Los Angeles, CA personal injury attorney Narbeh Shirvanian talks about what happens if someone hits you and they don’t have insurance. In the event of a motor vehicle accident involving an uninsured at-fault party, individuals, whether drivers or pedestrians, must depend on their uninsured motorist coverage through their own insurance company. The recommended course of action is to ensure that sufficient uninsured motorist coverage is in place, encompassing underinsured motorist coverage as well. This coverage serves as a safeguard in situations where the at-fault party lacks adequate insurance.

Should the need arise to file an uninsured motorist claim or an underinsured motorist claim, it transforms into a claim against the individual’s own insurance company. This dual nature comprises both a tort claim and a contract claim, given the payment of premiums for the insurance policy—a contractual agreement. In California, the terms of this agreement are governed by the Covenant of Good Faith and Fair Dealing.

The Covenant of Good Faith and Fair Dealing establishes that the insurance company, to which regular premiums have been paid, is obligated to act in the policyholder’s best interest. Failure to uphold this duty, resulting in bad faith practices, could provide grounds for a bad faith lawsuit. Such situations might arise if legal counsel advises the insurance company to disburse entitled benefits, and they neglect to do so, potentially exposing them to legal action.

In instances requiring reliance on uninsured motorist coverage, it is imperative to secure legal representation if the insurance company employs strategies like denial, delay, or defense. In such circumstances, initiating arbitration, involving legal professionals, and advancing the case through legal channels may become essential.