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Insurance Code 11580.2 – Using Uninsured Motorist Coverage After a Crash

California requires all car insurance policies to include Uninsured Motorist coverage. It’s a protection for victims struck by uninsured drivers.

The safeguard enforced in California’s Insurance Code (INS) must be included in all auto insurance coverage. It’s there to help accident victims if they are forced into a crash by a driver with no insurance, unless they remove the protection.

INS 11580.2.  

  • (1) No policy of bodily injury liability insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle, except for policies that provide insurance in the Republic of Mexico issued or delivered in this state by nonadmitted Mexican insurers, shall be issued or delivered in this state to the owner or operator of a motor vehicle, or shall be issued or delivered by any insurer licensed in this state upon any motor vehicle then principally used or principally garaged in this state, unless the policy contains, or has added to it by endorsement, a provision with coverage limits at least equal to the limits specified in subdivision (m) and in no case less than the financial responsibility requirements specified in Section 16056 of the Vehicle Code insuring the insured, the insured’s heirs or legal representative for all sums within the limits that he, she, or they, as the case may be, shall be legally entitled to recover as damages for bodily injury or wrongful death from the owner or operator of an uninsured motor vehicle.

Uninsured Motorists Car Insurance Coverage

Unfortunately, California is one state that has a lot of uninsured motorists on its freeways.

The Insurance Information Institute (III) reported that 20.4% of all drivers on California roads aren’t insured. That placed it 8th on a 2023 ranking of the worst places for uninsured drivers among all 50 states. It’s estimated that 15.4% of all U.S. drivers aren’t insured.

To protect car accident victims, California vehicle code ensures that insured drivers have access to support after being struck by a driver that isn’t covered. Uninsured Motorist (UM) coverage and Underinsured Motorist (UIM) coverage are supposed to come standard with all car insurance policies.

Many drive around with this default protection without realizing it. In the event of an accident with someone with no insurance, UM coverage kicks in. You file a claim with your own car insurance provider. A UM claim can help you pay for your medical bills, replace your lost time at work, and help families who lose a loved one in a wrongful death accident.

See: What to Do If You Are Struck By an Uninsured Driver

Are My Car Repair Costs Covered by Uninsured Motorist Insurance?

Not always. Uninsured motorist property damage insurance doesn’t automatically come with all policies.

In most cases, drivers would have to add on collision insurance or another protection to get help with their repair bills.

Can I Decline Uninsured Motorist Coverage?

You can take your UM coverage off your policy to save money. But to decline the coverage, you must do so in writing.

Your insurer would give you a waiver agreement to sign. It would say that you are purposely refusing the Uninsured Motorist coverage. Of course, this can leave you very vulnerable to accidents in California. You can be struck by a careless motorist and end up facing the hospital bills from it yourself.

When You Might Need a Lawyer for Your Car Accident Case

If you’ve been seriously hurt by another driver’s mistake, say a broken bone or a neck or head injury, it’s a good idea to have an experienced lawyer on your side.

The costs of care will skyrocket, and car insurance companies (even your own agent) will make it harder for you to earn full compensation for your recovery costs. Your California Car Accident Lawyer gathers evidence to make sure the responsibility stays with the insurer.

Maison Law of California offers a free, no-obligation case consultation for all injured California accident victims. And when victims need our help, they don’t need to worry about how they’ll afford a lawyer. We require no payment unless we win your case for you. Then our fee comes out of the check the insurance company must write for you.