Uninsured and Underinsured Motorist Claims in California

It happens in a flash. One minute, you’re cruising down the freeway, the next, you’re pulled over on the shoulder, looking at the damage and trying to catch your breath. The other driver? Nowhere to be found—or worse, they don’t have insurance. So, where does that leave you? Car wrecked, injuries piling up, and medical bills staring you in the face.

But here’s the kicker: California has your back with uninsured motorist coverage. You might think it’s game over, but in reality, the right legal move could have you walking away with a solid payout. The trick? Knowing how to file your uninsured motorist claim and understanding the laws that protect you. Buckle up—this guide is here to show you exactly how to make sure you’re covered when the person who hit you isn’t.

Uninsured and Underinsured Motorist Coverage: The Legal Shield You Need

Here’s the cold truth—nearly 16% of drivers in California are uninsured. Yep, despite California Vehicle Code §16020 requiring liability insurance, a lot of people are still driving around without coverage. But don’t panic. This is where uninsured motorist coverage (UM) and underinsured motorist coverage (UIM) come in. These policies are designed to step in when the at-fault driver can’t pay for your damages.

Under California Insurance Code §11580.2, uninsured motorist coverage is a must for every auto insurance policy—unless you waive it in writing. That means unless you signed away this protection, your own policy will step in to cover the costs when the other driver can’t. This covers medical expenses, lost wages, and even pain and suffering.

Understanding the Laws that Protect You

Let’s break down some of the laws that will make or break your claim:

California Insurance Code §11580.2: This law requires that every auto insurance policy in California includes uninsured motorist coverage unless specifically waived in writing by the policyholder. This law ensures that you are covered when the at-fault driver is uninsured or flees the scene in a hit-and-run.

California Vehicle Code §16020: This code mandates that all drivers must carry minimum liability insurance. If they don’t, they’re breaking the law, but that doesn’t help you—UM coverage does.

California Insurance Code §11580.1(b)(2): When the other driver has insurance but not enough to cover your total damages, your underinsured motorist coverage will pick up the slack.

California Insurance Code §11580.26: This law allows you to claim property damage under your uninsured motorist coverage, but the payout is capped at $3,500. It’s a handy backup when dealing with hit-and-run incidents or drivers without insurance.

California Civil Code §3333.4: Known as the “no pay, no play” law, this statute bars uninsured drivers from recovering non-economic damages like pain and suffering—even if the other driver was at fault. Harsh? Yes, but it underscores why insurance is a must.

These laws are there to protect you—but only if you know how to use them.

Filing an Uninsured Motorist Claim: Step by Step

So, you’ve been hit, and the other driver doesn’t have insurance. What now? Here’s how to navigate the process:

Step 1: Report the Accident
Before anything else, call the police. Get a report. This not only documents the accident but is often required to file a claim. Then, call your insurance company to start the uninsured motorist claim process. Make sure you do this as soon as possible—there are strict timelines.

Step 2: Document Everything
This is where the real work begins. Take photos of the accident scene, your car, their car, and any injuries. Get witness statements and exchange contact information with anyone involved. If you don’t gather enough evidence, the insurance company could use it against you.

Step 3: Medical Attention Is Critical
Even if you feel fine, go see a doctor. Some injuries—like whiplash or internal bleeding—can take hours or days to show symptoms. Documenting every medical visit strengthens your case. Insurance companies will do everything they can to downplay your injuries, but with proper medical records, they won’t have a leg to stand on.

Step 4: Filing the Claim
Once you’ve reported the accident and gathered evidence, it’s time to officially file your uninsured motorist claim. Provide your insurance company with all the documentation you’ve gathered—police reports, photos, medical records, and witness statements. This is where having an attorney can be crucial. Insurance companies are notorious for offering lowball settlements.

Real-World Victories: How the Laws Play Out

Now, let’s put these laws into action with some real-world examples.

Take a driver rear-ended by an uninsured motorist on I-5. They were left with $40,000 in medical bills, but the driver who hit them had no insurance. Thanks to California Insurance Code §11580.2, they filed a UM claim with their own insurance. The insurance company initially offered a lowball settlement, but with the help of a savvy attorney, the case went to arbitration and the driver walked away with a six-figure payout.

In another case, a driver hit by someone with the minimum insurance policy racked up $75,000 in hospital bills and lost wages. The at-fault driver’s insurance maxed out at $15,000, leaving a huge gap. By invoking California Insurance Code §11580.1(b)(2), the victim’s underinsured motorist coverage filled the $60,000 hole, ensuring they weren’t left financially ruined by someone else’s recklessness.

Why You Need a Lawyer for Uninsured Motorist Claims

Here’s the truth: Insurance companies don’t like paying out on uninsured motorist claims. They’ll stall, offer low settlements, or even deny your claim altogether. You’re going to need a skilled attorney who knows how to fight back. That’s where a California uninsured motorist claim lawyer comes in.

An experienced lawyer will handle the heavy lifting—filing the paperwork, negotiating with the insurance company, and if necessary, taking your case to arbitration. California law requires that all disputes about uninsured motorist claims go to arbitration, not court. That means quicker results, but you still need someone who knows the ins and outs of the system.

You wouldn’t walk into a boxing match without a coach, right? Think of your lawyer as your coach—someone who knows the rules and how to land the winning blow.

Your Road to Recovery Starts Here

Being in an accident with an uninsured or underinsured driver doesn’t have to be a financial disaster. California’s uninsured motorist laws are designed to protect you, but you need to know how to use them. With the right moves, you can make sure you get every dollar you’re entitled to.

But don’t wait. Insurance companies are banking on you accepting their first lowball offer. Instead, call California Attorney Group at (310) 278-6666 today and let us fight to get you what you deserve.