Hit-and-run accidents are covered by any Uninsured/Underinsured (“UM”/"UIM") coverage on your insurance policy. To bring a UM claim for compensation, a few conditions generally apply:
[See Insurance Code § 11580.2(b)(1) for the “physical contact” (direct application of force) requirement from the unknown operator’s/owner’s vehicle. Orpusan v. State Farm Mut. Auto. Ins. (1972) 7 Cal.3d 988].
Alternatively, some other instrumentality (rock, loose debris, another car) that may be propelled into you or your vehicle caused by the hit-and-run vehicle or other variations from direct physical contact may establish coverage.
[See Oanh Thai
Pham v. Allstate Ins.
Co. (1988) 206
If you fell off a motorcycle while trying to avoid being hit or swerve to avoid the dangerously driving hit-and-run vehicle, you typically cannot bring a UM claim.
The purpose or rationale for the contact requirement is to prevent fraud (Example, a claimant caused his or her own solo accident hitting a light pole or center divider, and then made up a story that a phantom vehicle caused the accident).
If 24 hours have passed, and you did not contact the police, don't give up. Contact the police immediately. Also, give you insurance company notice as soon as possible that you will be making a UM claim based on a hit-and-run accident. The insurance carrier may decide to allow coverage anyway. Further, you can argue that the insurance company suffered no prejudice by the delay because the law requires “prejudice” to justify denial of coverage. Beck v. State Farm Mutual Automobile Insurance Co. (1976) 54 Cal.App. 3d 347. But if less than 24 hours has passed, report the accident within the 24 hour deadline!
Insurance Company Investigation: Your insurance company will investigate the hit-and-run accident. They will inspect your vehicle. They will look for paint transfers. They will search for fresh damage to your vehicle. In short, they are searching for evidence of actual contact.
Steps you can take to protect your legal rights are:
If you have been in a car accident and want to talk with experienced car accident attorney, contact the law office of Matthew B. Tozer today at 949-863-9445.
CAVEATS / WARNINGS:
Hit-and-Run and UM laws are complicated: Such laws and the court rules and cases that interpret and apply them, are complicated. Even if you believe that you don’t meet a condition for bringing a claim, do not rely on this article, but immediately seek consultation and legal advice from a lawyer to determine if any of the exceptions or rules apply or not to your case.
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