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What coverages in your vehicle you must have to protect yourself from uninsured/unlicensed motorists?

San Jose, CA |

A friend got rear ended by an unlicensed/uninsured motorist and it is causing her nightmare. She need to shoulder most of the cost thru her insurance and take too many hassles, pain/suffering without any compensation at all. She even had time offs at work to take her car for inspections/ repair/etc and she is having back pains too for a week now.
In line with above, can someone advise what specific coverages you must have to protect yourself from this uninsured/unlicensed drivers? It seems numbers of this are growing and it is getting scary to drive nowadays. Any specific CA law which banned this specific drivers from driving their life and perhaps put them to jail or whatever it take to avoid them from causing accidents? Please educate my avvo attorneys and I really appreciate it.

Attorney Answers 6

  1. There is no coverage for unlicensed motorists. She should carry uninsured motorist coverage, along with underinsured motorist coverage. These are commonly called UM/ UIM coverage in the insurance industry. Because the minimum policy required by law is what is known as a 15/30, she needs more than this for her underinsured motorist policy. (UIM is when the person has insurance, but not enough. UIM covers the difference between your UIM and the other person's liability policy, so 15/20 on a UIM would be illusory with a zero payoff.)

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  2. Good questions!
    Please take a look at my website. My most visited page is about how much Uninsured/underinsurance coverage is appropriate.
    Also, I am a frequent author and advocate regarding enforcing the existing laws and regarding the growing problem of uninsured unlicensed drivers.
    Take a look at my blog regarding every related topic you can think of on this subject!
    Good luck!
    LA Uninsured Motorist Attorney

  3. Need to carry UM/UMPD - as large a limit as you can afford (some people even carry an umbrella policy UM)

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

  4. UM/UIM & get an umbrella policy for 1m for a marginal amount

  5. Click on the link below for my Car Insurance Quick Tips:

  6. If you a better than average driver, you are more likely to be an auto collision victim and the driver at fault. Therefore, your UM/UIM (uninsured or underinsured) coverage is even more important than your liability coverage.

    All of us car accident lawyers have had the tragic experience of having a client come to us who has been horribly and permanently hurt in a car wreck, but the at fault driver has no or inadequate insurance and the client has no or inadequate UM/UIM coverage. Usually, little can be done for such a client as the minority of drivers who could be successfully sued for their own property have big liability policies and it is the drivers that are really judgment proof who have no or inadequate liability insurance.

    There are two reasons people don't get large UM/UIM policies. First, many never think about it and just shop for the cheapest insurance policy which causes the insurance agent to offer them no or little UM/UIM coverage. Second, you can only buy UM/UIM coverage up to the limit of your liability insurance and high limits for both liability and UM/UIM usually don't come cheap.

    Many factors go into insurance pricing: where you live, your driving and credit records, and which insurance company you ask. Sometimes self-employed people try to save money by buying a commercial policy, but this can have unexpected bad consequences. For example, on a consumer policy the UM/UIM coverage will usually follow you into any vehicle you are in, such as a taxi or rental car or a friend's car, but with a commercial policy, the UIM/UM coverage only usually applies to you when you are in an "owned car."