Quick answer
An uninsured motorist claim is a claim on your own auto policy when the at-fault driver has no insurance, or in a qualifying hit-and-run. Underinsured coverage fills the gap when their limits are lower than yours. Under Insurance Code section 11580.2, disputes go to arbitration, and within two years of the accident you must sue the uninsured driver, settle with your insurer, or formally start arbitration.
An uninsured motorist claim in California is a claim against your own auto insurance when the at-fault driver has no insurance, or in a qualifying hit-and-run. Underinsured motorist coverage works the same way when the at-fault driver’s limits are lower than yours. The key rule to know is the deadline: within two years of the accident you must file suit against the uninsured driver, reach an agreement with your insurer, or formally start arbitration.
We are B&D Law Group, APLC, a California personal injury firm. This guide explains how UM and UIM coverage works under Insurance Code section 11580.2 and how a claim is handled.
What Uninsured Motorist Coverage Is
Section 11580.2 requires auto insurers to offer uninsured motorist coverage, and it can be deleted only by a written agreement in the form the statute sets out. Check your declarations page to see whether you have it and at what limits. Coverage generally protects you and people in your car. For a hit-and-run, the statute generally requires physical contact between the unidentified vehicle and you or the vehicle you were in. You must also report the crash to the police or CHP within 24 hours and give your insurer a sworn statement within 30 days.
Underinsured Motorist Coverage
Underinsured motorist coverage applies when the at-fault driver has insurance, but less than your own UIM limits. UIM generally does not apply until the at-fault driver’s liability limits have been paid out, and your insurer can then offset what was paid, so UIM generally covers the difference up to your limits. Section 11580.2 also bars stacking: you cannot add the limits of two or more vehicles on your policies together.
How a UM Claim Is Handled
You notify your own insurer and submit the claim much as you would against the other driver’s company. Even though it is your insurer, it is evaluating a claim against it, so treat the process as a negotiation. If you and your insurer cannot agree on fault or the amount, section 11580.2 sends the dispute to arbitration before a neutral arbitrator rather than to a jury. See also our guide on what happens when the at-fault driver is uninsured.
The Two-Year Rule
Under section 11580.2(i), within two years from the date 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 due, or formally start arbitration, which is done by written notice to your insurer sent by certified mail. Missing that window can end the UM claim. Separately, Proposition 213 can limit non-economic damages for drivers who were uninsured themselves when they were hurt.
Related guides: how to report a car accident, how long insurers have to settle and who pays medical bills.
Frequently Asked Questions
What is an uninsured motorist claim?
A claim against your own auto policy when the at-fault driver has no insurance, or in a qualifying hit-and-run with physical contact.
What is the deadline for a UM claim in California?
Within two years of the accident you must sue the uninsured driver, agree with your insurer on the amount, or formally start arbitration, under Insurance Code section 11580.2(i).
Can I stack UM coverage from more than one car?
No. Section 11580.2 bars adding together the limits of two or more vehicles.
What happens if my insurer and I disagree?
The dispute generally goes to arbitration before a neutral arbitrator under section 11580.2.
Talk to a California Injury Lawyer
If the driver who hit you had little or no insurance, we can help you make a claim on your own policy. We handle these claims through our car accident attorneys and insurance claim attorneys practices. Call (888) 977-2238 or use our contact page.
Attorney advertising. This article is provided for general informational purposes only and does not constitute legal advice. Reading this article or contacting us does not create an attorney-client relationship. Every case is different and past results do not guarantee a similar outcome. If you have been injured, speak with a licensed attorney about your specific situation.
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