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Law Offices of Frank M. Nunes

Fresno, California Attorney

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  • About the Firm
    • Frank Nunes
    • Our Team
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    • Why Choose Nunes Law?
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      • Fresno Car Accident Lawyer
      • Truck Accidents
      • Fresno Motorcycle Accident Lawyer
      • Uninsured Motorist Claims
      • Underinsured Motorist Claims
      • Fresno Bicycle Accident Lawyer
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      • Dangerous and Defective Products
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Uninsured Motorist Claims

What Happens When the At-Fault Driver Has no Insurance?

As many as one in every eight drivers in California are driving without automobile insurance.

After the initial shock of the accident wears off, many people become angry about the harms caused by another driver’s carelessness. That anger often turns to frustration when you discover the at-fault driver does not have insurance. What are your options?

Thankfully California and many other states require car insurance companies to offer uninsured motorist coverage. Uninsured motorist coverage, or sometimes called “UM” is a type of coverage to cover you, your passengers and even your dependents or those the injured person cares for, in some situations. Under certain facts, uninsured motorist coverage may also provide coverage in hit-and-run type accidents.

When the at-fault driver or even the owner of the car driven by the at-fault driver does not have insurance, that is when having uninsured motorist coverage can be your first and best option. Think of it as if your insurance company “steps into the shoes of the uninsured driver or car owner.”  You now look to your insurance to pay for the harms and losses caused by the at-fault driver or owner who was not responsible enough to follow the law and drive with car insurance.

In most cases where the at-fault driver is 100 percent at fault, your insurance company will not count the claim against you. California uses a sliding-scale to determine the percentage of fault to spread fault among all the at-fault parties. If you are partly at fault, even if it is a modest amount, payment of your claim may be reduced by that amount of fault by your insurance company in an uninsured motorist claim.

How Much Uninsured Motorist Coverage is Available to Your Claim?

California law requires drivers to have enough insurance to pay up to $15,000 to an individual person for bodily injury up to a minimum of $30,000 per accident for bodily injury. The minimum amount of coverage to damage to your personal property, like your car, rental car, car contents, etc. in California is $5,000. These are the same limits your policy has to offer in uninsured motorist coverage. This allows most drivers to drive knowing there are at least these minimum amounts of coverage available to them when hit by an uninsured driver or oftentimes in the case of hit-and-run accidents.

You can also buy higher limits or uninsured motorist coverage above the minimum amounts. Usually, the amount of your uninsured motorist coverage can be no higher than the amount of liability coverage, or coverage to pay for injuries and damages caused by you.

Will Turning In an Uninsured Motorist Claim Raise My Insurance Rates?

While it is nearly impossible to predict what an automobile insurance company may do if you submit an uninsured motorist claim, it stands to reason that your rates should not increase if the accident was not your fault. Since your insurance company steps into the shoes of the uninsured driver, the accident should be treated as if you did nothing to cause the claim for insurance rate purposes. If your insurance company does raise your rates because of an uninsured motorist accident that was in no way your fault, you may wish to consider “voting with your pocketbook” and comparing rates for the same coverage with other insurance companies.

Contact us today at (559) 436-0850 to schedule a free consultation. Or learn more by reading about why our clients choose us.

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Personal Injury
Auto AccidentsTruck AccidentsMotorcycle AccidentsUninsured Motorist ClaimsUnderinsured Motorist ClaimsPedestrian and Bicycle AccidentsPremises Liability Slips, Trips and FallsDangerous and Defective ProductsBurn InjuriesElectrocution InjuriesWrongful DeathDog Bites
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How Can I Help?
  • Have You Been Injured in a Car Accident?
  • What Should I Expect to Happen in an Injury Case?
  • Have You Lost the Ability to Use Your Car or Travel to Work Due to a Car Accident?
  • When Should I Report my Accident to the DMV?
  • Have You Been Injured by a Semi-Trailer or Other Commercial Truck?
  • Why Is my Car Accident Case Taking so Long to Settle?
  • Why Is the insurance Adjuster Asking for my Social Security Number?
  • Who Can Attend a Deposition?
  • Why Do Insurance Companies Hire Private Investigators?
  • How will the Settlement Check(s) Be Issued?
  • Should You Disclose Your Insurance Policy Limits to the Other Party?
  • What if the At-Fault Driver Doesn’t Have Enough Insurance?
  • Will my Insurance Rates Increase if I Make an Uninsured Motorist Claim?
  • Have You Been Injured Due to a Slip, Trip or Fall?
  • Have You Been Injured on Another Property Owner's Premises?
  • Have You Been Injured in a Pedestrian and Motor Vehicle Accident?
  • Have You Been Injured While Riding a Bicycle in Traffic?
  • Have You Been Injured by a Dangerous or Defective Product?
  • Have You Been Injured with a First to Third Degree Burn?
  • Have You Been Injured by an Electrocution Due to Another's Carlessness?
  • Have You Experienced the Wrongful Death of a Loved One or Family Member?
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Recent News

  • You Should Talk to an Attorney Before Signing a Release from an Insurance Adjuster

    You Should Talk to an Attorney Before Signing a Release from an Insurance Adjuster

    March 10, 2018
  • Why are you getting sued when the other driver was at fault?

    Why are you getting sued when the other driver was at fault?

    February 13, 2018
  • Can a child file a lawsuit on their own?

    Can a child file a lawsuit on their own?

    December 19, 2017

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Testimonials

My job starts when I leave home...Two cars hit me head on... Out of all the attorneys on Youtube, Frank M. Nunes at Nunes Law stood out... Frank told me that after meeting he thought that he could help me with my case... Frank helped me get a workers' comp attorney...Frank worked with my worker's comp attorney...Frank worked hard on my case. He took the time to explain everything to me. Frank really got my case going. He got results. He settled out of court. I was very satisfied with the settlement. Frank did a fantastic job. Thank you, Frank...– Jerry B.

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My daughter and I were looking for an attorney after being involved in a car accident. After reading many exceptional reviews about The Law Office of Frank M. Nunes, we contacted them. We went to an interview and were very impressed. We would suggest that if you are looking for an attorney who is honest, straight-forward, and very personable, who will get the most for your injuries, then look no further. Frank Nunes is the attorney for you!....– Shirley H.

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I have worked with a number of attorneys over my 73 years. When I found myself a victim of a rear end auto accident and with Insurance Companies giving me the good old run around....– Gerald

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We were looking for a lawyer for a lawsuit against a woman who hit me with her car. … Frank was able to collect from her insurance and our insurance, which was very helpful for us...– Sharon J.

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[Frank Nunes] came highly recommended by an insurance company employee who knew [him]. Mr. Nunes is very knowledgeable about the field of auto accidents; he is very practical and pragmatic....– Susan H.

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We were looking for a lawyer because we had a serious car accident and when we met Frank Nunes we felt comfortable and we knew he was trust worthy. We would recommend Frank Nunes in a heart beat....– Guadalupe C.

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You are the best! [You are] trustworthy and so helpful. You answered all of my questions and kept me in the loop with my case....– Stormie W.

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Law Offices of Frank M. Nunes
Fresno Personal Injury Lawyer

6073 N. Fresno Street, Suite 101
Fresno, CA 93710

Phone: (559) 436-0850
Fax: (559) 436-0802
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