Expert: Richard L Carranza - 6/7/2005

Question
In the state of California, if you do NOT have uninsured motorist insurance and you get into a collision with an at fault uninsured motorist can the Insurance company bill the uninsured motorist to collect damages?


Answer
First of all there is UnInsured Motorist Bodily Injury (UMBI) and then there is UnInsured Motorist Property Damage (UMPD).

In most states UMBI is mandatory while UMPD (if available) is normally optional.

If you are involved in an accident with an at-fault who is uninsured you may have TWO options.

If you carry Collision (COLL) coverage you can collect from your own company subject to your COLL deductible.

If you don't have Collision coverage but do have UMPD coverage then you can collect from your own company... again subject to your UMPD deductible.

If you carry both COLL and UMPD coverage then you can pick which coverage you want to use.. if the deductible amounts are different I would opt for the coverage with the lower or no deductible (usually that is the UMPD coverage).

Regardless if your company pays you under either your COLL or UMPD coverage they will go after the at-fault party to try and recoup their payment as well as your deductible(this recovery process is called Subrogation).  Their ability to recoup any monies will be predicated on whether the at-fault has the where-with-all to make payment(s).

If you have neither COLL or UMPD coverage then your company cannot help you as without their making a payment they have no interest/standing in the matter.  If this happens, your agent should be able to assist you to some extent.

Hope and trust that the above answers your question and provides some direction.

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