Orange County Uninsured/Underinsured Motorist Lawyer
If you have been injured in a car crash with an uninsured or underinsured motorist, you need legal representation to protect your rights. Contact Beckerman Anderson to obtain the justice and compensation you deserve.
California law requires drivers and vehicle owners to establish their financial responsibility. Most people satisfy this requirement by purchasing auto insurance. As of January 1, 2025, the minimum amount of liability insurance is $30,000 per person up to $60,000 per accident for bodily injury and $15,000 for property damage. Unfortunately, the minimum amount is often insufficient to fully compensate a victim of a car accident. So for that reason, some people purchase higher insurance limits. However, there are still many people who only purchase the minimum amount, usually because it is the cheapest policy. And, there are some people who don’t have insurance at all.
WHAT HAPPENS WHEN THE PERSON WHO CAUSES THE ACCIDENT DOESN’T HAVE INSURANCE?
Unfortunately, this happens more often than think. If this happens then the person who causes the accident would have to pay out of pocket for the harm they caused (injuries and damage to property).
WHAT HAPPENS IF THE UNINSURED PERSON DOESN’T HAVE ANY MONEY OR ASSETS TO PAY FOR THE DAMAGES THEY CAUSED?
This is where Uninsured/Underinsured Motorist coverage (UM/UIM) comes into play. California law requires an auto insurer to offer UM/UIM coverage to its policy holders. This coverage does cost extra but it provides very important piece of mind. Next time you renew, make sure you have this coverage, if not, ask your agent about it.
WHAT IS UNINSURED / UNDERINSURED MOTORIST COVERAGE?
UM/UIM protects you when the driver who causes a crash has no liability insurance or not enough of it to cover your losses. UM coverage applies when the at-fault driver is uninsured or unidentified — a hit-and-run, for example — while UIM coverage fills the gap when that driver carries a policy whose limits fall short of your damages. Both are first-party coverages purchased through your own auto policy, and they typically pay for bodily injury, including medical expenses, lost earnings, and pain and suffering, up to the amount of your policy limits.
TELL ME MORE ABOUT UNINSURED MOTORIST COVERAGE.
UM coverage steps in when the at-fault driver has no liability insurance at all, or cannot be identified. A few common examples: a driver runs a red light, T-bones your car, and turns out to have let his policy lapse for nonpayment — UM pays your medical bills, lost wages, and pain and suffering as the liability carrier would have, up to your policy limits. Or a car drifts into your lane on the freeway, clips you, and speeds off before you can get a plate; that hit-and-run is treated as an uninsured motorist claim, though most policies require prompt reporting to police and often physical contact between the vehicles. UM also reaches situations beyond your own driving: you are struck as a pedestrian or bicyclist by an uninsured driver, or you are a passenger in a friend’s car when an uninsured driver (or your uninsured friend) causes the crash. It can likewise apply when a driver is operating a stolen vehicle or when the insurer that would have covered the at-fault driver becomes insolvent before the claim is paid. What counts as “uninsured,” and the notice and reporting requirements, vary by state and by policy language.
TELL ME MORE ABOUT UNDERINSURED MOTORIST COVERAGE.
UIM coverage applies when the at-fault driver does carry liability insurance, but not enough to cover what the crash actually cost you. A typical example: a driver rear-ends you at speed and carries a $30,000 state-minimum policy, while your surgery, physical therapy, and time out of work total $150,000 — after collecting his limits, you turn to your own UIM coverage for the remainder. The same problem arises when one driver injures several people at once and a single per-accident limit has to be split among all of them, leaving each claimant with a fraction of their losses. UIM can also cover you as a pedestrian, bicyclist, or passenger in someone else’s vehicle when the at-fault driver is underinsured.
WHY SHOULD I GET AN ATTORNEY FOR A UM/UIM CLAIM? IT’S MY OWN INSURANCE.
An attorney is useful in a UM/UIM claim largely because the claim runs against your own insurer, which means the company evaluating your injuries is also the one paying them — a first-party relationship that is friendlier in name than in practice. Counsel handles the procedural traps that quietly extinguish claims: notifying the UM/UIM carrier on time, preserving a client’s privacy rights and preventing insurer overreach, and filing suit or demanding arbitration before the contractual or statutory deadline. An attorney also sorts out how much coverage is actually available — whether policies stack, whether the liability payment offsets the UIM limits, and whether other household or employer policies apply — and then builds the damages case with medical records, wage documentation, and expert testimony rather than leaving the adjuster to value it unilaterally. Because most UM/UIM policies resolve disputes through arbitration under rules the carrier drafted, having someone who knows that process, and who can pursue a bad-faith claim if the insurer unreasonably delays or lowballs payment, meaningfully changes the leverage.
Our Costa Mesa based law firm has decades of experience successfully handling uninsured motorist or underinsured motorist claims and securing full and fair financial compensation for our clients. Call our offices at (949) 409-4299 to schedule your free case evaluation as soon as possible.
Schedule a Free Consultation
LOOKING FOR GOOD ACCIDENT INJURY ATTORNEYS IN ORANGE COUNTY?
Uninsured Motorists Create Problems For Other Orange County Drivers
When uninsured motorist accidents happen, the at-fault should be held accountable for all of the victim’s injuries and other damages, such as:
- Medical bills
- Lost wages
- Diminished earning capacity
- Emotional anguish
- Permanent injuries
- Ongoing medical care
- Reduced quality of life
- Loss of fellowship
- Wrongful death
Unfortunately, if the at-fault driver is uninsured, they don’t have insurance that will compensate you for your losses. You could exercise your right to file a lawsuit against them, but if the at-fault driver can’t afford their car insurance premiums, they probably don’t have the assets to cover your damages. So, even if the court ruled in your favor, you may still be unable to recover your any money from them.
A skilled UIM motorist accident lawyer from Beckerman Anderson can review your current auto insurance policy and outline all possible sources of compensation.
Underinsured Drivers Present Similar Problems
Drivers with no insurance or insufficient insurance force car accident victims into a difficult situation. For instance:
- Another driver crashes into your car, and you experience serious knee pain afterward.
- The paramedics transport you to a local emergency room, where you receive diagnostic tests, including X-rays.
- The doctor diagnoses you with a torn ACL and informs you that you will need an operation, ongoing orthopedist appointments, as well as physical therapy.
- You will also require a medical device to stabilize your knee and various prescription medications.
- Your recovery keeps you out of work for months, meaning you may not have any income to pay for housing, food, and other necessities.
Without taking property damage into account, your medical bills and lost wages alone could exceed $40,000. When you file your insurance claim to have your damages covered, you find out that the driver who struck you only has the minimum insurance coverage of $30,000 for bodily injury, leaving you with a $5,000 shortfall due to an accident that was not your fault.
This is just one example of how an underinsured driver can cause just as much trouble as an uninsured driver. Your injuries do not even have to be as serious as amputation or paralysis to encounter this kind of situation, as even comparatively minor injuries typically cause more than $30,000 in injuries and other damages.
Uninsured and Underinsured Motorist Insurance Coverage in California
California law requires car insurance carriers to offer their policyholders uninsured and underinsured motorist insurance coverage when they purchase a policy.
If you choose not to purchase either of these policies, your insurance company will ask you to sign a waiver stating that you were offered uninsured or underinsured motorist insurance coverage but turned it down.
If you opt to purchase the uninsured motorist/underinsured motorist coverage, which is the smart choice, your personal policy should be able to cover your damages even if the at-fault driver has insufficient or no auto insurance. For example:
- You purchase an uninsured or underinsured motorist policy that has a $100,000 per person limit.
- You are struck by another driver who only carries $30,000 in insurance coverage, the minimum.
- You have $70,000 of your own insurance available to cover any remaining damages.
If the at-fault driver in this scenario had no insurance at all, you would then have the full $100,000 to cover any damages.
Orange County Uninsured Motorist Claims
Uninsured motorist coverage makes things a whole lot easier If you are injured by an uninsured driver in Orange County. Unfortunately, when this happens, the insurance company does not just pop a check in the mail. In fact, the opposite is usually true, as these claims tend to be surprisingly difficult.
Many people believe that since they pay their premiums each and every month, the insurer will be forthcoming and cooperative when it comes to their uninsured or underinsured motorist payment, but this is rarely the case.
The reality is that insurance providers are not any easier to deal with when it comes to their own policyholders. Every penny they pay out on your claim is a penny off of their bottom line. This means they will challenge every part of your claim any chance they get. This is just one of the reasons it is essential to have an experienced Orange County uninsured motorist/underinsured motorist lawyer from Beckerman Anderson managing your claim, especially if you were hit by an uninsured driver.
To prove your uninsured motorist/underinsured motorist claim, you will have to show that:
- The at-fault driver was negligent, and this negligence was the cause of your accident and injuries.
- The at-fault driver has no insurance or their insurer paid you the policy limits and they were insufficient to cover your damages.
- The amount of your damages exceed what was already paid to you, if anything.
Establishing these things is a lot more difficult than most people realize. Our Orange County personal injury law firm knows the most effective ways of collecting, cataloging, and presenting all of the evidence necessary to support your uninsured or underinsured motorist claim.
How Does An Insurance Company Challenge UM/UIM Claims in Orange County?
Even though your claim may be 100% valid, you may find that your claim has been valued low or even denied. Insurance adjusters are trained negotiators and usually have more experience than you do. Adjusters may:
- Not disclose that you have uninsured motorist or underinsured motorist coverage.
- Claim that you were wholly or partially at fault for the crash and reduce the value of your claim.
- Provide a low offer by downplaying the seriousness of your injuries and/or blaming them on pre-existing conditions.
- Insisting that your medical expenses are too high or weren’t needed and offering less than what you owe.
- Downplay the physical pain and emotional trauma the accident and your injuries have caused you.
At the California law firm of Beckerman Anderson, we are no strangers to standing up to insurance adjusters to ensure our clients get the financial compensation they are entitled to.
Statute of Limitations
Deadlines to file a UM/UIM claim can be strict and may pass sooner than you expect, and they vary depending on your specific situation. Because waiting can cost you the right to recover, it’s best to speak with an attorney as soon as possible after an accident so your claim is protected.
What If My UM/UIM Insurance Coverage Isn’t Sufficient To Cover My Damages?
The United States has some of the most expensive medical care in the developed world. This means that medical bills and other accident-related damages can quickly become unmanageable. It is not uncommon for a car accident to leave a victim with damages that far exceed the coverage limits of their insurance policy, especially in cases that involve catastrophic injuries or fatalities.
When you sign with our law firm, our attorneys devote a significant amount of energy and time to analyzing all of your options for financial recovery. In many cases, there are additional recovery options through which victims can be compensated, provided that liability can be established, against:
- Defective Product Manufacturers: If a manufacturer or distributor made or sold faulty products or defective motor vehicle parts that contributed to the accident, they can also be held responsible. Examples include accidents caused by a faulty luggage rack that fails to secure cargo properly or a blowout resulting from a defective tire.
- Government Agencies: The government entities that are responsible for designing, building, and maintaining safe roadways can be held liable.
- Rideshare Services: Passengers may be covered by UM/UIM insurance through a rideshare company.
- A Restaurant, Bar, or Social Host: Restaurants, clubs, bars, and other similar establishments may be liable for damages caused when they overserve a patron who is then involved in a drunk driving crash.
Contact Our Accomplished California Uninsured or Underinsured Motorist Accident Attorneys Right Away
For experienced help with your California uninsured motorist or underinsured motorist claim, contact the legal team at Beckerman Anderson. We have recovered millions in damages for our personal injury clients. Give us a call at (949) 409-4299, or use the contact form on our website to schedule your free, no-obligation consultation and find out what we can do for you.
Â