 One of the more serious mistakes that drivers make, as far as insurance coverage is concerned, is not getting sufficient uninsured motorist or UM coverage for their vehicle. Getting a larger policy, such as $250k/$500k will only cost a few more hundred dollars a years, but it will provide an essential financial safety for several situation where you will need the money most:
1. Being involved in a serious accident, where the other driver is uninsured. If you have been hit by an uninsured driver, and you don’t have a UM coverage on your own policy, you are pretty much out luck as far getting compensated goes, except for your med-pay and health insurance policy that will provide for the medical expenses, and property damage coverage for your damaged vehicle, if you had that kind of coverage on your policy. You will not be compensated for your past and future wage loss if you are unable to work due to your injuries, and pain and suffering / emotional distress associated with the injuries suffered. When you have an uninsured motorist policy, you don’t need to worry about whether the other driver has valid insurance. You will have your own sufficient policy that will cover you for whatever amount you are insured for all your losses. 2. Hit and Run Accidents Some of the worst accidents are caused by hit-and-run drivers. People who cause serious accidents due to negligence or due to driving drunk or due to both have an incentive to try to escape liability and/or criminal charges by fleeing the scene and hoping that no one will ever find them. Many of these hit and run drivers are indeed never found and prosecuted. Your uninsured motorist coverage will also cover you in the hit and run situations. The above scenarios should make it clear to you that you must not save on your policy by not having sufficient uninsured motorist coverage, as the risks are way too high, while the potential savings are relatively insignificant. On October 27, 2013, at about 1:00 am, Mr. Luth, a 58 year old gentleman was driving on I-5 heading South in Yolo County. He lost control of his vehicle for unknown reason, struck the east bridge railing. Shortly after Mr. Luth's vehicle crashed into the bridge barrier rail, a second vehicle side-swiped Mr. Ruth's vehicle. That driver said he could not see Mr. Luth's car because the headlights were broken. Mr. Luth's vehicle was then side-swipe two (!) more times until he was found lying unresponsive by an officer of West Sacramento Police Department. It was the third collision that ultimately killed Mr. Luth.
Mr. Luth was covered by a policy of underinsured motorist coverage. The deceased sister was the actual claimant and she completed all the necessary steps to seek recovery from her brother's insurance company for the wrongful death of her brother, pursuant to the UM policy purchased by Mr. Luth before his death. At the UM Arbitration, Plaintiff argued that she was entitled, pursuant to jury instruction CACI 3921 to each of the following: loss of financial support, loss of gifts or benefits, funeral and burial expenses, loss of love, loss of companionship, loss of comfort, loss of assistance, loss of protection, loss of affection, loss of moral support, and loss of guidance. Funeral expenses totaled over $24,000.00. The UM policy limit was $500,000/per accident. Plaintiff demanded the policy limits, while the defendants' attorneys asked the Arbitrator to award $200,000.00. The case was then tried before Nicholas Lowe as Binding Arbitration leading to the above award. An arbitration aware that has not been confirmed or vacated by court has the same force and effect as a written contract between the parties. The parties have 10 days after service of an award to apply to the arbitrator to correct an evident miscalculation, misidentification, or formal imperfection in the award. The arbitrator has 30 days from the date of service of the award to correct the award or to deny the application, or the application will be deemed denied. Code Civ. Proc. sections 1284 and 186.6. |
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