Riding a motorcycle in California offers unparalleled freedom, but it also comes with significant risks, especially when sharing the road with uninsured or underinsured drivers. To safeguard against potential financial hardships resulting from accidents with such drivers, obtaining uninsured motorist coverage (UM coverage) is essential for motorcyclists. This coverage ensures that in a collision with an uninsured or underinsured driver, riders are protected from bearing the entire burden of medical expenses, property damage, and other associated costs.
What Is Uninsured Motorist Coverage (UM Coverage) and How Does It Work?
Uninsured Motorist (UM) coverage is a crucial safeguard for motorcyclists. It ensures financial protection in cases where an uninsured or underinsured driver causes an accident. Without such coverage, a rider may face significant medical expenses, lost income, and repair costs out of pocket.
In California, while liability insurance is mandatory, California Insurance Code § 11580.2 mandates insurance companies to offer uninsured motorist coverage coverage to policyholders, although this is optional but highly recommended. This coverage comes in two primary forms:
- Uninsured Motorist Bodily Injury (UMBI): Covers medical expenses, lost wages, and pain and suffering resulting from an accident caused by an uninsured driver.
- Uninsured Motorist Property Damage (UMPD): Pays for repairs or replacement of your motorcycle if damaged by an uninsured driver.
Consider a scenario where an uninsured driver strikes a motorcyclist. Without UM coverage, the rider would be responsible for all medical bills and repair costs. However, with UMBI, the rider’s medical expenses and lost income are covered up to the policy limits. Similarly, UMPD would handle the costs associated with repairing or replacing the damaged motorcycle.
Incorporating uninsured motorist coverage into your motorcycle insurance policy is a prudent decision. It offers essential financial protection against unforeseen accidents with uninsured or underinsured drivers.
Why Motorcyclists Need UM Coverage More Than Car Drivers
Motorcyclists face greater risks on the road than car drivers, making uninsured motorist coverage an essential part of their financial protection.
Unlike cars, motorcycles provide no physical protection in the event of a traffic accident, leaving riders more vulnerable to severe injuries. California has one of the highest rates of uninsured drivers, increasing the chances of being hit by someone without liability insurance.
- Higher Injury Risks: Motorcycle crashes often result in spinal cord injuries, traumatic brain injuries, and non-economic damages like emotional distress. If the fault driver lacks coverage, riders face overwhelming medical expenses.
- Hit-and-Run Accidents: Many motorcycle accident victims experience hit-and-run crashes where the responsible party flees. UM coverage covers medical costs and property damage when the negligent driver is unknown.
- Uninsured and Underinsured Drivers: Even when the fault party has liability coverage, it might not meet the minimum limit required to compensate for catastrophic injuries. Underinsured motorist coverage ensures riders receive maximum compensation beyond the at-fault driver’s policy limit.
What Happens If You’re Hit by An Uninsured or Underinsured Driver?
If you’re involved in a motor vehicle accident with an uninsured driver, the financial burden could fall entirely on you—unless you have uninsured motorist coverage.
California follows a comparative negligence system under California Civil Code § 1714, allowing an injured motorcyclist to recover damages even if they are partially at fault. However, when the at-fault driver lacks insurance, the injured party may struggle to obtain a fair settlement, making UM coverage critical.
- Without UM Coverage: The motorcycle rider is responsible for their own medical care, property damage, and other out-of-pocket expenses. They may have to pay for medical payments coverage or sue the negligent driver, which can be a lengthy and uncertain process.
- With UM Coverage: The rider’s insurance company covers bodily injury coverage, uninsured motorist property damage, and lost wages, ensuring fair compensation. If the insurance adjuster attempts to lowball the claim, a motorcycle accident lawyer can negotiate for a higher payout.
California courts have consistently recognized the importance of UM coverage in protecting accident victims. Without it, riders may face prolonged legal battles or financial devastation
How to File a UM Coverage Claim After a Motorcycle Accident
Filing an uninsured motorist coverage (UM) claim can be complex, but following the proper steps ensures motorcycle accident victims receive the compensation they deserve.
In California, insurance companies must handle uninsured motorist claims fairly, but many attempt to deny or delay payments. Riders must follow the correct procedures to protect their rights (California Department of Insurance).
- Step 1: Report the Accident – Call law enforcement and obtain an accident report to document the faulty driver’s lack of insurance.
- Step 2: Collect Evidence – Take photos of the accident scene, motor vehicle damage, injuries, and obtain witness statements.
- Step 3: Seek Medical Care – Even if injuries seem minor, immediate medical treatment helps document bodily injury coverage claims.
- Step 4: Notify Your Insurance Company – Contact your insurance agent and provide details of the crash and repair estimates. Do not give excessive information to them. Just let them know you were involved in an accident; they might try to get a recorded statement hurting your claim.
- Step 5: Consult a Motorcycle Accident Attorney – A strong ally is essential. The Insurance company will probably try to undervalue or deny your claim. Let our expert motorcycle accident lawyer fight for your fair compensation.
Protect Yourself with Uninsured Motorist Coverage
Without uninsured motorist coverage, a motorcycle rider faces significant financial risks after an accident with an uninsured driver. Riders must take proactive steps to ensure proper liability coverage and understand how to file a claim.
Riders who suffer severe injuries due to a negligent driver should not have to bear the financial burden alone. Whether dealing with medical costs, insurance claims, or legal disputes, having the right coverage and legal representation makes all the difference.
At Motorcyclist Attorney, we fight for injured riders, ensuring they receive maximum compensation for medical expenses, property damage, and lost wages. Our experienced motorcycle accident lawyers are ready to guide you through the legal process and protect your rights.
Call us now for a FREE consultation, and let us help you secure the compensation you deserve!
