San Bernardino Uninsured Driver Accident Lawyer

Discovering the at-fault driver lacks insurance after your San Bernardino accident adds frustration to an already difficult situation.

You face mounting medical bills, vehicle repairs, and lost wages while the responsible party has no coverage to compensate you for these losses.

California law provides specific protections for accident victims in your position through California uninsured motorist coverage, which offers substantial benefits when the at-fault driver lacks insurance.

Your own insurance policy contains provisions designed exactly for this scenario, allowing you to recover compensation even when the negligent driver carries no liability coverage. Understanding these options and navigating the car accident settlement process in California requires experienced legal guidance to ensure you receive every dollar you deserve.

Our San Bernardino uninsured driver accident lawyers have spent decades helping residents maximize their recovery after uninsured driver accidents. We understand how insurance companies pay little possible on uninsured motorist claims and know how to counter their tactics effectively.

Our uninsured driver accident attorneys in San Bernardino work directly with you to build compelling evidence, negotiate aggressively with your insurance carrier, and pursue all available compensation through your policy’s coverage.

Do I Have a Case Against an Uninsured Driver?

Yes, you can pursue compensation even when the at-fault driver has no insurance. Your path to recovery lies through your own auto insurance policy’s Uninsured Motorist coverage, commonly called UM coverage.

California law requires all insurance companies to offer UM coverage to their customers. Unless you specifically rejected this coverage in writing, your policy likely includes this protection.

How UM and UIM Coverage Works in California

Uninsured Motorist coverage and Underinsured Motorist coverage serve different but related purposes. UM coverage applies when the at-fault driver carries no liability insurance whatsoever. UIM coverage kicks in when the negligent driver has some insurance, but their policy limits fall short of covering your total damages.

California law requires drivers to carry minimum liability auto insurance. If your medical bills and other losses exceed these amounts, UIM coverage can bridge the gap up to your policy’s limits.

Your UM and UIM coverages essentially substitute for the insurance the at-fault driver should have carried. This means you can pursue the same types of compensation you would seek from a properly insured negligent driver.

Does UM Cover Hit and Run Accidents?

Your UM coverage does protect you in hit-and-run situations where the driver flees the scene, and a San Bernardino uninsured driver accident lawyer can help you navigate these complex claims. California treats phantom drivers who cannot be identified the same as uninsured drivers under the law.

However, strict reporting requirements apply to hit-and-run claims. You must notify police immediately if injuries occurred, or within 24 hours for property damage only accidents. Missing these deadlines can jeopardize your entire claim.

The police report becomes crucial evidence in hit-and-run cases. Without proper documentation, your insurance company may dispute whether the accident actually happened or question the extent of your injuries, making it crucial to know what to do after a hit and run car accident.

What if You Were Uninsured? Proposition 213 Limits

California’s Proposition 213 restricts the compensation available to drivers who lack their own auto insurance. Even when another driver causes your accident, being uninsured yourself affects your recovery options.

You can still collect economic damages under Proposition 213:

• Medical expenses: All reasonable and necessary treatment costs
• Lost wages: Income you missed due to your injuries
• Property damage: Repair or replacement costs for your vehicle

Non-economic damages remain off-limits for uninsured drivers. This means you cannot recover compensation for pain, suffering, emotional distress, or loss of life enjoyment. Limited exceptions exist, such as when the at-fault driver was convicted of drunk driving.

What Damages Can You Recover Through UM and UIM Coverage?

UM and UIM policies provide the same compensation you would receive from a properly insured at-fault driver. Your coverage should make you whole for all accident-related losses.

Available damages through your UM/UIM policy include medical expenses for current and future treatment needs. Lost income encompasses both wages you’ve already missed and reduced earning capacity going forward. Pain and suffering compensation addresses the physical discomfort and emotional distress your injuries caused.

Property damage coverage varies by policy, but many UM policies exclude vehicle damage. You may need separate Uninsured Motorist Property Damage coverage or collision coverage to repair your car.

How We Prove Your UM and UIM Claim

UM and UIM claims require proving both fault and insurance status. You must demonstrate that another driver caused your accident and that they lacked adequate insurance coverage. This process essentially makes your own insurance company your adversary.

Our investigation begins immediately after you contact our San Bernardino uninsured driver accident lawyers. We gather police reports, interview witnesses, and document the accident scene before evidence disappears.

Medical records and expert testimony establish the full extent of your injuries and future needs.

Insurance companies often dispute fault in UM cases since they cannot shift blame to another insurer. We build compelling evidence that leaves no doubt about who caused your accident and why they owe you compensation.

What to Do After a Hit and Run or Uninsured Driver Crash

Call 911 and Seek Medical Attention

Emergency medical care protects your health and creates official documentation of your injuries. Even minor symptoms can indicate serious underlying damage that worsens without treatment.

Report the Accident to Police Immediately

Police reports provide independent verification of your accident and injuries. For hit-and-run cases, this report becomes essential evidence for your UM claim.

Document Everything at the Scene

Photograph vehicle damage, the accident location, and any visible injuries. Collect contact information from witnesses who saw what happened. These details become crucial when insurance companies question your account.

Contact Your Insurance Company

You must report the accident to your insurer, but avoid giving recorded statements without legal guidance. Insurance adjusters use these statements to minimize your claim value.

Call Krasney Law Accident Attorneys Before Signing Documents

Insurance companies often pressure accident victims to accept quick settlements before the full extent of injuries becomes clear. At Krasney Law Accident Attorneys, we review any offers to ensure they fairly compensate you for all current and future losses.

Don’t let an uninsured driver leave you facing medical bills alone. Contact us today for a free consultation.

How Long Do You Have to File a UM and UIM Claim?

California’s statute of limitations gives you two years from the accident date to file a personal injury lawsuit. However, your insurance policy contains much shorter deadlines for specific claim requirements.

Most policies require you to report accidents within a reasonable time, often 30 days or less. Arbitration demands typically must be made within a specific timeframe after claim denial. Missing these policy deadlines can eliminate your right to compensation entirely.

Time limits vary significantly between insurance companies and policy types. We review your specific policy language to identify all applicable deadlines and ensure compliance.

Will Using UM and UIM Coverage Raise Your Insurance Rates?

California law prohibits insurance companies from increasing your rates for not-at-fault UM or UIM claims. Insurance Code Section 1861.02 specifically protects consumers from rate penalties when they use coverage they’ve paid for through their premiums.

Your insurance company cannot treat UM/UIM claims the same as at-fault accidents. Using this coverage should not affect your future rates or policy renewal eligibility.

Property Damage Recovery Without At-Fault Driver Insurance

Uninsured Motorist Property Damage coverage can pay for vehicle repairs after a hit-and-run, but it often includes a deductible that may make it impractical for minor damage. This high deductible often makes UMPD coverage impractical for minor damage claims.

Collision coverage typically offers better protection for property damage with much lower deductibles. If you carry both coverages, collision usually provides the more favorable option for vehicle repairs.

Without either coverage, recovering property damage becomes extremely difficult. You would need to locate and successfully sue the uninsured driver personally, which often proves futile.

How Krasney Law Accident Attorneys Maximizes Uninsured Driver Claims

Insurance companies handle UM and UIM claims differently than third-party liability claims. Your own insurer becomes your opponent, looking for ways to minimize payouts and protect their bottom line.

We level the playing field by thoroughly investigating your case and accurately valuing all damages. Our experience with UM/UIM claims helps us anticipate insurance company tactics and counter their arguments effectively.

Medical lien negotiations often recover thousands of additional dollars for our clients. When policy limits cannot cover all damages, reducing medical bills maximizes your net recovery.

What It Costs to Hire Our San Bernardino Attorneys

Krasney Law handles all personal injury cases on a contingency fee basis. You pay no attorney fees unless we successfully recover money for you through settlement or trial verdict.

Our “no recovery, no fee” promise means you can afford experienced legal representation without upfront costs. We advance all case expenses and only collect fees from your eventual recovery.

Initial consultations are always free, giving you the opportunity to understand your rights without financial commitment. We believe everyone deserves access to quality legal representation regardless of their current financial situation.

Our Results in Uninsured and Underinsured Motorist Cases

Decades of experience handling UM and UIM claims throughout San Bernardino and California have taught us how to maximize recovery for accident victims. We understand the unique challenges these cases present and know how to overcome insurance company resistance.

Recent case results demonstrate our commitment to fighting for full compensation. We secured a substantial settlement for a client injured by an underinsured driver, ensuring their long-term medical needs received proper funding. Another case involved successfully litigating a complex hit-and-run claim where the insurance company initially denied coverage entirely.

Client testimonials reflect our dedication to personal service and aggressive advocacy, demonstrating why you should hire a personal injury attorney after an uninsured driver accident. One recent client noted how our case manager patiently answered all questions without pressure to sign up, making the entire process stress-free.

Free Consultation for San Bernardino Accident Victims

We invite you to our San Bernardino office to discuss your uninsured driver accident case at no cost. This consultation allows us to evaluate your claim and explain your options without any obligation.

Bring any available documents to make the most of your consultation time. Police reports, insurance policies, medical records, and accident scene photos help us quickly assess your case strength.

Our San Bernardino office serves accident victims throughout the Inland Empire region. We understand local roads, common accident locations, and how area insurance companies handle claims.

Don’t wait to protect your rights after an uninsured driver accident. Contact us now for your free consultation with experienced San Bernardino car accident lawyers.

Are Big Law Firms Better for UM and UIM Cases?

Large personal injury firms handle hundreds or thousands of cases simultaneously. Your uninsured motorist claim can easily get lost in their high-volume operations.

At Krasney Law Accident Attorneys, we maintain direct, one-on-one relationships with every client. Your case receives personal attention from experienced attorneys who know your specific circumstances and needs.

Our firm focuses on personal injury law and has built its reputation through dedicated service to accident victims. Our San Bernardino headquarters allows us to serve clients throughout California while maintaining the personal touch that sets us apart.

Frequently Asked Questions About UM and UIM Claims

Does UM Coverage Apply to Hit and Run Accidents in California?

Yes, California law treats hit-and-run accidents as uninsured motorist claims when the fleeing driver cannot be identified. You must report the incident to police within required timeframes to preserve your coverage rights.

How Quickly Must I Report a Hit and Run to Police for UM Coverage?

California requires immediate police notification for injury accidents, and property-damage-only incidents generally require stopping and exchanging information and, if they meet reporting thresholds, filing a report with the DMV within 10 days. Delayed reporting can give your insurance company grounds to deny your UM claim.

Do I Need to Collect from the At-Fault Driver Before UIM Pays?

Yes, you must exhaust the at-fault driver’s liability limits before your Underinsured Motorist coverage applies. UIM coverage only pays the difference between their limits and your total damages.

How Does California Handle UIM Coverage Setoffs?

California uses limits minus limits setoff calculation, meaning your UIM coverage is reduced by the amount of the at-fault driver’s liability coverage, not the amount you actually collected.

Will My Insurance Rates Increase if I Use UM or UIM Coverage?

No, California Insurance Code Section 1861.02 prohibits rate increases for not-at-fault UM/UIM claims. Using coverage you’ve paid for cannot result in premium penalties.

Can I Stack UM Coverage from Multiple Vehicles or Policies?

California generally prohibits stacking UM/UIM coverage unless your policy specifically allows it. Most standard policies limit coverage to the highest single vehicle limit on your policy.

Can Uninsured Drivers Recover Pain and Suffering Damages?

No, California’s Proposition 213 prevents uninsured drivers from recovering non-economic damages like pain and suffering. You can still claim economic damages for medical bills and lost wages.

Does UMPD Cover Vehicle Damage in Hit and Run Cases?

Uninsured Motorist Property Damage coverage applies to hit-and-run accidents with a $3,500 deductible. You must report to police within 24 hours and the other driver must remain unidentified.

Can UM and UIM Disputes Go to Court or Must They Be Arbitrated?

Most insurance policies require binding arbitration for UM/UIM disputes rather than court trials. Arbitration typically moves faster than litigation but limits some procedural rights.

Can You Negotiate Medical Liens When Policy Limits Are Low?

Yes, we regularly negotiate with hospitals and medical providers to reduce liens when insurance limits cannot cover all damages. This negotiation maximizes the net recovery you receive from your settlement.