Barry P. Goldberg | Source | Trial Attorney at Barry P. Goldberg, A Professional Law Corporation

The California Uninsured Motorist Law, Insurance Code section 11580.2, continues to confuse and frustrate practitioners when it comes to uninsured and underinsured-motorist discovery. Because of a huge number of uninsured motorists and the perilously low minimum-liability limits, many California motor- vehicle cases implicate an insured’s own UM/UIM policy. Because the UM/UIM claim is ostensibly against an insured’s insurer, it is confusing when discovery rights arise, understanding the nuances of UM/UIM discovery rights, and enforcement of discovery orders. This article will demystify the process and recommend best discovery practices. (Further statutory references are to the Insurance Code unless otherwise indicated.)

Uninsured and underinsured motorist arbitrations should be relatively straightforward and self-executing. However, they are not. The California Uninsured/Underinsured Motorist Law, Insurance Code section 11580.2, set out to provide a prompt and relatively inexpensive resolution of disputes between an insured and his or her insurer as an alternative to full-scale litigation and a trial. In fact, the law pre-dated the California Financial Responsibility Law and the operative discovery statutes. As such, there is no clear path to securing an arbitration and no set procedures for conducting the actual arbitration.