California Uninsured Motorist Law
Every driver in California is required by law to have insurance. However that doesn't mean every driver does. The California uninsured motorist law protects those who are involved in an accident with an uninsured motorist. It does not protect drivers without insurance. Auto insurance companies are required by law to offer uninsured motorist insurance, however drivers are not required to obtain it. Those who do have it cover not only themselves, but certain family members as well.
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Purpose
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Uninsured motorist coverage protects insured drivers. The California uninsured motorist law was created to provide coverage for people who are involved in auto accidents in which the other party either has no auto insurance, or is underinsured. Underinsured drivers are drivers who have insurance, but not enough to cover the damages done to either property or another driver. California law states that auto insurance companies must supply every driver with some form of uninsured motorist coverage upon request.
Coverage
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Family members may be covered by the uninsured motorist policyholder. Anyone who purchases uninsured motorist insurance in California is protected if they happen to be involved in an accident with an uninsured motorist. The uninsured motorist insurance also covers any family members living in the same household as the policy holder, as well as any children regardless if they live with the policyholder or not. Anyone riding in an automobile with a policyholder, or anyone who has been given permission to drive the policyholder's automobile, is also covered.
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Benefits
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Anyone involved in an accident with either an uninsured motorist, or an underinsured motorist in California is eligible for compensation. Compensation for financial loss includes medical expenses, loss of income, or “out of pocket” expenses such as at-home care. Other types of compensation cover pain and suffering, such as the inability to participate in normal activities. Regardless if you were diving an automobile or not at the time of the accident, you are entitled to these compensations if they apply. For example, if a California resident has uninsured motorist insurance and is struck by a car while walking, they are protected.
Property Damage
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Damage to the car itself is also protected for some policyholders. Uninsured motorist laws cover not only physical damages sustained to the driver and all people covered under the policy, but may also protect against damage done to the car itself. Those who purchase coverage for property damage in California must make physical contact with the uninsured vehicle. While the law does not require you to file a police report, you must be able to either identify the driver or the license plate number of the uninsured automobile to receive your benefits.
Misconceptions
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Uninsured motorist insurance in California is not intended to cover those without insurance. Under California law, anyone who owns and operates an automobile must have some form of insurance. If an uninsured motorist causes an accident, they will have their license suspended for one year and will only be able to get it back by proving that they have obtained auto insurance. Although auto insurance companies are required by law to offer uninsured motorist insurance, drivers are not obligated to carry it.
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References
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- Photo Credit driving 4 image by Andrzej Borowicz from Fotolia.com car crash image by dawn from Fotolia.com family image by Mat Hayward from Fotolia.com wrecked car image by hazel proudlove from Fotolia.com
