November 2014

Uninsured/Underinsured Motorist Claims

California’s Uninsured Motorist Act (Insurance Code Section 11580, et seq.) requires that every automobile liability insurance policy include uninsured and underinsured motorist coverage, a type of bodily injury insurance designed to compensate the insured for damage inflicted by a financially irresponsible motorist. Underinsured motorist coverage applies when bodily injury is caused by an “underinsured motor vehicle” – a vehicle that is insured, but in an amount less than the uninsured motorist limits carried on the injured person’s vehicle (Insurance Code Section 11580.2(p)(2)).


Are There Time Limits on Victim Restitution?

The California Supreme Court recently depublished two appellate decisions on whether a victim can still seek restitution from a criminal defendant after that defendant is off of probation.

People v. Ford had held that criminal restitution could be sought even after a criminal defendant was off of probation.

People v. Hilton had found that unless a court reserved jurisdiction then jurisdiction is lost upon termination of probation.

The California Supreme Court will likely decide the issue within the next year.