Uninsured Motorist Accident Lawyer in Oak Park, CA

Discovering after a crash that the driver who caused your accident has no insurance is a gut punch. Despite California's mandatory insurance law, a significant percentage of drivers on the road are uninsured or underinsured. If you were hit by one of them in Oak Park, you are not without recourse. Your own auto insurance policy may be your best path to compensation, and our attorneys know exactly how to maximize what you can recover.

Your Uninsured Motorist Coverage

California law requires auto insurers to offer uninsured motorist (UM) coverage with your policy, though you can waive it in writing. If you have UM coverage, it kicks in when the at-fault driver has no insurance at all. If the at-fault driver has some insurance but not enough to cover your damages, your underinsured motorist (UIM) coverage fills the gap.

Importantly, your own insurer's obligation in a UM or UIM claim is to pay you fairly under your policy, but insurers often treat UM claims with the same adversarial approach they use against third-party claimants. That means you may need an attorney to fight your own insurance company to get what you are owed.

Steps to Take After an Uninsured Motorist Accident

  • Call 911 and ensure a police report is filed by CHP or VCSO documenting the other driver's lack of insurance
  • Get the other driver's name, contact information, and vehicle information even if they have no insurance
  • Photograph the scene, the vehicles, and your injuries
  • Report the claim to your own insurance company promptly
  • Consult an attorney before giving any recorded statement to your insurer

Can I Still Sue the Uninsured Driver?

Technically yes, but practically speaking, an uninsured driver often lacks the personal assets to make a lawsuit worthwhile. Our attorneys assess whether the uninsured driver has assets worth pursuing while simultaneously pursuing your UM coverage claim for the fastest and most reliable path to compensation.

Injuries and Compensation

Your UM or UIM policy covers the same types of damages as a standard third-party claim: medical expenses, lost wages, pain and suffering, and property damage up to your coverage limits. Having a higher UM coverage limit on your policy significantly improves your financial protection. If your limits are insufficient, we explore all other potential recovery sources.

Contact our firm for a free review of your uninsured motorist claim. Visit our Oak Park personal injury page or speak with Curt Brown about your options. Clients throughout the region, including Woodland Hills, can reach us at our Woodland Hills office.

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Common Questions

Frequently Asked Questions

My own insurance company is lowballing my uninsured motorist claim. Can I fight them?
Yes. Your insurer owes you the same good faith obligation they owe any claimant. If they unreasonably deny or underpay your UM claim, they may be acting in bad faith, which can expose them to additional liability. An attorney can negotiate aggressively and take the dispute to arbitration or litigation if necessary.
The uninsured driver offered to pay me cash to settle privately. Should I accept?
Do not accept any private cash settlement without consulting an attorney. You may not know the full extent of your injuries yet, and accepting cash and releasing your claims could leave you unable to recover for future medical costs. Your UM coverage may offer a better and more reliable source of compensation.
Will my insurance rates go up if I file a UM claim?
California law generally prohibits rate increases for drivers who were not at fault. Filing a UM claim for an accident you did not cause should not result in a premium increase, though policy terms vary. An attorney can advise you on your specific situation.
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