If you’re involved in a motor vehicle accident, whether as a driver or a pedestrian, and you discover that the at-fault party is uninsured, you’ll have to rely on what’s known as uninsured motorist coverage through your own insurance company. The recommendation is to ensure you have sufficient uninsured motorist coverage, which includes underinsured motorist coverage. This coverage acts as a safety net in case the at-fault party is uninsured or underinsured.

In the event that you need to file an uninsured motorist claim or an underinsured motorist claim, it essentially becomes a claim against your own insurance company. This is considered both a tort claim and a contract claim since you’ve paid premiums for this policy of insurance, which represents a contractual agreement. In California, this agreement is governed by the Covenant of Good Faith and Fair Dealing.

The Covenant of Good Faith and Fair Dealing means that your insurance company, which you’ve faithfully paid premiums to, has a duty to act in your best interest. If, however, they fail to do so, engaging in what is known as bad faith, you may have grounds for a bad faith lawsuit. This could occur if your lawyer advises the insurance company to pay benefits you’ve been entitled to, and they fail to do so, potentially exposing them to a bad faith lawsuit.

In the scenario of uninsured motorist coverage, where reliance on your own insurance is necessary, it’s crucial to have legal representation if your insurance company engages in tactics such as deny, delay, or defend. In such cases, demanding arbitration, involving lawyers, and pushing the case forward through legal channels may be necessary.