QUESTION:

I am wondering if tapping into my uninsured motorist will cause my rate to go up. There is a chance that I might be said to be partially at fault for the accident. In reality, I was a pedestrian sighted for jaywalking. But the driver who hit me was sighted also because they backed into me. I have a lawyer but just want to know others’ thoughts on the issue of my insurance premium.

ANSWER:

Subject to exemptions for excess and umbrella policies and in the absence of proper waivers, the Uninsured Motorist Act requires every automobile liability insurance policy issued in California to include coverage designed to compensate insureds or their heirs or legal representatives for bodily injury or wrongful death inflicted by the owner or operator of an “uninsured vehicle.” If not expressly provided, minimum UM coverage will be deemed included by law. Uninsured motorist coverage is not protection regardless of fault. The insurer’s liability is contingent on the insured’s legal right to recover from the uninsured motorist under general principles of tort law. If the carrier and the insured are unable to agree on the legal liability issue, or on the amount of damages involved, they are required to submit the matter to arbitration.

The insurance company’s liability is contingent upon the insured’s being able to prove he or she is legally entitled to recover damages for bodily injury or wrongful death from the uninsured motorist. An uninsured motorist claim based on negligence (as most of them are) requires the claimant to establish a prima facie case of negligence; and the insurer may assert whatever potential defenses would be available to the uninsured motorist (because defenses could reduce or negate the “legal right” of recovery). The amount payable under a policy providing uninsured motorist coverage may be reduced by the following: amounts paid or payable (present value) under any workers’ compensation law; amounts paid or payable under the insured’s automobile medical payment insurance; and amounts recoverable from any other person insured under the liability policy of which the uninsured motorist coverage is a part. It would be best to seek personal assistance from a lawyer in order to guide you with your personal injury claim.

To read more, click here.