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Alain Kinaly 10/1/20 Alain Kinaly 10/1/20

What To Do If You've Been Involved In A Hit And Run

You’re stopped in traffic…WHAM! Someone rear-ends you.

Then the person that hit you takes off!

What should you do?

DO NOT CHASE AFTER THEM. It’s dangerous and could lead to more problems than the ones you are stuck with now.

IF you can do so SAFELY:

Take a picture of the other vehicle’s license plate before it gets away.
- If you cannot, try to remember the license plate number and write it down as soon as possible.
Try to remember the color, make and model of the vehicle that hit you.
IF your car is drivable, carefully move it to a safe area.

Call the police or highway patrol and file a report:

Tell them your location; describe the vehicle that hit you - including the license plate number and what happened.
Make sure you write down the police report number and the name and number of the officer or keep the card they give you. If the police find the person that hit you, you may be able to get them or their insurance company to pay for your damages.

After you have file a police report, call your auto insurance company and open a claim.

If the person that hit you cannot be found, you may still be able to get your injuries, medical treatment, and wage losses covered through your own auto insurance if you have Uninsured Motorist coverage. However, the law requires the following in order for you to be covered under your Uninsured Motorist insurance policy:

1. There must be physical contact between the hit and run vehicle and either you or your vehicle.

If someone cuts you off causing you to swerve and hit a tree, it wouldn’t kick in since the other vehicle did not actually hit your vehicle.

2. The hit and run must be reported to the police with 24 hours.

Don’t delay – call the police right away.

3. File a claim with your insurance company within 30 days of the hit and run.

Open a claim right after you file the police report.

THE SOONER YOU FILE THE POLICE REPORT AND OPEN A CLAIM WITH YOUR INSURANCE COMPANY - THE BETTER CHANCE THAT PERSON THAT HIT YOU MIGHT GET CAUGHT

Still unsure what to do? Not sure if you have Uninsured Motorist coverage? Forget to do one of the above?

We’ll answer your questions, give us a call.

The information on this website is for general information purposes only and nothing on this site should be taken as legal advice for any individual case or situation, including your own. The information contained on this website is not intended to create and receipt or viewing of it does not constitute an attorney-client relationship with Kinaly Law. Any submission of and/or our review of a submitted case or question may not be considered privileged or confidential and does not establish an attorney-client relationship.

Alain Kinaly 10/1/20 Alain Kinaly 10/1/20

What Is Uninsured And Underinsured Motorist Coverage & Do I Need It?

California law requires that every driver have liability insurance of at least $30,000 PER PERSON / $60,000 PER OCCURRENCE for Bodily Injury or Death and $15,000 for Property Damage.

Auto insurance companies in California are required to offer Uninsured Motorist/Underinsured Motorist coverage when someone buys liability insurance. You are not required to buy this coverage but you must sign a waiver if you choses not to.

So do you need Uninsured Motorist/Underinsured Motorist coverage?

Yes, and here’s why…

Even though the law requires it, not everyone driving has liability insurance. An estimated 15.2% of drivers in California do not have car insurance. [3] That’s over a 1 in 7 chance if someone hits you they may be uninsured!

If someone without insurance hits you, they may not always personally be able to pay for the damage they cause you. When this happens, having Uninsured Motorist coverage is crucial to cover yourself.

In California, Uninsured Motorist coverage and Under Insured Motorist coverage is the same. You don’t purchase each separately - you’re covered in both situations.

Uninsured vs. Under Insured Motorist Coverage

UNINSURED MOTORIST (UM)

When a driver that doesn’t have insurance hits you OR you are a victim of a hit and run your own insurance may step in and cover your medical treatment, lost wages, pain, and inconvenience, among other things – up to your PER PERSON Uninsured Motorist limits.

The PER OCCURRENCE limit is the most the insurance company will pay out for the entire collision when there is more than one person in your vehicle. Similar to liability limits, each injured person or individual killed cannot get more than the PER PERSON amount. That is the same whether there were 2 or 7 people in your vehicle.

This may also cover you if you are a passenger in someone else’s car that gets hit.

UNDERINSURED MOTORIST (UIM)

Underinsured Motorist coverage is similar to Uninsured Motorist coverage, but it only kicks in when the person that hit you has insurance and it’s not enough to fully cover your injuries/death. Your Underinsured Motorist coverage may also cover you when you are a passenger in someone else’s car that gets hit.

HOWEVER, for your Underinsured Motorist coverage to kick in, your Underinsured Motorist limits must be higher than the liability limits of the person that caused the crash.

For example, if the person that hits you only has a minimum liability policy of $30,000.00, your Underinsured Motorist coverage must be more than $30,000.00 for it to apply. If you only have $30,000.00 in Underinsured Motorist coverage it does not apply because it is the same amount, not more.

For your Underinsured Motorist coverage to kick in, the full PER PERSON or PER OCCURRENCE – if there are multiple people involved – liability limits must be fully paid out by the at fault person’s insurance company. You CANNNOT use your own Underinsured Motorist coverage unless ALL the available insurance limits that cover the person that caused the collision are completely paid out.

Still unclear about what underinsured motorist coverage is? Not sure if you have underinsured motorist coverage?

Let us know and we’ll answer your questions.

Alain Kinaly 9/27/20 Alain Kinaly 9/27/20

What Is Liability Insurance?

California law requires that every driver have liability insurance of at least:

$30,000 PER PERSON/$60,000 PER OCCURRENCE for Bodily Injury or Death

$15,000 for Property Damage

This means that if a driver causes a crash, that driver’s insurance will pay for any damage they cause up to liability policy limits.

The Bodily Injury limits cover: medical treatment, lost wages, pain, inconvenience, among other things, or in the worse case – death.

The PER PERSON limit is the max the insurance company will pay for per person injured/killed in the crash. Regardless of the actual value of their losses.
The PER OCCURRENCE amount is the max the insurance company will pay for the crash in total, if there is more than one person injured/killed.
- This limit applies regardless of how many people are involved.
  - However, each person injured/killed cannot get more than the PER PERSON limit.

The Property Damage limits cover:

Repairs to the vehicles that gets damaged
Car rental while the vehicles are being repaired
Personal property in the vehicles that is damaged
- This limit is the most that will be paid out in total, regardless of how many vehicles or property is damaged.

IF YOU ARE DRIVING AROUND WITHOUT INSURANCE: YOU MAY BE PERSONALLY RESPONSIBLE FOR PAYING THE DAMAGES YOU CAUSE IN CRASH.

Of course the limits above are just the minimums required. You should always get a policy that is higher. This is especially true if you have any assets, such as a house. The reason is that if you cause a crash and your liability limits are not enough to cover the damages you cause, you may be personally responsible for anything over the limits. Typically your insurance company is only required to pay up to your liability limits.

In addition to liability insurance, it is important to also have Uninsured Motorist/Underinsured Motorist coverage.

Are you more confused now? Still not exactly sure what liability insurance is?

Let us know and we’ll answer your questions.

Alain Kinaly 4/9/20 Alain Kinaly 4/9/20

Why You Need Car Insurance - Even If The Accident Is Not Your Fault

People ask me sometimes, “Do I reeeeeally need auto insurance?”

Short Answer: YES. The law requires it!

If you do not have auto insurance and you cause a collision, you will personally have to pay for the damages and injuries you caused the person you hit.

Ya, ya, ya but what if I drive carefully and don’t cause any crashes – do I really still need it? YES! Notice a theme here?

Here why: Let’s assume you have never caused an accident. You are a very good driver: you obey all the rules of the road and you drive defensively when you notice someone driving erratically. Then someone texting while driving, runs a red light and T-bones you or fails to notice you’ve stopped and rear-ends you.

It really sucks, but it’ll be okay because someone else caused the crash and that person or their insurance “should” pay for everything, right?

Not exactly. Even though the crash was not your fault, you were driving without auto insurance – so you are considered a Proposition 213 driver. What that means is you WILL NOT be compensated for any pain, inconvenience, or suffering.

You are still able to recover for the damage to your vehicle, a rental while your car undergoes repairs, medical bills and lost wages for time missed because the injuries caused by the crash.

That may not seem like a big deal, but if you are a Prop 213 driver who is injured for any period of time – you are not going to get a fair and full settlement. All the time you spend in pain, causing you to miss time with your family and friends, traveling, exercising, or going to school – you get NO COMPENSATION FOR.

Let that sink in. You WILL NOT get compensation for your pain and suffering.

Imagine not being able to pick up and play with your kids because your back is locked up and you’re stuck lying on the couch or bed in pain all day. Imagine you cannot workout or play sports for months because your arm or leg is broken. Sorry, not only is that scar going to remind you of the crash forever but your elbow will always be crooked. AND you get nothing for dealing with all this because you were driving without car insurance.

So do you really need auto insurance? ABSOLUTELY!

ONE MORE THING ABOUT PROP 213: If someone crashes into you but you’ve been drinking or are on drugs – You’re also considered a Prop 213 driver. Even if you had auto insurance at the time and someone else was at fault for the crash! Yet another reason you shoulder NEVER drive under the influence.

Still confused or have any questions? Give Kinaly Law a call right now: (949) 438-1546.