Car Accidents

What Is an Uninsured Motorist Claim in California?

The Herman Firm Legal Team  |  8 min read  |  Personal Injury

An uninsured motorist (UM) claim is a claim you make against your own auto insurance policy when you are injured by a driver who has no insurance or by a hit-and-run driver who cannot be identified. Instead of collecting from the at-fault driver, you collect from your own insurer, up to your UM coverage limits, for losses such as medical expenses, lost income, and pain and suffering. In California, UM coverage is governed largely by Insurance Code Section 11580.2.

Many drivers carry this coverage without ever reading what it does. Understanding it before you need it, or as soon as you do, can make a real difference.

What Uninsured Motorist Coverage Pays For

UM bodily injury coverage can generally help pay for medical bills, lost wages, and non-economic damages such as pain and suffering when an uninsured or unidentified driver causes your injuries. It exists so that you are not left without recovery because someone else broke the law by driving uninsured.

UM, UIM, and Medical Payments: What Is the Difference?

For a closer look at the situation where the other driver carries no coverage at all, see our article on what happens if the at-fault driver has no insurance but you do.

When Does an Uninsured Motorist Claim Apply?

A UM claim can apply when the at-fault driver has no liability insurance, when a hit-and-run driver cannot be identified, or in some cases when the at-fault driver’s insurer denies coverage or becomes insolvent. Passengers in your vehicle, and in some policies household members injured as pedestrians, may also be covered. Because policy language varies, the specific wording of your policy matters.

Do You Actually Have UM Coverage?

California insurers are generally required to offer UM coverage, but a policyholder can reject it in writing. Check your policy declarations page to see whether it is included and what limits you carry. If you are unsure, your insurance agent or the insurer can confirm it.

How an Uninsured Motorist Claim Works

1. Report the Accident

   Report the crash to the police and to your insurer. For a hit-and-run, prompt police reporting matters, and your policy may set its own notice requirements.

2. Get Medical Care and Document It

   Treatment records connect your injuries to the accident and form the backbone of the claim.

3. Establish That the Other Driver Was Uninsured or Unidentified

   Your insurer will want proof, such as the other driver’s lack of coverage or evidence that the driver fled.

4. Submit Your Claim and Documentation

   This includes medical records, bills, and proof of lost income, usually followed by a demand for compensation.

5. Negotiate, and If Needed, Arbitrate

   Many policies send disputed UM claims to arbitration rather than court.

Deadlines for UM Claims

Under Insurance Code Section 11580.2, a UM claim generally must be pursued within two years of the accident, either by filing suit or by demanding arbitration, depending on the policy. Some situations can change this timeline, so treat two years as an outer limit rather than a target, and read your policy carefully.

For how UM coverage interacts with a lawsuit against the at-fault driver, see our guide on whether you can sue after a car accident in California.

Frequently Asked Questions