Hit-and-Run & Uninsured/Underinsured Motorist

(UIM) Attorney

Hit-and-Run Motorists

All drivers should carry auto insurance. However, the truth is that many don’t, or at least not enough to fully cover the injuries and damages they cause. Even worse, some drivers, with or without insurance, leave the scene of an accident without sharing their information, leaving you without a way to hold them accountable.

If you were injured by a driver without insurance, or the other driver can’t be found, turn to the Law Office of Reuben J. Donig. We have been representing accident victims in San Mateo County and the Bay Area since 1976.

Our attorney fully understands the nuances of uninsured/underinsured motorists (UM/UIM) coverage. You can count on Mr. Donig to work with you one-on-one, providing personal attention every step of the way.

Hit-and-Run Accidents

If you’ve been hit by a driver who fled the scene, take these steps as soon as possible: get a description of the vehicle (make, model, color, license plate if visible), look for nearby witnesses, check for traffic or security cameras in the area, and file a police report right away. When the at-fault driver can’t be identified, recovery typically comes through your own uninsured motorist (UM) coverage.

Uninsured Motorist (UM) and Underinsured Motorist (UIM) Claims

Despite California law requiring drivers to carry insurance, a significant number of drivers on the road are uninsured. Uninsured motorist coverage is designed to step in when the at-fault driver has no insurance at all, allowing you to pursue compensation through your own policy instead. It can potentially cover a wide array of other people who are injured by uninsured or underinsured drivers. Under most circumstances, it will apply to:

• §Members of the policyholder’s household, which may include adopted children, biological children, stepchildren, in-laws and other relatives who are living in the house
• §Children who are temporarily away from home such as a son or daughter at school
• §The policyholder’s spouse, even if the couple is going through a divorce
• §A military servicemember who normally lives with the policyholder when not stationed elsewhere
• §Someone driving a covered vehicle with the owner’s permission
• §Someone entering, exiting or otherwise “using” the covered vehicle, even if it is not running

Policyholders or members of the household don’t even need to be in a motor vehicle to potentially benefit from UM/UIM coverage. If they are injured by an uninsured or underinsured motorist while walking, skateboarding, cycling or even sitting on a park bench in California, they can seek benefits.

Additionally, a UM/UIM policy can also come into play in situations where the identity of the other driver is unknown. If you are injured in a hit-and-run accident, for instance, your UM/UIM policy may help you obtain the money and medical care you need.

This coverage can also protect you in cases involving distracted driving accidents, where the at-fault driver’s negligence leaves you with significant injuries and expenses.

Frequently Asked Questions About UM/UIM Insurance

Who Is Insured by My Uninsured Motorist Policy?

When you purchase uninsured motorist coverage as part of a policy, it affords coverage for you and all members of your family who reside in your household with you. It would also include any minor children of yours who do not reside with you or your children who are away at college.

You do not have to be an automobile driver or passenger in order to be eligible for benefits. Your automobile UM policy applies even if you were a pedestrian, bicyclist, motorcyclist, or bystander, so long as the motorist who caused your injuries was uninsured or underinsured.

Your uninsured motorist coverage also applies for the benefit of other passengers in your car or other people driving your car with your permission, and who are injured by an uninsured or underinsured driver.

When Does an Uninsured Motorist Policy Apply?

Uninsured motorist vehicle coverage comes into play whenever anyone who is insured is injured by a driver who is uninsured or underinsured (does not have enough insurance to pay for the damages caused). An uninsured driver includes a hit-and-run driver, so long as there is some actual contact from the hit-and-run driver’s vehicle.

Underinsured motorist coverage only applies if the other driver’s liability limits are lower than your uninsured coverage limits. Thus, if the driver who causes the accident has a liability policy of $30,000.00 per person, you are not entitled to any uninsured or underinsured motorist benefits if your uninsured motorist coverage is for $30,000.00 per person/$60,000.00 aggregate. If, however, you have uninsured motorist coverage of $100,000.00 per person/$300,000.00 aggregate, you could receive up to the $70,000.00 difference from your own company for an injury to one person, and up to $240,000.00 additional insurance from your own company if there were injuries to three or more of your family members, or passengers in your car.

What Losses Are Covered?

Uninsured motorist coverage is intended to compensate you for both your financial and your non-financial losses which you sustain, and for which you have a legal claim as a result of the negligence of an uninsured, underinsured, or hit-and-run driver. Your financial losses would include any medical expenses which you reasonably required as a result of such an incident, any loss of income or earnings, any diminution in your ability to earn money in the future, or any assorted out-of-pocket expenses such as household and related help and assistance.

Non-financial damages include such elements as loss of ability to enjoy or engage in certain activities as a result of injuries, pain and suffering, and other such subjective losses for which you are entitled to monetary compensation under the law. There is usually no exact way of pinpointing an appropriate amount of compensation for this factor, but insurance people and attorneys are often able to come to an accommodation based upon the severity of the injury, whether it fully heals, what kinds of treatment are necessary and how much time is required in order to achieve an optimum recovery.

How Much Uninsured Motorist Coverage Must My Insurance Company Offer Me?

Your insurance company is only required to issue uninsured motorist policy in a minimum amount of $30,000.00 per person/ $60,000.00 aggregate, regardless of the fact that you might be purchasing a much higher liability policy (policy which pays others for their injuries when you are at fault). Furthermore, if your liability policy is less than $30,000.00/$60,000.00, your insurance company will only issue UM coverage in a matching amount. Thus, if you have a $15,000.00/$30,000.00 liability policy, your insurance company will offer uninsured motorist coverage for only $15,000.00/$30,000.00.

However, many, if not most insurance companies will allow you to purchase uninsured motorist benefits in an amount equal to your liability policy. Thus, if you have a $100,000.00/$300,000.00 liability policy for example, you usually will be able to purchase uninsured motorist benefits in that amount as well.

CAUTION: Many insurance companies will automatically issue a $30,000.00/$60,000.00 policy of uninsured motorist benefits when issuing a policy with higher liability limits. If this happens to you, contact your broker immediately and find out how much more it would cost to have your uninsured motorist benefits raised to match your liability policy limit.

How Much Uninsured Motorist Coverage Do I Need?

This of course is a very personal question, and there is no one correct answer. To some extent, the amount that you need will be tied in to the amount of liability insurance that you can afford.

Also, if you are a high-income earner, and a prolonged injury would substantially impair your earning capacity, you should have substantial UM protection.

In any event, no prudent person should have less than $250,000.00 per person/$500,000.00 aggregate of this sort of protection. Of course, this will mean that your liability policy needs to be written in that amount as well. The cost of purchasing this coverage may be a stretch financially for some people. However, the current situation existing in the State of California, makes an uninsured motorist protection of less than $250,000.00 per person/$500,000.00 aggregate extremely risky and if you can afford it, you should obtain even a higher limit.

Keeping these suggested limits in mind, a good rule of thumb would be – let your uninsured motorist coverage match your liability coverage. Obtain at least as much protection for yourself and your family as you purchase for the protection of others.

For those of you who are homeowners, you might also ask your broker about umbrella policies, which, in addition to providing all sorts of excess liability protection, often offer excess uninsured motorist protection for you as well.