Uninsured Motorist Claims

The California Uninsured Motorist act lays out provisions that require every automobile liability insurance policy to include special coverage. The following coverage is designed to provide compensation for the insured for bodily injury or wrongful death inflicted by the owner of an uninsured vehicle. Therefore, there is an uninsured motorist coverage that will be provided. However, this only applies to drivers of vehicles and not individuals hit by a bicycle.

The minimum amount of coverage is equal to limits of liability of bodily injury in the underlying policy of insurance as long as the two following pre-requisites are met. First, the coverage cannot be less than specified in the financial responsibility provision of Veh.C. §16056(a). Second, the insurers are not required to provide minimum coverage that exceeds $30,000 per person. Nonetheless, uninsured motorist claims are an exception to section 16000, which lays out the general financial responsibility of an individual in an accident.

There are certain instances where coverage may be waived or modified to a lesser amount by a written agreement. [Ins.C.§11580.2(a)(1)] Even if the written waiver is not created, there is an automatic minimum coverage that applies. Under the California Anti-Stacking Uninsured motorist law, regardless of the number of vehicles in a collision, two claims cannot be added together. If coverage is given under more than one policy, the damages may not exceed the higher of the applicable limits. In addition, Insurance code 11580.2 displays the minimum coverage pursuant to uninsured motorist claims. Coverage insures the insure, his or her heirs, legal representatives, and persons entitled to recover damages.

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