The State of California requires every licensed driver to be covered by auto insurance.  However, the law only requires them to be covered by a minimum level of insurance of $15,000 per person and up $30,000 per accident.

Therefore, there is a significant risk of being involved in an auto accident caused by a driver who is either uninsured entirely, without any recoverable assets or way to satisfy a judgment against them, or a driver who is legally complying with the minimum coverage requirements.

Those requirements typically do not even cover a single night in the hospital if trauma care is required.

The most effective way to protect yourself and your family members, who reside with you, is to obtain the highest levels you can afford of uninsured and underinsured auto coverage.

Under California Law most automobile insurance carriers offer uninsured and underinsured coverage at the same levels as the liability coverage of their policy.  The liability portion is the coverage that protects the insured in the event that they in fact the ones responsible for causing the auto accident.  If that coverage level is purchased at $500,000 per person/$1,000,000 per accident then the insurance carrier is also obligated to sell the insured uninsured and underinsured coverage for the same coverage limits.

In the event that an accident occurs which is due to the fault of an uninsured driver, the insurer would be able to obtain compensation up to $500,000 per person for the injuries sustained.  Their insurance company would also be unable to penalize them in any way by raising their premiums or affecting their right to obtain insurance from any other carrier or, in fact, to be used against them in any way for actually using the coverage that was sold to them precisely to protect them in this type of situation.

Underinsured coverage would provide an additional $485,000 if the driver causing injury to one occupant was covered by a minimum policy that complied with California Law.

An additional benefit of pursuing a UM/UIM insurance claim is that your own carrier has an obligation to deal fairly with you.  Their failure to promptly and reasonably resolve your claim, when the appropriate evidence is presented to them, subjects them to the risk of you pursuing a subsequent bad faith insurance claim based upon their unreasonable delay in the settlement or resolution of your claim.

Many individuals believe that their interests are protected by having an Umbrella or Excess Insurance Policy.  However, these policies typically do not include, unless requested, additional coverage for UM/UIM supplemental coverage in the event that they are injured by an uninsured or underinsured driver.

The costs of obtaining this type of additional protection is typically very low.  I would suggest that you contact your insurance agent as soon as possible to discuss the availability and additional costs for obtaining the appropriate amount of UM/UIM coverage that would protect you and your family.

If you or your family members are involved in an auto accident involving a potential uninsured or underinsured motorist claim, please feel free to contact the Offices of Gary Sernaker to discuss your rights and legal options available to you in order to obtain a fair  and reasonable settlement.