Uninsured Motorist Lawyer in Los Angeles

How does an uninsured or underinsured motorist claim work?

There are two different situations. In the first, the person responsible has no insurance at all. In the second, which is much more common, the driver is insured but only at the minimum limits, and those limits do not cover even the hospital. In both, you still have to prove the other driver was at fault, using the police report, photographs, witnesses and video. California follows pure comparative fault, so a share of blame reduces a recovery rather than ending it, and where the other driver broke a traffic law Evidence Code section 669 can create a presumption of negligence.

The difference is who you are claiming against. Your own insurer must answer the claim, and it will test it exactly as another insurer would.

What insurance pays in an uninsured motorist case?

The minimum limits are a real improvement over the old figure of $15,000 that stood for decades, but a spinal surgery or an intensive care stay uses that amount easily. That is why the coverage that decides the case is often your own:

• Your uninsured and underinsured motorist coverage. In California it is optional, but the insurer must offer it and you are without it only if you rejected it in writing. Many people have it and do not know.
• The at-fault driver’s liability policy, if any, up to its limit, which is often the first money recovered.
• Medical payments coverage on your own auto policy, which can pay early bills regardless of fault.
• Employer and commercial policies, when the at-fault driver was working, and rideshare coverage if the app was on.
• Health insurance, which pays treatment as it happens and may later claim reimbursement.

A case’s value cannot be known before the medical picture is clear. It turns on the injury, the care still to come and the coverage available.

What compensation can you recover in an uninsured motorist case?

• Medical expenses, past and future, including surgery, therapy and long term care.
• Lost earnings and loss of future earning capacity.
• Property damage to your vehicle and belongings, within the limits of the coverage that applies.
• Pain, suffering and emotional distress, and the loss of enjoyment of life.
• Wrongful death damages for the family under Code of Civil Procedure section 377.60 when a collision is fatal.

What deadlines and policy rules apply to an uninsured motorist claim?

The underlying injury deadline is generally two years under Code of Civil Procedure section 335.1, and three years for property damage only under section 338. If a public entity is involved, a written claim is due within six months under Government Code section 911.2. But these claims also run on the policy’s own rules, and the contractual clocks usually run sooner:

• Prompt notice to your insurer is usually required.
• Consent before any settlement with the at-fault driver is usually required, because your insurer keeps the right to go after the responsible driver later. Accepting first and asking afterward cannot be undone.
• Arbitration rather than a jury is how most disputes are resolved, because the policy says so.

How much does an uninsured motorist lawyer cost in Los Angeles?

No fee unless there is a recovery. Broukhim Legal PC takes uninsured motorist cases on a contingency fee, so there is nothing to pay up front and the fee is paid out of what is recovered. If nothing is recovered, no fee is owed. The fee agreement is put in writing and signed before any work starts, as California law requires, and it also explains how the costs of running the case are handled. Your first conversation is free, confidential and carries no obligation.

Uninsured motorist lawyers across Los Angeles County

Broukhim Legal PC represents injured people throughout Los Angeles County from its office at 550 S Hill Street in downtown Los Angeles. Each city page covers the local police or Sheriff report, the courthouse that hears the case and how a claim against that city is presented:

See all locations we serve, or tell us about the crash for a free case review.

Meet your Los Angeles uninsured motorist lawyer

Bejan Broukhim, Founder and Lead Attorney
State Bar of California, license number 183036

Bejan Broukhim brings years of California legal experience to injury and mass tort cases and personally reviews each one. He earned his J.D. at the University of West Los Angeles School of Law, served as a judicial extern in the U.S. Bankruptcy Court and the Van Nuys Superior Court, and appeared in preliminary hearings as a certified law clerk with the Los Angeles County District Attorney’s Office. Every case is prepared from day one as though it will go to trial.

Office: 550 S Hill Street, Suite 1390, Los Angeles, CA 90013, serving all of Los Angeles County and California. Get directions