Uninsured Motorist

The Importance of Uninsured/Underinsured Motorist Coverage in California

March 5, 2019 | by Robert Walch

In California, the law requires that all drivers have liability insurance. However, unfortunately, this does not always prevent some drivers from driving without insurance coverage. In fact, according to the Insurance Information Institute, 15.2% of all California drivers do not have car insurance. This number becomes problematic if these drivers are involved in a car accident, especially if someone is harmed in the accident.

Uninsured and Underinsured Motorist Coverage

Uninsured/Underinsured motorist coverage is optional coverage you can add to your personal car insurance plan. This type of coverage is not required in the state of California, but it can be very helpful. Uninsured motorist coverage simply means that if you are injured in an accident caused by a driver without insurance, your own insurance will help cover the damages incurred by you and your passengers, up to your policy limits.

Hit and Run Accident Kills Compton Man Riding Bicycle

May 29, 2018 | by Robert Walch

According to KTLA News, police are looking for a driver of a hit and run vehicle that struck and killed a man in a tragic Compton bicycle accident. Apparently, the victim, Darnell Parker was cycling to a relative’s house just after midnight on May 20^th, when he was hit at Alondra Boulevard and Bradfield Avenue. The driver fled the area. Officers responded, and Parker was pronounced dead at the scene. Officers plan to check surveillance cameras in the area in hopes to get more information as to who the driver could be.

Parker’s family is left to deal with the tragic aftermath of his untimely death. His daughter-in-law, Tracy Brown, stated, “He has children that are gonna need him. They’re gonna miss out on very important things they can’t even share with their dad, and I just think it’s sad.” Continue Reading

$100,000 Settlement For Injured Driver in Indio Car Accident

March 10, 2016 | by Robert Walch

Our California personal injury lawyers recently settled an Indio car accident injury case for one hundred thousand dollars. In this claim, our client had very low medical bills and the insurance company attempted to claim that it was a minor rear end accident. The insurance company based its argument on the low property damage repair amount. We successfully argued that our client had a prior surgery and his condition was aggravated by this collision.

The party who hit our client only had $15,000 in insurance coverage, which is the minimum amount allowed by law in California. First, we did a policy limits demand and we were able to obtain the $15,000 policy limits from the other party. After that, we opened an underinsured motorist claim with our own client’s insurance company. We were then able to obtain the additional $85,000 maximum amount from our client’s coverage, as our client had $100,000 in uninsured motorist coverage and there is a write off for the $15,000 already obtained from the other party’s insurance.

Uber Adds Important New Liability Coverage for Drivers

March 25, 2014 | by Robert Walch

Uber, a leader in the ride-sharing business, where users order a driver to their location through use of a smartphone application, has increased the insurance coverage that it provides for Uber drivers. Prior to this move, according to the Los Angeles Times, the California Department of Insurance claimed that there was a gap in Uber’s insurance coverage, as it did not cover Uber drivers who were not carrying passengers.

With this change, Uber claims that it now will carry at least the minimum amount of liability insurance coverage for its drivers who cause auto accident injuries to other people. This is an important legal distinction that was highlighted in an Uber pedestrian accident in San Francisco, where a girl was killed after being struck by an Uber car. Uber has attempted to avoid liability for that California wrongful death accident by claiming that the driver was not carrying a passenger at the time, so not technically working for Uber.

The new policy will cover Uber drivers, not only when they are not carrying a passenger for Uber, but also when they are not even responding to an Uber pick-up request. This means that if a driver is available for an Uber pick-up, but merely driving around for whatever reason, if he or she causes an accident, Uber’s insurance will take responsibility.

Off Duty Police Officer Helps Save Man After Los Angeles Car Accident

December 26, 2013 | by Robert Walch

A Los Angeles car accident on Christmas day resulted in a vehicle fire on the southbound 405 freeway, near the interchange with the 101 freeway. After a car apparently collided with the center divider, an off duty LAPD officer who witnessed the crash stopped to assist. According to the Los Angeles Times, officer Thompson cut the victim’s seat-belt and attempted to free him from the burning car, before Thompson himself was overcome by the fire and smoke.

Fortunately, two other people stopped and helped and pulled Thompson and the other victim from the burning car. The car ended up fully engulfed by flames from the 405 freeway accident. A captain in the Los Angeles Fire Department said that Thompson’s actions probably saved the victim’s life.

It is still unclear exactly what caused this car accident in Los Angeles. Vehicles collide with guardrails and center dividers for many reasons. Sometimes it is due to driver inattentiveness and other times the accidents are caused by other vehicles that change lanes into the car without seeing it, pushing it into the divider.

Man Killed in Calabasas Bicycle Accident

July 14, 2012 | by Robert Walch

A bicycle accident in Calabasas resulted in the death of a male bicyclist, who is believed to be about 45 years old. The Calabasas bicycle accident occurred this morning, at about 9:20am, in the Santa Monica Mountains. According to the Los Angeles Times, the bicyclist apparently veered off of the road and ended up falling down a ravine.

The cause of this Calabasas bicycle accident wrongful death is still under investigation by the California Highway Patrol. At this point, it is too early to determine why this bicycle accident death occurred. Authorities will investigate whether the bike accident was caused by the negligence of the bicyclist, or if the negligence of a vehicle possibly caused the bicyclist to veer off the road and down the ravine.

In order to determine the cause of this California bicycle accident, it will be necessary to look for any witnesses who may have seen the bicyclist prior to the incident, or if they saw any speeding or recklessly driven vehicles at around the time of the bike crash. Investigators will also look for skid marks or any other indication of a vehicle contributing to the cause of this wrongful death accident.

Malibu Man Killed After Being Hit By Car on Ventura Freeway

March 2, 2011 | by Robert Walch

Hollywood animator, Jean-Maxime Perramon, was killed after he was hit by a car on the 101 Freeway, while checking on his Ferrari. According to the Los Angeles Times, Perramon apparently believed that metal had hit his 2010 Ferrari, so he pulled onto the shoulder of the Ventura Freeway to check on his car. As he was getting out of his car, Perramon apparently stepped into the slow lane and was hit by a Lexus.

According to the California Highway Patrol, the Lexus swerved into that lane, colliding with the man, while trying avoid colliding with another vehicle. Perramon was taken to Los Robles Hospital in Thousand Oaks where he passed away from his injuries from the accident.

If Mr. Perramon’s family brings a California wrongful death claim, there are many potential legal issues in this situation. First, the fault for the freeway accident must be determined. It is possible that multiple parties share liability, as the man should not have gotten out of his car on the freeway, the driver of the Lexus may have been able to avoid him and it is unknown what other cars may have played a role in causing the driver of the Lexus to feel the need to swerve to the right.

The man’s family may be able to bring a California uninsured motorist claim on the grounds that the unknown vehicle caused the accident or if the driver of the Lexus has no insurance. If the Lexus does not have enough insurance, there may be an underinsured motorist claim brought.

2 Police Officers Injured in Los Angeles Hit and Run Accident

February 15, 2011 | by Robert Walch

Two Los Angeles Police Department officers were injured when their vehicle was rear ended in Los Angeles. The two occupants of the car that rear ended the patrol car fled the scene and were not located by police.

The Los Angeles rear end accident happened near the intersection of Whitworth Drive and Fairfax Boulevard. According to the Los Angeles Times, the two officers who were injured in the accident sustained back and neck injuries and were treated at a local hospital.

This will likely be considered a work accident and the officers should be able to make a workers’ compensation claim for their injuries. Also, because the suspects left the vehicle and fled the scene on foot, police will be able to determine who the owner of the vehicle was. This will help investigators determine if the owner was involved in the Los Angeles car accident or if the car was stolen from the owner prior to the accident, in which case the owner may not bear any legal liability.

If the owner carried liability insurance, and was the driver or allowed someone else to drive the car, the police officers may make a bodily injury insurance claim against the owner’s insurance coverage. If no insurance is found, then the police officers may make a claim with their own uninsured motorist coverage, which may be covered by the police department for this type of situation.

Pedestrian Killed in Los Angeles Hit and Run Accident

January 30, 2011 | by Robert Walch

According to the Los Angeles Times, an 18 year old pedestrian has been killed in Los Angeles when she was struck by a pickup truck. The driver of the pickup truck, who apparently slowed down after hitting the woman, but did not stop, has been identified as a Latino man who had a large beard.

The hit and run auto v. pedestrian accident in Los Angeles occurred in the Vermont Vista neighborhood, in South Los Angeles. The woman was crossing Figueroa Street where it meets 66th street, at about 10:30pm, when she was hit by the car.

The woman was taken to California Hospital Medical Center, where she died of her injuries from this collision.

If the driver of the vehicle who hit the woman is not found, the family of the victim may still have a Los Angeles wrongful death claim, but it will need to be filed with uninsured motorist coverage (if any). If the victim, or, in some cases, a family member who she resides with, has uninsured motorist coverage, the uninsured motorist coverage may step in to take the place of the responsible driver. This only occurs if the driver is not found, if the driver is found but does not have insurance, or if he is found but does not have enough insurance and the value of the uninsured motorist coverage exceeds the liability coverage on the responsible party’s insurance.