Uninsured Motorist Claims in California

Read this guide to learn how UM and UIM coverage can protect you when the at-fault driver has no insurance or insufficient coverage.

If you were injured in a car accident caused by an uninsured driver, an underinsured driver or a hit-and-run driver in California, you may still have options for seeking compensation. An experienced California uninsured motorist lawyer can help you understand your rights under your auto insurance policy. Uninsured motorist (UM) and underinsured motorist (UIM) coverage may help pay for medical expenses, lost wages, and pain and suffering, depending on your policy and the circumstances of the accident. Contact us today for a FREE consultation with a California personal injury lawyer to discuss your claim and explore your legal options.

For more than 50 years, Our firm has helped injured people throughout California with personal injury claims and insurance disputes, including uninsured and underinsured motorist claims. Our California personal injury lawyers can help you understand your UM/UIM coverage, address insurance company disputes and pursue the compensation available under your policy. If you need an uninsured motorist attorney in California, our team is ready to help you navigate the claims process. Contact us today for your FREE consultation. There is no charge for the consultation.

What Is Uninsured Motorist (UM) Coverage?

Uninsured motorist coverage is part of many California auto policies. It pays for your injury-related losses when the person who caused the crash has no liability insurance. California law (Insurance Code section 11580.2) requires insurers to offer this coverage and it is generally included unless the policyholder rejects it in writing.

Many drivers on California roads are not insured, from city streets to freeways such as the I-5, Highway 99, the 101, the 80 and the 405. When one of them causes a collision, the injured person is left with a practical problem: a driver who cannot pay.

Who Is covered by UM coverage?

UM protection is broader than many people realize. Depending on the policy, coverage may extend to:

• The policyholder, whether driving, riding as a passenger, walking or cycling.
• Family members who live in your household, including relatives who do not own a car.
• Passengers in your vehicle at the time of the crash.
• You as a passenger in someone else’s vehicle, when the vehicle’s owner has UM coverage.
• Pedestrians and bicyclists who are covered through their own or a resident relative’s policy.

Even if you do not carry auto insurance yourself, you may still be covered through another person’s policy. If you think any of these situations apply, tell your attorney right away and provide every policy you can find.

What UM coverage pays for

UM bodily injury coverage generally pays for many of the same losses the at-fault driver’s liability insurance would have paid if it had existed, including:

• Ambulance, paramedic, hospital and medical bills, including dental, X-ray, MRI and prescription costs
• Lost wages, earnings and income
• Pain, suffering, disfigurement, emotional distress and loss of enjoyment of life
• Loss of future earnings and earning capacity
• Future medical care related to the crash

What UM Coverage May Not Cover

• Property damage. UM bodily injury coverage does not generally pay for car repairs, towing, rental, or loss of use. Those losses may be covered by your collision coverage (subject to your deductible), a deductible waiver, rental reimbursement, towing coverage or, in some policies, a separate uninsured motorist property damage provision. Review your declarations page carefully and give a copy to your attorney.
• Punitive damages. These are generally not part of a UM claim. If your own insurer mishandles your claim, however, you may have a separate bad faith action (see below).

Hit-and-Run Accidents and Unidentified Drivers

If a driver caused your injuries and left the scene, California UM coverage may still apply. Policies commonly impose special requirements for unidentified drivers, which can include prompt police reporting, a sworn statement within a short period and proof that a vehicle was involved, sometimes including physical contact. These conditions vary and are strictly enforced, so do not wait to speak with a lawyer.

What Is Underinsured Motorist (UIM) coverage?

Underinsured motorist coverage applies when the at-fault driver has insurance, but the policy limits are too low to fully cover your losses. Uninsured coverage is for a driver with no insurance, while underinsured coverage is for a driver with too little.

California’s Minimum Limits Are Low

California’s minimum liability limits for policies issued on or after January 1, 2025 are $30,000 per person and $60,000 per accident for bodily injury and $15,000 for property damage. Before that date the minimums were $15,000, $30,000 and $5,000. A serious injury involving surgery, hospitalization or extended time away from work can easily exceed those amounts.

How UIM Works: The “Difference in Limits” Rule

In California, UIM coverage is reduced by whatever the at-fault driver’s insurer pays. In practice, your UIM carrier is responsible for the difference between your UIM limit and the at-fault driver’s limit and UIM generally applies only if your limits are higher than the other driver’s. This rule often surprises people.

How a UM or UIM Claim Is Handled in California

UM and UIM claims are not brought like a typical lawsuit against the at-fault driver. They are made to your own insurer and the usual steps are:

1. Notify your insurer of the accident and your intent to claim UM or UIM benefits.
2. Document your losses: medical records, bills, proof of lost income, photos and the police report.
3. Present a demand to your insurer with the supporting evidence.
4. Negotiate. Many claims resolve at this stage.
5. Pursue a lawsuit against the other driver if there is any question about insurance or collectible assets, when appropriate.

When Your Insurance Company Acts in Bad Faith

Your insurance policy is a contract and California law requires insurers to deal fairly. That includes a prompt and thorough investigation, timely responses and a fair settlement offer. California’s Unfair Insurance Practices Act (Insurance Code section 790.03(h)) and the Fair Claims Settlement Practices Regulations (California Code of Regulations, title 10, section 2695.1 and following) set standards for how claims must be handled.

Although the Insurance Code does not itself give you a private lawsuit for violations (Moradi-Shalal v. Fireman’s Fund Ins. Companies (1988) 46 Cal.3d 287), California recognizes a separate claim for breach of the implied covenant of good faith and fair dealing (Gruenberg v. Aetna Ins. Co. (1973) 9 Cal.3d 566). If an insurer unreasonably delays, fails to investigate or lowballs a valid claim, you may be able to pursue additional damages, which can include emotional distress and, in appropriate cases, punitive damages.

Warning Signs of Bad Faith

• Long delays without explanation
• Refusing to explain a denial or reduction in writing
• Offers far below the value of documented losses
• Demanding unnecessary documents repeatedly
• Misrepresenting what your policy covers
• Ignoring phone calls and letters

Deadlines for UM and UIM Claims

Time limits can end a claim permanently. In general, California requires a UM claim to be brought by arbitration or lawsuit within two years of the date of the accident (Insurance Code section 11580.2(i)). That deadline once was one year and it is a shorter period than some people expect. Your policy may also set its own notice and arbitration steps and some situations, such as underinsured claims involving a settlement with the at-fault driver, can involve different timing or tolling rules.

• Personal injury claim against the at-fault driver: generally two years (Code of Civil Procedure section 335.1).
• Wrongful death: generally two years (Code of Civil Procedure section 335.1).
• Breach of contract against the insurer: generally four years (Code of Civil Procedure section 337), but policy terms can change this.
• Bad faith tort claim: generally two years (Code of Civil Procedure section 339), counted from the insurer’s wrongful conduct or denial.
• Claims involving a government vehicle: a written government claim is often required within six months (Government Code section 911.2).

These are general rules and exceptions exist. Please do not risk losing or waiving any of your rights. Speak with an attorney as soon as possible.

How Insurance Companies Approach UM and UIM claims

Insurers treat UM and UIM claims as adversarial, even though the claim is against your own carrier. Common tactics include disputing that the other driver was at fault, arguing that your injuries were pre-existing, claiming treatment was unnecessary or too expensive, requesting extensive records, delaying decisions and making a low early offer. Knowing these tactics in advance helps you resist pressure.

A claim supported by thorough medical documentation, consistent treatment and clear proof of lost income is far more difficult to undervalue.

Statewide Experience: UM and UIM Claims Throughout California

Uninsured and underinsured driver collisions happen everywhere, from dense urban areas such as Los Angeles, San Diego and the San Francisco Bay Area, to the Central Valley, the Inland Empire, Sacramento, and rural highways. Walch Law handles these claims across California, including Los Angeles, Ventura, Orange, Riverside, San Bernardino, Kern and San Diego Counties and beyond. California’s UM and UIM rules and the deadlines that go with them, apply wherever your accident occurred.

Why Hire an Experienced Attorney in This Case?

When the driver who hurt you cannot pay, your own coverage may be your best resource. The sooner you act, the easier it is to protect evidence, meet policy requirements and avoid missing a deadline. Please contact us now for your FREE consultation. We are available 24/7.