Yes, your own insurance may cover you if you’re hit by a drunk driver, depending on the type of coverage included in your policy. In California, uninsured and underinsured motorist coverage (UM/UIM) is one of the most important protections in these situations.
If the driver responsible for the crash has no insurance or doesn’t carry enough to cover your injuries and losses, your own insurance may help pay for your expenses. This type of coverage is optional in California, but insurance companies are required to offer it when a policy is sold.
Many drivers are unaware of their own protections until they’re already facing hospital bills and time off work. When a drunk driver causes serious harm and cannot cover the damage they’ve done, your policy may be the safety net you need. A knowledgeable Los Angeles DUI lawyer can help you review your coverage and pursue every benefit you’re entitled to.
How Your Own Insurance Might Apply if You’re Hit by a Drunk Driver
At BANA LAW, we’ve worked with many clients who were seriously injured by drunk drivers. Often, the at-fault driver in these cases either lacks insurance or carries only the minimum policy required by law. When that happens, your own auto policy may provide critical help.
These are the most common types of coverage that could apply:
- Uninsured Motorist (UM) coverage can help if the drunk driver had no insurance at all.
- Underinsured Motorist (UIM) coverage applies when the at-fault driver’s policy is too small to cover all your damages.
- Medical Payments (MedPay) may cover medical expenses regardless of who was at fault.
- Collision coverage can pay to repair your vehicle while liability is still being investigated.
Each policy is different. If you’re not sure what’s included in yours, our Los Angeles injury lawyers can review it with you and explain which protections apply to your situation.
"Even now, after our case is over, Ryan is still there for us whenever we need him. They're good people."
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California Law and Uninsured Motorist Coverage
Under California Insurance Code § 11580.2, insurance providers must offer uninsured and underinsured motorist coverage. While drivers are not required to purchase it, we always recommend doing so. This coverage can be essential after a crash with an uninsured driver or in a hit-and-run.
California has a high rate of uninsured motorists. That means even if you were hit by a drunk driver, there’s a chance their policy will not come close to covering your losses. In these cases, your own insurance may step in as the backup payer. We work with clients to ensure they receive the full benefits their policies allow.
What Happens if the Drunk Driver Flees the Scene?
It is not uncommon for drunk drivers to flee the scene after a crash. When someone is intoxicated, they may panic and try to avoid responsibility. If you’re the victim of a hit-and-run caused by a suspected drunk driver, uninsured motorist coverage becomes critical.
As long as we can show that a collision occurred and the other driver was at fault, your UM coverage can apply. Even if the driver is never found, we may still be able to pursue compensation through your policy. That’s why documenting the scene and filing a police report as soon as possible is so important.
"I felt very protected, especially the way Ryan answered any question I had. I was very happy with the results of my case."
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Can Using My Coverage Cause My Rates to Go Up?
Many clients are hesitant to use their own insurance after a crash they didn’t cause. It’s a fair concern. However, in most cases, using uninsured or underinsured motorist coverage will not raise your premiums.
California law protects drivers from rate increases when they file a claim for an accident that was not their fault. If your insurance company tries to increase your rates unfairly, we can help you challenge it. You should not be penalized for using the coverage you pay for.
"Our goal is to remove the stress of the case from you, so you can focus on treating your injuries and begin your road to recovery."
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What if the Drunk Driver Has Insurance, But It’s Not Enough?
California only requires drivers to carry $30,000 in liability coverage for injuries to one person. In many drunk driving accidents, this amount is far too small to cover medical care, lost income, and long-term recovery.
If the drunk driver’s insurance isn’t enough, your underinsured motorist coverage may make up the difference. We help our clients explore every available source of compensation, including:
- UM and UIM coverage
- MedPay or health insurance
- The at-fault driver’s liability coverage
- Possible third-party claims, depending on the circumstances
Our goal is to coordinate these options so you are not left with unpaid medical bills or lost wages after someone else’s reckless actions.
What to Do After a Drunk Driving Crash
If you’ve been hit by a drunk driver, your first priority should be your health. But protecting your legal rights is also important. Here are the steps we recommend:
- Call the police and report the crash.
- Get medical attention immediately.
- Take photos of your injuries, the scene, and both vehicles.
- Ask for a copy of the police report when it becomes available.
- Be careful when speaking to your insurance company.
- Contact a lawyer before signing anything or giving a recorded statement.
We help our clients take these steps early so that evidence is preserved and their rights are protected from the beginning.
How We Help DUI Crash Victims Use Their Coverage
At BANA LAW, we handle every part of the insurance process so you don’t have to. Whether it involves your policy or the drunk driver’s insurance, we deal directly with the companies, review all communications, and make sure you aren’t pressured into accepting a low settlement.
We also review your policy in plain language, help you understand what’s covered, and pursue the full value of your claim. If an insurance company tries to delay, deny, or minimize your compensation, we step in and fight back on your behalf.
Know What Your Policy Covers and Get the Help You Need
Many people don’t know what their own insurance can do for them until it’s too late. Understanding your coverage before or after a crash is one of the most important steps you can take. If you’ve been hit by a drunk driver, your own insurance could be a powerful tool in your recovery.
At BANA LAW, we have over 100 years of combined experience, and our team is here to help injury victims across California use every option available to them. If you’re unsure about what your policy covers, or if you’re facing resistance from your insurance company, we’re here to help guide you through it.
"We use over 100 years of combined legal experience to help our clients get the maximum compensation available under the circumstances."
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