can always add uninsured coverage.

If you're in an accident, make sure you get contact information from the other driver, including insurance information, and give it to your own insurance company.

• In the case of an underinsured driver, first you are compensated from the other driver’s insurance company within their policy limits, and then, if there are still damages, you may make a claim with your own insurance company for the balance.
• If there is no insurance at all, your insurance company may require a signed statement from the uninsured driver stating that he or she has no insurance. Then you can make a claim with your own company for all of your damages.

Conflicts with Your Insurance Company

Uninsured and underinsured coverage may put you at odds with your own insurance company, especially if you disagree on whose fault the accident was or the extent of your injuries. The company may reduce your compensation if it decides that you were at fault, even in a minor way. If you are in conflict with your insurance company, it is important that you immediately talk with a car accident attorney experienced in uninsured or underinsured claims.

If you have been injured in a vehicle accident it is important that you contact an attorney immediately to protect your rights. To contact an experienced car accident attorney at Kershaw, Cutter & Ratinoff and to get a free and confidential case evaluation, please fill out and submit the contact form on this page or call us toll-free at (888) 285-3333.