Mandatory Uninsured or Underinsured Motorist Coverage

Mandatory Uninsured or Underinsured Motorist Coverage

Have you ever been hit by a driver that is uninsured? Have you ever been a victim of a hit and run? What happens now? You report it to your insurance and they say something like, “Sorry, but you didn’t purchase Uninsured Motorist Coverage, so we can’t cover you.” Your first thought: What is Uninsured Motorist Coverage? Your second thought: “I bought full coverage.” And last, “Wait, you are not going to help me with this accident? What did I buy insurance for all these years for?” At this point, panic mode starts hitting you because you have had this sense of security for years. What do you do now?

Your insurance will look for every way possible to deny you coverage. Why? Because it saves them money. It is that simple. But, you may be able to beat it. Here’s how.

California Financial Responsibility Law requires owners and drivers to carry automobile insurance. But, the legislature also realized that there are some people that will not carry automobile insurance. To correct this or make it fair for the people that do carry auto insurance, California has required insurance companies to provide uninsured motorist coverage as well. This is very important because the legislature understood that most people will obey the law, but some won’t. To protect the people that have actually undertaken the financially responsibility of purchasing auto insurance as required, California Law requires that the insurance company provide uninsured motorist coverage to the purchaser.

Unless the insured has signed a written waiver in the statutory form, Uninsured and Underinsured motorist automatically applies regardless if you purchased it or not. (Ins. Code §11580.0 (a)(2) and (3))

What does this mean to you? It means that if the insurance company cannot produce a signed waiver of Uninsured or Underinsured Motorist Coverage, then you are automatically entitled to the coverage by operation of law. This is their burden to prove that you knowingly did not want this type of coverage. They must produce the signed waiver. If they can’t, then you are entitled to it under law. Contact The Law Firm of R. Sam today to learn more.