Coarsegold, CA asked in Car Accidents and Personal Injury for California

Q: Are Ca auto insurers required to offer diminished value coverage?How to collect when other driver is under insured?

2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
  • Jess Ranch, CA
  • Licensed in California

A: If the other driver in an auto accident case is underinsured, you file your claim with your own insurance company under your um/uim coverage. I suggest you contact a good personal injury lawyer in your county, or where the accident occurred if different than where you live. For you to have a claim, you, of course, must carry uninsured/underinsured motorists coverage limits which are greater than the other driver's.

Tim Akpinar agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Personal Injury Lawyer
  • Sacramento, CA
  • Licensed in California

A: California auto insurers are not required to offer diminished value coverage. However, some insurance companies may offer it as an optional coverage.

As for collecting from an underinsured driver, you may be able to file a claim with your own insurance company under your uninsured/underinsured motorist coverage. This coverage is designed to provide compensation in the event that the at-fault driver is uninsured or does not have enough insurance to cover your damages. You should review your insurance policy to determine if you have this coverage and what the limits are.

If you do not have uninsured/underinsured motorist coverage, you may need to pursue other options such as suing the at-fault driver in court to collect damages. It may be helpful to consult with a personal injury attorney to discuss your options.

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