In a California personal injury case, if the plaintiff’s auto insurance policy includes uninsured/underinsured motorist (UM/UIM) coverage, it may provide compensation for injuries caused by a driver who either does not have insurance or whose insurance is insufficient to cover the full extent of the plaintiff’s damages. Uninsured motorist coverage applies when the defendant is at fault in an accident but does not carry any insurance, while underinsured motorist coverage comes into play when the at-fault driver has insurance, but their coverage is insufficient to fully compensate the plaintiff for their injuries and losses. This type of coverage can help pay for medical expenses, lost wages, and other damages up to the policy limits, ensuring that the plaintiff is not left without recourse if the at-fault party cannot fully compensate them.
However, it’s important for the plaintiff to verify the specifics of their policy. In California, UM/UIM coverage is optional, meaning that not all auto insurance policies automatically include it. If the plaintiff does not have this coverage, they will not be able to use it in the event of an accident involving an uninsured or underinsured driver. Additionally, California law requires that if a driver has UM/UIM coverage, they must be informed of the coverage limits and options for purchasing it when they first buy the policy. If the plaintiff has this coverage, they can file a claim with their own insurer for damages resulting from an uninsured or underinsured driver. However, disputes may arise if the plaintiff’s insurer and the at-fault driver’s insurance companies disagree on the amount of coverage or compensation, in which case the plaintiff may need to take legal action to resolve the issue.
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