Important Questions and Answers Regarding Uninsured Motorist Coverage and Claims In California

Uninsured Motorists - The Answers to Six Important Questions About Your Automobile Insurance Policy

Uninsured Motorists
The Answers to Six Important Questions About Your Automobile Insurance Policy

UNINSURED MOTORISTS

Approximately one out of every three drivers on California Roads today is uninsured or inadequately insured. These "uninsured motorists" typically drive the most unreliable and unsafe cars, and are the least careful drivers. Nearly one out of every two-car accidents is caused by an uninsured or inadequately insured driver.

What can you do to protect yourself financially from them?

WHAT IS UNINSURED MOTORIST COVERAGE?

Uninsured (including underinsured) motorist coverage is a part of almost every automobile policy sold in California. Your uninsured motorist coverage is designed to compensate you for a loss which you sustain, and which is caused by a driver who is uninsured, or inadequately insured.

Your insurance company is required by law to include uninsured motorist coverage as part of every automobile policy written, unless you specifically decline it, in writing. Coverage is usually designated on the face page of your automobile insurance policy by the letter or letters "U" or "UM".

WHO IS INSURED BY MY UNINSURED MOTORIST POLICY?

When you purchase uninsured motorist coverage as part of a policy, it affords coverage for you and all members of your family who reside in your household with you. It would also include any minor children of yours who do not reside with you or your children who are away at college.

You do not have to be an automobile driver or passenger in order to be eligible for benefits. Your automobile UM policy applies even if you were a pedestrian, bicyclist, motorcyclist, or bystander, so long as the motorist who caused your injuries was uninsured or underinsured.

Your uninsured motorist coverage also applies for the benefit of other passengers in your car or other people driving your car with your permission, and who are injured by an uninsured or underinsured driver.

WHEN DOES AN UNINSURED MOTORIST POLICY APPLY?

Uninsured motorist vehicle coverage comes into play whenever anyone who is insured is injured by a driver who is uninsured or underinsured (does not have enough insurance to pay for the damages caused). As regards a claim for injuries, an uninsured driver includes a hit-and-run driver, so long as there is some actual contact from the hit-and-run driver's vehicle. (Note: However, an unidentified hit-and -run driver is not considered an "uninsured motorist" for the purpose of damage to your car.")

Underinsured motorist coverage only applies if the other driver's liability limits are lower than your uninsured coverage limits. Thus, if the driver who causes the accident has a liability policy of $30,000.00 per person, you are not entitled to any uninsured or underinsured motorist benefits if your uninsured motorist coverage is for $30,000.00 per person/$60,000.00 aggregate. If, however, you have uninsured motorist coverage of $100,000.00 per person/$300,000.00 aggregate, you could receive up to the $70,000.00 difference from your own company for an injury to one person, and up to $240,000.00 additional insurance from your own company if there were injuries to three or more of your family members, or passengers in your car.

WHAT LOSSES ARE COVERED?

Uninsured motorist coverage is intended to compensate you for both your financial and your non-financial losses which you sustain, and for which you have a legal claim as a result of the negligence of an uninsured, underinsured, or hit-and-run driver. Your financial losses would include any medical expenses which you reasonably required as a result of such an incident, any loss of income or earnings, any diminution in your ability to earn money in the future, or any assorted out-of-pocket expenses such as household and related help and assistance.

Non-financial damages include such elements as loss of ability to enjoy or engage in certain activities as a result of injuries, pain and suffering, and other such subjective losses for which you are entitled to monetary compensation under the law. There is usually no exact way of pinpointing an appropriate amount of compensation for this factor, but insurance people and attorneys are often able to come to an accommodation based upon the severity of the injury, whether it fully heals, what kinds of treatment are necessary and how much time is required in order to achieve an optimum recovery.

HOW MUCH UNINSURED MOTORIST COVERAGE MUST MY INSURANCE COMPANY OFFER ME?

Your insurance company is only required to issue uninsured motorist policy in a minimum amount of $30,000.00 per person/ $60,000.00 aggregate, regardless of the fact that you might be purchasing a much higher liability policy (policy which pays others for their injuries when you are at fault). Furthermore, if your liability policy is less than $30,000.00/$60,000.00, your insurance company will only issue UM coverage in a matching amount. Thus, if you have a $15,000.00/$30,000.00 liability policy, your insurance company will offer uninsured motorist coverage for only $15,000.00/$30,000.00.

However, many, if not most insurance companies will allow you to purchase uninsured motorist benefits in an amount equal to your liability policy. Thus, if you have a $100,000.00/$300,000.00 liability policy for example, you usually will be able to purchase uninsured motorist benefits in that amount as well.

CAUTION: Many insurance companies will automatically issue a $30,000.00/$60,000.00 policy of uninsured motorist benefits when issuing a policy with higher liability limits. If this happens to you, contact your broker immediately and find out how much more it would cost to have your uninsured motorist benefits raised to match your liability policy limit.

HOW MUCH UNINSURED MOTORIST COVERAGE DO I NEED?

This of course is a very personal question, and there is no one correct answer. To some extent, the amount that you need will be tied in to the amount of liability insurance that you can afford.

Also, if you are a high-income earner, and a prolonged injury would substantially impair your earning capacity, you should have substantial UM protection.

In any event, no prudent person should have less than $100,000.00 per person/$300,000.00 aggregate of this sort of protection. Of course, this will mean that your liability policy needs to be written in that amount as well. The cost of purchasing this coverage may be a stretch financially for some people. However, the current situation existing in the State of California, makes an uninsured motorist protection of less than $100,000.00 per person/$300,000.00 aggregate extremely risky and if you can afford it, you should obtain even a higher limit.

Keeping these suggested limits in mind, a good rule of thumb would be - let your uninsured motorist coverage match your liability coverage. Obtain at least as much protection for yourself and your family as you purchase for the protection of others.

For those of you who are homeowners, you might also ask your broker about umbrella policies, which, in addition to providing all sorts of excess liability protection, often offer excess uninsured motorist protection for you as well.

Uninsured Motorist Claims in California

California uninsured motorist claim information.

Uninsured Motorist Coverage in California: What is it and why is it important?

Of all the insurance coverages on your California auto insurance policy uninsured/underinsured motorist coverage is the most critical. Since vehicles can be sold without an insurance policy in place to protect those who may be injured, by such a conveyance, or insured for minimal limits and/or inadequate limits, it is vital that there be some way to assure that victims of such an event have some recourse.  These instances are when the “uninsured/underinsured motorist coverage” on your auto insurance policy comes into play. 

“Uninsured/underinsured motorist bodily injury liability coverage” must be included in all auto insurance policies, unless the “named insured” rejects the coverage in writing. Minimum limits in California are $15,000 for any one person and $30,000 for any one “crash”. 

It is highly inadvisable to waive your “uninsured/underinsured motorist bodily injury liability coverage”, since this coverage protects you, your family and guests riding in your vehicle.  If you review the cost of the coverages on your auto insurance policy, you will notice that the cost is lower, than the same amount in coverage limits, for auto liability bodily injury coverage.

“Uninsured/underinsured motorist coverage” is unusual, in that it is a “first party” coverage (i.e. applying to the parties for whom the policy is written) and simultaneously is “fault based” (i.e. only applies if an uninsured/underinsured vehicle driver is at fault).  The policy limits for the “uninsured/underinsured motorist bodily injury coverage”, usually mirror the auto liability bodily injury coverage on the policy.

Coverage applies to the “named insured”, family members, and/or persons given permission to drive the vehicle/vehicles on the policy, as well as any guest occupants of these vehicle/vehicles. If an insured, or member of the family, is struck as a pedestrian, this coverage also applies.  There is even coverage, if a pedestrian or an insured vehicle, is struck by a “hit and run” vehicle.

“Underinsured motorist bodily injury coverage” only applies if the auto liability bodily injury limits on the responsible party’s vehicle are lower than the UIMBI limits on your policy.

There are two parts to “uninsured/underinsured motorist coverage”.  Part one is a “bodily injury” component and part two covers “car damage”.  Part two is not mandatory coverage.  Furthermore you would only purchase uninsured motorist property damage for a vehicle which is not insured for collision coverage.  All other vehicles would only be eligible for the UMPD collision damage waiver.

Under part number one; if there is an injury due to an uninsured vehicle, the lack of insurance must first be verified, for a claim to be paid.  If the injury is due to a “hit and run” vehicle a police report must be filed, to document the occurrence.  A vehicle which is insured, via a bond placed with the Department of Motor Vehicles of the owner’s state, instead of an insurance policy, is not “uninsured”.  In California depositing $35,000 in cash with the DMV is also a method of “insuring” a vehicle.

If a vehicle or driver is ”underinsured” it must be verified that the automobile liability coverage on the responsible party’s vehicle is not enough to cover the full amount of the claim.  At that point the insurance coverage of your policy comes into play. Insurance follows the vehicle, however if the owner of the responsible vehicle is not insured and the responsible driver is, the driver’s insurance policy must respond to a auto bodily injury claim, before a “uninsured motorist claim” is made.  Your policy will not pay for amounts also paid by another insurance policy.

In addition, if a workers compensation or disability benefits claim applies your policy will not respond. Under part number two;  coverage applies only to auto physical damage caused by a crash.  If your vehicle is insured for collision coverage, this coverage only waives the deductible.  However, if you have not insured the vehicle for collision coverage, the “uninsured/underinsured motorist car damage coverage” is limited to the fair market cash value of the vehicle, up to a limit of $3,500.

Due to the highly contentious nature of “uninsured/underinsured motorist coverage”, there often is an arbitration provision built into the coverage provisions of this section of the policy. This means that if a dispute arises the policyholder can not sue his/her insurance carrier in court but, can demand arbitration of the claim with his insurance carrier.  An arbitration is a legal proceeding heard by a neutral third party who is usually a retired judge or attorney that can decide what the claim is worth and award damages to the injured party.

There are many scenarios which can occur in an “uninsured or underinsured motorist claim”, that are so complex that extrapolations would be difficult to provide in advance.  If involved in an “uninsured or underinsured motorist claim”, reading through the provisions of this section of the policy with your particular circumstances in mind, will give you the best answers on the applicability of coverage.  Reviewing this with an experience California personal injury attorney familiar with uninsured motorists claims and the arbitration process is the best way to determine what your rights are for recovery on your uninsured motorist coverage.

California Law Requires That ALL Auto Insurance Policies Contain Uninsured Motorist Coverage Unless It is Waived In Writing

In a prior post, I re-printed California Insurance Code 11580.2, which sets forth the requirement that each and every insurance policy in California must contain coverage for bodily injury in the same amount as the baseline coverage for uninsured motorist coverage unless it is waived, in writing and with very specific language.  Every driver in California of a car, motorcycle or truck should check their own policy and ask their insurance broker whether they "waived" their uninsured motorist coverage or whether it is in place.

Due to the poor economy, more and more drivers in California are driving without insurance.  This makes is crucial to have California uninsured motorist liability coverage in your California automobile insurance policy.  If you have this coverage and are involved in an accident where you are injured by an uninsured motorist, this allows you to submit your accident and injury claim to your own insurance carrier for payment of medical bills (present and future), lost wages or earnings and pain and suffering.

If you or someone you know has been involved in an accident with injuries caused by an uninsured motorist in California, you should contact the California uninsured accident and injury attorneys and lawyers at Glotzer & Sweat, LLP at our California uninsured accident and injury claim hotline (Statewide Toll Free #866-229-0101) or visit our website: http://www.victimslawyer.com

California Insurance Code 11580.2: Uninsured Motorist Coverage

§ 11580.2.  Uninsured motor vehicles; Underinsured motor vehicles



(a) 

 (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. The insurer and any named insured, prior to or subsequent to the issuance or renewal of a policy, may, by agreement in writing, in the form specified in paragraph (2) or paragraph (3), (1) delete the provision covering damage caused by an uninsured motor vehicle completely, or (2) delete the coverage when a motor vehicle is operated by a natural person or persons designated by name, or (3) agree to provide the coverage in an amount less than that required by subdivision (m) but not less than the financial responsibility requirements specified in Section 16056 of the Vehicle Code. Any of these agreements by any named insured or agreement for the amount of coverage shall be binding upon every insured to whom the policy or endorsement provisions apply while the policy is in force, and shall continue to be so binding with respect to any continuation or renewal of the policy or with respect to any other policy that extends, changes, supersedes, or replaces the policy issued to the named insured by the same insurer, or with respect to reinstatement of the policy within 30 days of any lapse thereof. A policy shall be excluded from the application of this section if the automobile liability coverage is provided only on an excess or umbrella basis. Nothing in this section shall require that uninsured motorist coverage be offered or provided in any homeowner policy, personal and residents' liability policy, comprehensive personal liability policy, manufacturers' and contractors' policy, premises liability policy, special multiperil policy, or any other policy or endorsement where automobile liability coverage is offered as incidental to some other basic coverage, notwithstanding that the policy may provide automobile or motor vehicle liability coverage on insured premises or the ways immediately adjoining.

 (2) The agreement specified in paragraph (1) to delete the provision covering damage caused by an uninsured motor vehicle completely or delete the coverage when a motor vehicle is operated by a natural person or persons designated by name shall be in the following form:

 "The California Insurance Code requires an insurer to provide uninsured motorists coverage in each bodily injury liability insurance policy it issues covering liability arising out of the ownership, maintenance, or use of a motor vehicle. Those provisions also permit the insurer and the applicant to delete the coverage completely or to delete the coverage when a motor vehicle is operated by a natural person or persons designated by name. Uninsured motorists coverage insures the insured, his or her heirs, or legal representatives for all sums within the limits established by law, that the person or persons are legally entitled to recover as damages for bodily injury, including any resulting sickness, disease, or death, to the insured from the owner or operator of an uninsured motor vehicle not owned or operated by the insured or a resident of the same household. An uninsured motor vehicle includes an underinsured motor vehicle as defined in subdivision (p) of Section 11580.2 of the Insurance Code."

 The agreement may contain additional statements not in derogation of or in conflict with the foregoing. The execution of the agreement shall relieve the insurer of liability under this section while the agreement remains in effect.

 (3) The agreement specified in paragraph (1) to provide coverage in an amount less than that required by subdivision (m) shall be in the following form:

 "The California Insurance Code requires an insurer to provide uninsured motorists coverage in each bodily injury liability insurance policy it issues covering liability arising out of the ownership, maintenance, or use of a motor vehicle. Those provisions also permit the insurer and the applicant to agree to provide the coverage in an amount less than that required by subdivision (m) of Section 11580.2 of the Insurance Code but not less than the financial responsibility requirements. Uninsured motorists coverage insures the insured, his or her heirs, or legal representatives for all sums within the limits established by law, that the person or persons are legally entitled to recover as damages for bodily injury, including any resulting sickness, disease, or death, to the insured from the owner or operator of an uninsured motor vehicle not owned or operated by the insured or a resident of the same household. An uninsured motor vehicle includes an underinsured motor vehicle as defined in subdivision (p) of Section 11580.2 of the Insurance Code."

 The agreement may contain additional statements not in derogation of or in conflict with this paragraph. However, it shall be presumed that an application for a policy of bodily injury liability insurance containing uninsured motorist coverage in an amount less than that required by subdivision (m), signed by the named insured and approved by the insurer, with a policy effective date after January 1, 1985, shall be a valid agreement as to the amount of uninsured motorist coverage to be provided.

(b) As used in subdivision (a), "bodily injury" includes sickness or disease, including death, resulting therefrom; "named insured" means only the individual or organization named in the declarations of the policy of motor vehicle bodily injury liability insurance referred to in subdivision (a); as used in subdivision (a) if the named insured is an individual "insured" means the named insured and the spouse of the named insured and, while residents of the same household, relatives of either while occupants of a motor vehicle or otherwise, heirs and any other person while in or upon or entering into or alighting from an insured motor vehicle and any person with respect to damages he or she is entitled to recover for care or loss of services because of bodily injury to which the policy provisions or endorsement apply; as used in subdivision (a), if the named insured is an entity other than an individual, "insured" means any person while in or upon or entering into or alighting from an insured motor vehicle and any person with respect to damages he or she is entitled to recover for care or loss of services because of bodily injury to which the policy provisions or endorsement apply. As used in this subdivision, "individual" shall not include persons doing business as corporations, partnerships, or associations. As used in this subdivision, "insured motor vehicle" means the motor vehicle described in the underlying insurance policy of which the uninsured motorist endorsement or coverage is a part, a temporary substitute automobile for which liability coverage is provided in the policy or a newly acquired automobile for which liability coverage is provided in the policy if the motor vehicle is used by the named insured or with his or her permission or consent, express or implied, and any other automobile not owned by or furnished for the regular use of the named insured or any resident of the same household, or by a natural person or persons for whom coverage has been deleted in accordance with subdivision (a) while being operated by the named insured or his or her spouse if a resident of the same household, but "insured motor vehicle" shall not include any automobile while used as a public or livery conveyance. As used in this section, "uninsured motor vehicle" means a motor vehicle with respect to the ownership, maintenance or use of which there is no bodily injury liability insurance or bond applicable at the time of the accident, or there is the applicable insurance or bond but the company writing the insurance or bond denies coverage thereunder or refuses to admit coverage thereunder except conditionally or with reservation, or an "underinsured motor vehicle" as defined in subdivision (p), or a motor vehicle used without the permission of the owner thereof if there is no bodily injury liability insurance or bond applicable at the time of the accident with respect to the owner or operator thereof, or the owner or operator thereof be unknown, provided that, with respect to an "uninsured motor vehicle" whose owner or operator is unknown:

 (1) The bodily injury has arisen out of physical contact of the automobile with the insured or with an automobile that the insured is occupying.

 (2) The insured or someone on his or her behalf has 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 has 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. As used in this section, "uninsured motor vehicle" shall not include a motor vehicle owned or operated by the named insured or any resident of the same household or self-insured within the meaning of the Financial Responsibility Law of the state in which the motor vehicle is registered or that is owned by the United States of America, Canada, a state or political subdivision of any of those governments or an agency of any of the foregoing, or a land motor vehicle or trailer while located for use as a residence or premises and not as a vehicle, or any equipment or vehicle designed or modified for use primarily off public roads, except while actually upon public roads.

 As used in this section, "uninsured motor vehicle" also means an insured motor vehicle where the liability insurer thereof is unable to make payment with respect to the legal liability of its insured within the limits specified therein because of insolvency. An insurer's solvency protection shall be applicable only to accidents occurring during a policy period in which its insured's motor vehicle coverage is in effect where the liability insurer of the tortfeasor becomes insolvent within one year of the accident. In the event of payment to any person under the coverage required by this section and subject to the terms and conditions of the coverage, the insurer making the payment, shall to the extent thereof, be entitled to any proceeds that may be recoverable from the assets of the insolvent insurer through any settlement or judgment of the person against the insolvent insurer.

 Nothing in this section is intended to exclude from the definition of an uninsured motor vehicle any motorcycle or private passenger-type four-wheel drive motor vehicle if that vehicle was subject to and failed to comply with the Financial Responsibility Law of this state.

(c) The insurance coverage provided for in this section does not apply either as primary or as excess coverage:

 (1) To property damage sustained by the insured.

 (2) To bodily injury of the insured while in or upon or while entering into or alighting from a motor vehicle other than the described motor vehicle if the owner thereof has insurance similar to that provided in this section.

 (3) To bodily injury of the insured with respect to which the insured or his or her representative shall, without the written consent of the insurer, make any settlement with or prosecute to judgment any action against any person who may be legally liable therefor.

 (4) In any instance where it would inure directly or indirectly to the benefit of any workers' compensation carrier or to any person qualified as a self-insurer under any workers' compensation law, or directly to the benefit of the United States, or any state or any political subdivision thereof.

 (5) To establish proof of financial responsibility as provided in Section 16054 of the Vehicle Code.

 (6) To bodily injury of the insured while occupying a motor vehicle owned by an insured or leased to an insured under a written contract for a period of six months or longer, unless the occupied vehicle is an insured motor vehicle. "Motor vehicle" as used in this paragraph means any self-propelled vehicle.

 (7) To bodily injury of the insured when struck by a vehicle owned by an insured, except when the injured insured's vehicle is being operated, or caused to be operated, by a person without the injured insured's consent in connection with criminal activity that has been documented in a police report and that the injured insured is not a party to.

 (8) To bodily injury of the insured while occupying a motor vehicle rented or leased to the insured for public or livery purposes.

(d) Subject to paragraph (2) of subdivision (c), the policy or endorsement may provide that if the insured has insurance available to the insured under more than one uninsured motorist coverage provision, any damages shall not be deemed to exceed the higher of the applicable limits of the respective coverages, and the damages shall be prorated between the applicable coverages as the limits of each coverage bear to the total of the limits.

(e) The policy or endorsement added thereto may provide that if the insured has valid and collectible automobile medical payment insurance available to him or her, the damages that the insured shall be entitled to recover from the owner or operator of an uninsured motor vehicle shall be reduced for purposes of uninsured motorist coverage by the amounts paid or due to be paid under the automobile medical payment insurance.

(f) The policy or an endorsement added thereto shall provide that the determination as to whether the insured shall be legally entitled to recover damages, and if so entitled, the amount thereof, shall be made by agreement between the insured and the insurer or, in the event of disagreement, by arbitration. The arbitration shall be conducted by a single neutral arbitrator. An award or a judgment confirming an award shall not be conclusive on any party in any action or proceeding between (i) the insured, his or her insurer, his or her legal representative, or his or her heirs and (ii) the uninsured motorist to recover damages arising out of the accident upon which the award is based. If the insured has or may have rights to benefits, other than nonoccupational disability benefits, under any workers' compensation law, the arbitrator shall not proceed with the arbitration until the insured's physical condition is stationary and ratable. In those cases in which the insured claims a permanent disability, the claims shall, unless good cause be shown, be adjudicated by award or settled by compromise and release before the arbitration may proceed. Any demand or petition for arbitration shall contain a declaration, under penalty of perjury, stating whether (i) the insured has a workers' compensation claim; (ii) the claim has proceeded to findings and award or settlement on all issues reasonably contemplated to be determined in that claim; and (iii) if not, what reasons amounting to good cause are grounds for the arbitration to proceed immediately. The arbitration shall be deemed to be a proceeding and the hearing before the arbitrator shall be deemed to be the trial of an issue therein for purposes of issuance of a subpoena by an attorney of a party to the arbitration under Section 1985 of the Code of Civil Procedure. Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure shall be applicable to these determinations, and all rights, remedies, obligations, liabilities and procedures set forth in Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure shall be available to both the insured and the insurer at any time after the accident, both before and after the commencement of arbitration, if any, with the following limitations:

 (1) Whenever in Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure, reference is made to the court in which the action is pending, or provision is made for application to the court or obtaining leave of court or approval by the court, the court that shall have jurisdiction for the purposes of this section shall be the superior court of the State of California, in and for any county that is a proper county for the filing of a suit for bodily injury arising out of the accident, against the uninsured motorist, or any county specified in the policy or an endorsement added thereto as a proper county for arbitration or action thereon.

 (2) Any proper court to which application is first made by either the insured or the insurer under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure for any discovery or other relief or remedy, shall thereafter be the only court to which either of the parties shall make any applications under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure with respect to the same accident, subject, however, to the right of the court to grant a change of venue after a hearing upon notice, upon any of the grounds upon which change of venue might be granted in an action filed in the superior court.

 (3) A deposition pursuant to Chapter 9 (commencing with Section 2025.010) of Title 4 of Part 4 of the Code of Civil Procedure may be taken without leave of court, except that leave of court, granted with or without notice and for good cause shown, must be obtained if the notice of the taking of the deposition is served by either party within 20 days after the accident.

 (4) Subdivision (a) of Section 2025.280 of the Code of Civil Procedure is not applicable to discovery under this section.

 (5) For the purposes of discovery under this section, the insured and the insurer shall each be deemed to be "a party to the action," where that phrase is used in Section 2025.260 of the Code of Civil Procedure.

 (6) Interrogatories under Chapter 13 (commencing with Section 2030.010) of Title 4 of Part 4 of the Code of Civil Procedure and requests for admission under Chapter 16 (commencing with Section 2033.010) of Title 4 of Part 4 of the Code of Civil Procedure may be served by either the insured or the insurer upon the other at any time more than 20 days after the accident without leave of court.

 (7) Nothing in this section limits the rights of any party to discovery in any action pending or that may hereafter be pending in any court.

(g) The insurer paying a claim under an uninsured motorist endorsement or coverage shall be entitled to be subrogated to the rights of the insured to whom the claim was paid against any person legally liable for the injury or death to the extent that payment was made. The action may be brought within three years from the date that payment was made hereunder.

(h) An insured entitled to recovery under the uninsured motorist endorsement or coverage shall be reimbursed within the conditions stated herein without being required to sign any release or waiver of rights to which he or she may be entitled under any other insurance coverage applicable; nor shall payment under this section to the insured be delayed or made contingent upon the decisions as to liability or distribution of loss costs under other bodily injury liability insurance or any bond applicable to the accident. Any loss payable under the terms of the uninsured motorist endorsement or coverage to or for any person may be reduced:

 (1) By the amount paid and the present value of all amounts payable to him or her, his or her executor, administrator, heirs, or legal representative under any workers' compensation law, exclusive of nonoccupational disability benefits.

 (2) By the amount the insured is entitled to recover from any other person insured under the underlying liability insurance policy of which the uninsured motorist endorsement or coverage is a part, including any amounts tendered to the insured as advance payment on behalf of the other person by the insurer providing the underlying liability insurance.

(i) 

 (1) No cause of action shall accrue to the insured under any policy or endorsement provision issued pursuant to this section unless one of the following actions have been taken within two years from the date of the accident:

   (A) Suit for bodily injury has been filed against the uninsured motorist, in a court of competent jurisdiction.

   (B) Agreement as to the amount due under the policy has been concluded.

   (C) The insured has formally instituted arbitration proceedings by notifying the insurer in writing sent by certified mail, return receipt requested. Notice shall be sent to the insurer or to the agent for process designated by the insurer filed with the department.

 (2) Any arbitration instituted pursuant to this section shall be concluded either:

   (A) Within five years from the institution of the arbitration proceeding.

   (B) If the insured has a workers' compensation claim arising from the same accident, within three years of the date the claim is concluded, or within the five-year period set forth in subparagraph (A), whichever occurs later.

 (3) The doctrines of estoppel, waiver, impossibility, impracticality, and futility apply to excuse a party's noncompliance with the statutory timeframe, as determined by the court.

 (4) Parties to the insurance contract may stipulate in writing to extending the time to conclude arbitration.

(j) Notwithstanding subdivisions (b) and (i), in the event the accident occurs in any other state or foreign jurisdiction to which coverage is extended under the policy and the insurer of the tortfeasor becomes insolvent, any action authorized pursuant to this section may be maintained within three months of the insolvency of the tortfeasor's insurer, but in no event later than the pertinent period of limitation of the jurisdiction in which the accident occurred.

(k) Notwithstanding subdivision (i), any insurer whose insured has made a claim under his or her uninsured motorist coverage, and the claim is pending, shall, at least 30 days before the expiration of the applicable statute of limitation, notify its insured in writing of the statute of limitation applicable to the injury or death. Failure of the insurer to provide the written notice shall operate to toll any applicable statute of limitation or other time limitation for a period of 30 days from the date the written notice is actually given. The notice shall not be required if the insurer has received notice that the insured is represented by an attorney.

(l) As used in subdivision (b), "public or livery conveyance," or terms of similar import, shall not include the operation or use of a motor vehicle by the named insured in the performance of volunteer services for a nonprofit charitable organization or governmental agency by providing social service transportation as defined in subdivision (f) of Section 11580.1. This subdivision shall apply only to policies of insurance issued, amended, or renewed on or after January 1, 1976.

(m) Coverage provided under an uninsured motorist endorsement or coverage shall be offered with coverage limits equal to the limits of liability for bodily injury in the underlying policy of insurance, but shall not be required to be offered with limits in excess of the following amounts:

 (1) A limit of thirty thousand dollars ($30,000) because of bodily injury to or death of one person in any one accident.

 (2) Subject to the limit for one person set forth in paragraph (1), a limit of sixty thousand dollars ($60,000) because of bodily injury to or death of two or more persons in any one accident.

(n) Underinsured motorist coverage shall be offered with limits equal to the limits of liability for the insured's uninsured motorist limits in the underlying policy, and may be offered with limits in excess of the uninsured motorist coverage. For the purposes of this section, uninsured and underinsured motorist coverage shall be offered as a single coverage. However, an insurer may offer coverage for damages for bodily injury or wrongful death from the owner or operator of an underinsured motor vehicle at greater limits than an uninsured motor vehicle.

(o) If an insured has failed to provide an insurer with wage loss information or medical treatment record releases within 15 days of the insurer's request or has failed to submit to a medical examination arranged by the insurer within 20 days of the insurer's request, the insurer may, at any time prior to 30 days before the actual arbitration proceedings commence, request, and the insured shall furnish, wage loss information or medical treatment record releases, and the insurer may require the insured, except during periods of hospitalization, to make himself or herself available for a medical examination. The wage loss information or medical treatment record releases shall be submitted by the insured within 10 days of request and the medical examination shall be arranged by the insurer no sooner than 10 days after request, unless the insured agrees to an earlier examination date, and not later than 20 days after the request. If the insured fails to comply with the requirements of this subdivision, the actual arbitration proceedings shall be stayed for at least 30 days following compliance by the insured. The proceedings shall be scheduled as soon as practicable following expiration of the 30-day period.

(p) This subdivision applies only when bodily injury, as defined in subdivision (b), is caused by an underinsured motor vehicle. If the provisions of this subdivision conflict with subdivisions (a) through (o), the provisions of this subdivision shall prevail.

 (1) As used in this subdivision, "an insured motor vehicle" is one that is insured under a motor vehicle liability policy, or automobile liability insurance policy, self-insured, or for which a cash deposit or bond has been posted to satisfy a financial responsibility law.

 (2) "Underinsured motor vehicle" means a motor vehicle that is an insured motor vehicle but insured for an amount that is less than the uninsured motorist limits carried on the motor vehicle of the injured person.

 (3) This coverage does not apply to any bodily injury until the limits of bodily injury liability policies applicable to all insured motor vehicles causing the injury have been exhausted by payment of judgments or settlements, and proof of the payment is submitted to the insurer providing the underinsured motorist coverage.

 (4) When bodily injury is caused by one or more motor vehicles, whether insured, underinsured, or uninsured, the maximum liability of the insurer providing the underinsured motorist coverage shall not exceed the insured's underinsured motorist coverage limits, less the amount paid to the insured by or for any person or organization that may be held legally liable for the injury.

 (5) The insurer paying a claim under this subdivision shall, to the extent of the payment, be entitled to reimbursement or credit in the amount received by the insured from the owner or operator of the underinsured motor vehicle or the insurer of the owner or operator.

 (6) If the insured brings an action against the owner or operator of an underinsured motor vehicle, he or she shall forthwith give to the insurer providing the underinsured motorist coverage a copy of the complaint by personal service or certified mail. All pleadings and depositions shall be made available for copying or copies furnished the insurer, at the insurer's expense, within a reasonable time.

 (7) Underinsured motorist coverage shall be included in all policies of bodily injury liability insurance providing uninsured motorist coverage issued or renewed on or after July 1, 1985. Notwithstanding this section, an agreement to delete uninsured motorist coverage completely, or with respect to a person or persons designated by name, executed prior to July 1, 1985, shall remain in full force and effect.

(q) Regardless of the number of vehicles involved whether insured or not, persons covered, claims made, premiums paid or the number of premiums shown on the policy, in no event shall the limit of liability for two or more motor vehicles or two or more policies be added together, combined, or stacked to determine the limit of insurance coverage available to injured persons.

Accidents Involving Uninsured Motorists On The Rise

LOS ANGELES (KABC) -- With the U.S. dealing with an economic slide that has cost millions of jobs, studies show auto accidents with uninsured motorists are expected to rise. You may think you have full coverage on your automobile insurance policy until you get into an accident with an uninsured driver. So you need to have the right kind of auto insurance or that accident could cost you quite a bit.

In car-crazy California, body shops like Marina Auto Body keep very busy, but it's the last place a motorist wants to take their car. And that trip can feel a lot worse if you've been in an accident with a driver who has no insurance.

"That's my biggest fear," said accident victim Judy Levy. "Being involved in an accident with someone who doesn't have insurance, or doesn't have enough insurance."

Judy is one of those unlucky drivers who was rear-ended by someone without insurance. Even though Judy wasn't at fault, it looked like she was going to have to pay the entire bill to repair her car; something she couldn't afford at the time.

"Who has an extra $500, $1,000 sitting around?' Oh yeah, sure, let me just pay this to a body shop. I have nothing better to do with it,'" said Judy.

Unfortunately, the Insurance Information Network says with today's economy, the chances of being hit by an uninsured motorist are intensifying.

"The unemployment rate goes up 1 percent, there's almost the same correlation of a 1 percent increase in uninsured drivers," said Pete Moraga, Insurance Information Network.

Fortunately Judy had something in her policy called uninsured motorist coveragethat covered her loss. Uninsured motorist coverage is an elective when buying automobile insurance, as is rental car coverage.

"I had to wait to get my car fixed to make sure that I could borrow my parent's car, or a friend's car," said Judy. "And that's just another inconvenience."

Experts say you should have uninsured motorist and rental car coverage.

Experts also say you should do the following if you are in an accident:

• Be sure to get the license plate number of the vehicle
• Write down the name, address and driver's license number of the driver
• Notify your insurer

"The more information you have, the better off you're going to be when you actually file that claim," said Moraga.

You may also want to carry a camera with you if your cell phone doesn't have one. That way you can take photos of the accident scene.

If you only have liability insurance, uninsured motorist insurance has another advantage. It will cover your passengers and their medical expenses if they are injured in the accident.

Because of the rise in drivers being uninsured in Los Angeles and other parts of California, it is important that you check your own auto insurance policy to determine if you have uninsured motorist coverage.  For more information about uninsured motorist accident and injury claims in Los Angeles, call the  Los Angeles and California uninsured motorist accident and injury claim hotline statewide at: 866-229-0101.