Uninsured/Underinsured Car Accidents in Los Angeles

Which Coverage Applies to Uninsured or Underinsured Drivers?

California Insurance Code §11580.2 requires carriers to offer uninsured motorist coverage (UM) and underinsured motorist coverage (UIM). This protection can take effect if a driver leaves the scene of a crash, carries no policy at all, or has limits too low to cover the losses. The state also follows a pure comparative negligence system. This means that an injured party can recover damages even if they share fault, although their percentage of responsibility reduces the amount of any award. Disputes under UM provisions usually proceed by binding arbitration instead of a courtroom trial.

Deadlines can be critical. Most personal injury lawsuits must be filed within two years under the California Code of Civil Procedure § 335.1. Claims against government agencies require notice within six months, as laid out in Government Code § 911.2. Proposition 213 may limit non-economic damages if the injured driver lacked insurance themselves. These rules often overlap, so timing and documentation are important.

At Levin & Nalbandyan Trial Lawyers, we are familiar with these requirements. Our Los Angeles attorneys could review declarations about the car crash, identify the coverage available to the uninsured or underinsured party, and coordinate with medical providers. For accidents involving an underinsured driver, they could also determine how the at-fault party’s policy offsets UIM coverage and pursue the balance.

Steps that often help preserve a claim include:

• Filing a Department of Motor Vehicles SR-1 report within 10 days if injuries occurred or damages exceeded $1,000 (Vehicle Code §16000)
• Securing the police report, photos, and any witness statements
• Notifying every potentially involved insurer in writing as soon as possible
• Following medical instructions and maintaining records of care and expenses
• Avoiding broad recorded statements before understanding policy obligations

Our attorneys could assist with these steps, making it essential to reach out for help as soon as possible after a vehicle crash.

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