Definition
Uninsured motorist (UM) coverage under California Insurance Code Section 11580.2 is auto insurance that pays the policyholder's damages when the at-fault driver has no liability insurance.
In California Rear-End Collision Cases
UM coverage is essential in California rear-end collision cases because approximately 16-17% of California drivers carry no insurance. When an uninsured driver rear-ends you, your own UM coverage steps into the shoes of the missing at-fault insurer and pays for your medical expenses, lost wages, and pain and suffering up to your UM policy limits. California requires UM coverage to be offered with every auto policy.
California Law Context
California rear-end collision law applies this concept within the framework of Vehicle Code Section 21703's rebuttable presumption of fault, the eggshell plaintiff rule, pure comparative fault from Li v. Yellow Cab Co. (1975), the two-year statute of limitations under CCP Section 335.1, and uncapped economic and non-economic damages.
Frequently Asked Questions
What is Uninsured Motorist Coverage in California rear-end collision law?
Uninsured motorist (UM) coverage under California Insurance Code Section 11580.2 is auto insurance that pays the policyholder's damages when the at-fault driver has no liability insurance.
How does Uninsured Motorist Coverage affect a California rear-end collision claim?
UM coverage is essential in California rear-end collision cases because approximately 16-17% of California drivers carry no insurance. When an uninsured driver rear-ends you, your own UM coverage steps into the shoes of the missing at-fault insurer and pays for your medical expenses, lost wages, and pain and suffering up to your UM policy limits. California requires UM coverage to be offered with every auto policy.
How does this interact with California's pure comparative fault system?
Uninsured Motorist Coverage interacts with California's pure comparative fault system from Li v. Yellow Cab Co. (1975) in rear-end collision cases. Even when Uninsured Motorist Coverage reduces or complicates the plaintiff's claim, California's pure comparative fault allows recovery so long as the plaintiff was not 100% at fault. Recovery is reduced proportionally by any plaintiff fault, but the Uninsured Motorist Coverage principle generally operates to preserve the plaintiff's right to recover.