A serious car accident in Los Angeles can become even more difficult when the driver who caused it has no insurance or carries only the minimum required coverage. In that situation, your own auto policy may provide another source of compensation through uninsured motorist (UM) or underinsured motorist (UIM) coverage.
Uninsured motorist (UM) coverage in California generally applies when the at-fault driver has no applicable liability insurance. UIM coverage may apply when the driver has insurance, but the policy limits are not enough to cover the full extent of your losses.
California insurers must offer UM/UIM coverage, although policyholders may reject it in writing. The California Department of Insurance’s auto insurance guide also explains that the actual policy controls the coverage available to you.
UM and UIM Coverage: What’s the Difference?
| Coverage | When it may apply |
|---|---|
| Uninsured motorist (UM) | The at-fault driver has no applicable liability insurance |
| Underinsured motorist (UIM) | The at-fault driver has insurance, but the available limits are insufficient |
| Uninsured motorist property damage (UMPD) | An identified uninsured driver damages your vehicle, if this coverage is included in the policy |
California’s Department of Insurance currently lists $30,000 per person and $60,000 per accident for basic uninsured/underinsured motorist bodily injury coverage and $3,500 for uninsured motorist property damage.
Your declarations page—not a general description of coverage—will show what protection you actually purchased.
How Does a UM or UIM Claim Work in California?
The process usually begins with identifying the other driver’s insurance coverage. If the driver is uninsured, the claim may proceed under your UM coverage. If the driver has insurance, you will need to determine whether the available liability limits are enough to address your damages.
For example, suppose another driver causes an accident and has only $30,000 in bodily injury coverage. If your medical treatment, lost income, and other legally recoverable damages exceed that amount, you may be able to pursue a UIM claim under your own policy.
That does not mean your insurer automatically pays the difference or the full amount of your UIM limits. The amount of a potential recovery may depend on:
- The limits and terms of your policy
- The amount paid by the at-fault driver’s insurer
- The nature and extent of your injuries
- Your medical expenses and lost income
- Whether liability is disputed
- Other available insurance
- California law governing the claim
Your insurance company may also investigate the accident and evaluate whether the injuries and losses you claim were caused by the collision.
If you are also dealing with a broader injury claim, our guide on protecting your compensation after a car accident provides additional information about documenting and pursuing accident-related losses.
For official information about California auto insurance requirements and available coverage, see the California Department of Insurance auto insurance guide.
Can You Make a UM Claim After a Hit-and-Run?
A hit-and-run may qualify as an uninsured motorist claim, but California law imposes specific requirements when the at-fault driver cannot be identified.
The available evidence may determine whether the claim can move forward. Useful evidence may include:
- A police report
- Statements from people who witnessed the collision
- Dashcam, traffic-camera, or surveillance video
- Photographs of the scene and vehicle damage
- Information about the direction in which the other vehicle left
- Medical records documenting injuries reported after the crash
Report the collision to law enforcement and notify your insurer as soon as possible. Your policy may contain notice requirements, and delays can make it harder to investigate what happened.
If the accident involved a pedestrian or bicyclist, you may also want to review our information about Los Angeles pedestrian accident claims.
Steps to Take After an Accident With an Uninsured or Underinsured Driver
After receiving medical attention and making sure the accident is reported, take the following steps:
- Notify your insurance company promptly. Tell the insurer that you may need to make a UM or UIM claim.
- Review your declarations page. Confirm whether UM/UIM coverage applies and identify the policy limits.
- Obtain the other driver’s insurance information. If the driver is insured, determine the available liability limits.
- Preserve evidence. Keep photographs, videos, police reports, witness information, repair estimates, and other records related to the accident.
- Document your losses. Maintain medical bills, treatment records, wage information, and notes about how the injuries affect your daily activities.
- Be careful with settlement documents. Do not sign a release with the at-fault driver’s insurer without first understanding whether it could affect your UM/UIM claim.
The California Department of Insurance recommends reviewing your policy, coverage limits, and deductibles carefully and provides additional guidance on what to do after an automobile accident.
California law also includes specific procedures for settling with the at-fault driver’s insurer while preserving a potential UM/UIM claim.
How Long Do You Have to File a UM or UIM Claim in California?
California Insurance Code section 11580.2 includes a two-year statutory framework for certain UM/UIM claims. The applicable deadline and required steps may depend on the circumstances, including whether the claim involves an identified driver, a hit-and-run, arbitration, or a dispute over coverage.
Your insurance policy may also require prompt notice and cooperation. Waiting until the deadline approaches can create unnecessary problems, particularly if the insurer needs time to investigate the accident or evaluate the claim.
If you believe you may have a UM or UIM claim, review the policy and seek advice about the applicable deadlines as soon as possible.
When Should You Speak With a Lawyer?
A lawyer may be helpful when:
- Your injuries are serious, permanent, or likely to require future treatment.
- The at-fault driver’s policy limits are too low to cover your losses.
- The other driver cannot be identified.
- Your insurer denies coverage or disputes the value of your claim.
- Fault for the accident is contested.
- You are asked to sign a settlement or release.
- You have substantial medical expenses, lost income, or other financial losses.
UM/UIM claims are not handled exactly like ordinary claims against another driver. Your own insurer may evaluate the claim, but it may also challenge liability, causation, the extent of your injuries, or the amount of your damages. The policy language and the evidence supporting your losses both matter.
For broader accident-related legal assistance, you can also learn about our Los Angeles car accident lawyers and Los Angeles personal injury lawyers.
Frequently Asked Questions
Is UM/UIM coverage required in California?
No. California insurers must offer UM/UIM coverage, but a policyholder may reject it in writing. If you are unsure whether you have the coverage, check your declarations page or request a copy of your policy.
What is the difference between UM and UIM coverage?
UM coverage generally applies when the at-fault driver has no applicable insurance. UIM coverage may apply when the driver has insurance, but the available limits are not enough to cover your damages.
Does UM coverage apply to a hit-and-run?
It may. California imposes specific requirements for claims involving unidentified drivers, so the police report, witness evidence, video, and other proof may be important.
Can UM/UIM coverage apply after a pedestrian accident?
Possibly. Coverage may depend on the policy, the relationship between the injured person and the insured vehicle, and the circumstances of the accident. A pedestrian should not assume that no vehicle coverage is available simply because they were not driving.
Will UIM coverage automatically pay the policy limit?
No. The policy limit is the maximum amount that may be available under the coverage; it is not an automatic payment. The insurer will consider the evidence of liability, injuries, damages, other insurance payments, and the terms of the policy.
Get Help With a California UM/UIM Claim
An uninsured or underinsured driver may not be your only potential source of compensation after a crash. Your own auto policy could provide important coverage, but the claim still requires careful attention to policy language, deadlines, evidence, and settlement procedures.
Before accepting payment from the at-fault driver’s insurer or signing a release, review how the settlement may affect any UM/UIM claim. Preserve your records, notify your insurer promptly, and obtain legal advice if the injuries or insurance issues are significant.
RA & Associates represents injured clients in Los Angeles and throughout California in motor vehicle and personal injury matters, including claims involving uninsured and underinsured drivers.
Romel Ambarchyan
Romel Ambarchyan is the Founding Partner and Managing Attorney at RA & Associates. With more than 10 years of experience in personal injury law, he reviews legal content to help ensure it is accurate, up to date, and aligned with current legal standards.