Can I Use My Uninsured Motorist Coverage If I Am The Victim Of A Hit And Run Accident In California?

By Attorney Steven Sweat - As a California personal injury attorney, one of the more common scenarios I see is the “hit and run”. Oftentimes, because a driver does not have insurance, is illegally in the country or for other reasons, they flee the scene of an accident instead of stopping and exchanging information as required by law. If the victim of that accident is injured, what can they do. Well, one option is to submit the claim to his or her own auto insurance carrier under their uninsured motorist coverage.

Definition of Uninsured Vehicle

Under California law, "Uninsured motor vehicle" is defined as a vehicle which is not insured and/or a motor vehicle where the owner or operator is unknown, provided that, with respect to an uninsured motor vehicle whose owner or operator is unknown [Ins. Code § 11580.2(b)]: 

(1) The bodily injury has arisen out of physical contact of that automobile with the insured or with an automobile which the insured is occupying; and (2) The insured or someone on his or her behalf has done the following: Reported the accident within 24 hours to the police department of the city where the accident occurred, or, if the accident occurred in unincorporated territory, then either to the sheriff of the county where the accident occurred or to the local headquarters of the California Highway Patrol, and
  Filed with the insurer within 30 days thereafter a statement under oath that the insured or his or her legal representative has (or the insured's heirs have) a cause of action arising out of the accident for damages against a person or persons whose identity is unascertainable and set forth facts in support thereof.

 The requirements of actual contact between the hit and run vehicle and the insured vehicle and the filing of a police report within 24 hours of the incident were enacted to prevent fraud. Failure to show that these elements have been met may result in a denial of the claim. This makes it crucial to retain an attorney within a very short time frame following the hit and run accident.

Who Can Help?

An experienced car injury lawyer like Steven Sweat can assist the client with complying with all the requirements to submit a claim for medical expenses, pain and suffering, property damage and all other claims that the person could have made against the at fault driver to their own insurance company, assuming there is uninsured motorist coverage in the policy. Because California law mandates that such coverage be in every auto insurance policy unless it is waived in writing, this provides a likely avenue of recovery.

Sources:

Treatise on UM UIM