Personal injury guide
Uninsured Motorist Coverage
Uninsured motorist coverage on your own policy pays for your injuries when the at-fault driver has no insurance, too little, or drives off.
The short answer
Your own policy may pay
Many drivers on California roads carry no insurance, and many more carry only the legal minimum, which is $30,000 per person for injuries. A serious injury can cost far more than that.
When the at-fault driver has no insurance, too little insurance, or cannot be found, the coverage that pays is often your own: the uninsured motorist (UM) and underinsured motorist (UIM) coverage on your auto policy.
Using that coverage means making a claim against your own insurance company. It has the same goal as any insurer, to pay no more than it must, and these claims carry rules and deadlines that ordinary claims do not.
Some of the steps that protect an uninsured motorist claim are easy to miss, and several deadlines are short, so it pays to act early.
This guide explains how UM and UIM coverage work, what is different about a hit-and-run, and the steps that keep a claim alive.
1. What uninsured motorist coverage pays
California insurers must offer UM coverage with every auto policy, and it stays on the policy unless you reject it in writing. UM bodily injury coverage pays for your injuries, including medical bills, lost income, and pain and suffering, up to your policy limits when the at-fault driver has no insurance.
It generally covers you, family members who live with you, and passengers in your car. It can also apply when you are hit while walking or riding a bicycle.
2. When the other driver has too little insurance
UIM coverage applies when the at-fault driver has insurance, but less than your own UM/UIM limits. You generally must first collect the at-fault driver’s policy limits. Your UIM coverage is then reduced by what that policy paid.
For example, if your UIM limit is $100,000 and the other driver’s insurer pays its $30,000 limit, your own policy can pay up to $70,000 more. UIM coverage helps only when your limits are higher than the other driver’s.
3. Hit-and-run crashes
UM coverage can apply when the driver who hit you is never identified. California generally requires that the hit-and-run vehicle actually made contact with you or your vehicle. Policies also require that the crash be reported to the police or the CHP within 24 hours, and that a claim be made with your insurer within 30 days.
After a hit-and-run, call the police right away, photograph any paint transfer or debris, and look for cameras and witnesses before the trail goes cold.
4. Check your own policy now
Find the declarations page of your auto policy and look for:
Uninsured and underinsured motorist bodily injury limits
Uninsured motorist property damage coverage
Medical payments coverage
Any written rejection of UM coverage
UM limits that match your liability limits protect you from the drivers who carry the least coverage.
5. Other sources that may help
Medical payments coverage on your own auto policy
Your health insurance
A vehicle owner or employer who is responsible for the driver
Rideshare company coverage, if a rideshare vehicle was involved
The at-fault driver personally, although uninsured drivers often have few assets
6. How the claim works
You give notice to your insurer, which opens a claim and investigates. When your treatment is complete, we send a demand with your records, bills, and proof of lost income.
Your own policy requires you to cooperate, which can include a recorded or sworn statement and a medical examination. You owe no such duty to the other driver’s insurer and are not required to give it a statement.
7. Arbitration, not a jury
If you and your insurer cannot agree on fault or the value of your injuries, the dispute generally goes to binding arbitration instead of a jury trial. An arbitrator, often a retired judge or an experienced lawyer, hears the evidence and decides.
8. Deadlines specific to UM claims
Within two years of the accident, you must do one of three things: file a lawsuit against the uninsured driver, reach an agreement with your insurer on the amount owed, or formally demand arbitration. Simply having an open claim is not enough.
Add the hit-and-run reporting deadlines above and the 10-day DMV report, and it is easy to see why these claims should not wait.
9. If you were driving without insurance
California law generally bars an injured driver who owned the car and had no insurance from recovering pain and suffering damages, although medical bills and lost income may still be recoverable. There are exceptions, including for passengers, so talk with us before assuming you have no claim.
Talk with us
Montanez Yu represents people injured in car accidents, pedestrian and bicycle accidents, dog bites, and slips and falls throughout Southern California, including claims against uninsured and hit-and-run drivers. Consultations are free. No fee and no costs unless we recover. Call (951) 444-7407 or request a free consultation, and bring your auto policy if you have it.
This guide is general information about California law, not legal advice for your situation. Reading it does not create an attorney-client relationship.