Does UM or UIM cover insured for hit-and-runs?

Asked over 1 year ago - Los Angeles, CA

Insured has UM and UIM and was hit by two vehicles. Vehicle 1 has insurance policy exceeding the UIM. Vehicle 1's insurance policy exceeds UIM policy limit. Vehicle 2 was a hit and run. Can the insured still get the UM for the hit and run vehicle? CA Personal Injury attorneys please!

Additional information

If the UM/UIM is applicable, would the insured send out the medical demand simultaneously to the at fault insurance and UM/UIM adjuster?

Attorney answers (8)

  1. David Lee Fiol

    Contributor Level 17

    15

    Lawyers agree

    Answered . Good question , and the answer is yes - if the hit and run driver is found at fault, your policy should cover his or her liability to you, up to your limit.

  2. Richard Andrew Harting

    Pro

    Contributor Level 18

    14

    Lawyers agree

    Answered . Yes. The case will proceed simultaneously with the insurance carrier for vehicle 1 and with the insured's UM policy for vehicle 2. these type of scenarios can get very complicated so your are best served by retaining an attorney.

  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . If the hit and run vehicle caused or significantly Contributed to the cause of the incident,the UM coverages would most likely apply.

    Remember that your UM carrier is neither your friend nor your good neighbor. The sole goal of any insurance carrier is to pay you nothing or as little as possible on your claim. You need to treat your carrier as if it was the opposing carrier.

    You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  4. Barry P. Goldberg

    Pro

    Contributor Level 13

    11

    Lawyers agree

    Answered . Yes---But, it is complex. See, Security National Insurance vs. Hand (1973) 31 Cal. App. 3d, 227. In that case, two separate 3rd party tortfeasors contributed to cause an accident, with injury to Claimant, Hand, and wrongful death of Hand’s wife. One of the tortfeasors is uninsured; the other has only minimal $15/30,000 limits. Hand’s damages for his own injury, his Dillon v. Legg damages, and damages claim for the wrongful death of his wife are each in excess of the $30,000, and his aggregate damages well in excess of $60,000. He has not been made remotely whole by payment of the $30,000 from tortfeasor #2, ($15,000 for his own injuries, and $15,000 for the wrongful death claim for his wife.)

    The legal issue there was: Do anti-stacking rules apply? Can claimant recover the $30,000 from one of the 3rd parties, and still recover the additional uninsured motorist benefits as against the other 3rd party tortfeasor?

    The Court held: The anti-stacking rules did not apply, because the policy could be applied, without set-off or reduction, as against the totally uninsured driver. The court’s primary concern, so long as it did not conflict with the wording of the statute, was to make Hand as whole as possible, within the confines of his policy limits.

    The facts of your case are not entirely clear from your question. In addition, there is an extra layer of complexity given the "Hit and Run" aspect. You will require legal assistance on this 100%.

    If you get a chance, tak a look at my website and Unisured Motorist/Hit and Run blog posts.
    Los Angeles Uninsured Motorist Attorney
    http://www.barrypgoldberg.com/Practice-Areas/Lo...

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . Yes, but a local lawyer would need to review the coverage.

  6. Philip Clark Alexander

    Contributor Level 3

    7

    Lawyers agree

    Answered . This scenario is complex and may likely require a lawyer and litigation because the UM/UIM carrier will probably argue that because Vehicle 1's insurance policy exceeds the UIM policy limit, that the UM/UIM coverage does not come into play. However, the UM coverage should be invoked due to the negligence of the uninsured driver (if Vehicle 1's policy does not fully compensate the injured). You should consult an attorney to discuss the issues and facts in detail and so that he/she can review the insurance agreement.

  7. Mark John Caruso

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . Yes, uninsured motorist coverage should be used for all hit and run claims

    The AVVO response or other communication by Caruso Law Offices does not create an attorney-client relationship.... more
  8. D. Robin Gouveia

    Contributor Level 7

    3

    Lawyers agree

    Answered . When a person is injured as a result of a hit and run accident, without identification of the person responsible, these coverages would apply. They are designed to protect the insured, and named person(s) on the policy, including household members. If you were involved in a hit and run accident and suffered an injury, I urge you to protect your rights and contact an experienced personal injury attorney as soon as possible so the appropriate action can be taken to protect your rights.

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