What Is an Uninsured Motorist Claim in California?
California law requires drivers to maintain auto insurance coverage, but as many as one in five Golden State drivers hit the road without a policy.
If you get into a car accident with an at-fault driver who doesn’t have insurance, you can file an uninsured motorist (UM) coverage claim through your own insurance policy. UM coverage is intended to help you recover the compensation you should have received from another driver who can’t pay what you’re entitled to.
Uninsured Motorist (UM) vs. Underinsured Motorist (UIM) Coverage
UM coverage usually comes bundled with underinsured motorist (UIM) coverage, which serves a similar purpose in situations where the other driver’s policy can’t provide enough compensation to pay for your damages. While UM kicks in when the liable party has no auto insurance policy, UIM helps bridge the gap between a low-limit policy and the full value of your injuries.
Before 2025, California historically had some of the lowest minimum auto coverage requirements of any state:
- $15,000 for bodily injury per person
- $30,000 for bodily injury per accident
- $5,000 for property damage per accident
While a recent law change doubled the bodily injury coverage minimums and tripled the property damage minimum, many drivers are still functionally underinsured in serious injury cases, where medical costs can easily skyrocket past the standard coverage limits.
What to Do If You Are Involved in a Hit-and-Run Accident
If you’re hit by a driver who then flees the scene, your hit-and-run crash will be treated as an uninsured motorist claim under California law. As there is no available at-fault policy, you must file a claim through your own UM coverage.
To file a UM coverage claim after a hit-and-run, you must report the crash to local police within 24 hours and notify your insurer that you were involved in a hit-and-run accident within 30 days. Under California insurance law, UM coverage is only available in cases where the hit-and-run driver physically contacted your vehicle, so be sure to save any repair records or damage estimates confirming the details of the crash.
Why UM/UIM Claims Are More Complicated Than People Expect
You might assume that having to deal with your own insurer instead of an opposing party would make a UM or UIM claim simple and easy in comparison. However, you and your insurance company will have opposing interests. Delays and denials are common in UM/UIM claims, as your insurer will likely aim to minimize or outright reject your claim to save money.
Insurance companies often dispute any of the following points when assessing UM/UIM claims:
- Whether you share liability for the accident, and to what extent
- Whether you’ve been following prescribed treatments and minimizing your medical costs
- How severe your injuries are
- The total coverage you’re entitled to under your policy limits, based on what you received from an underinsured motorist
Getting experienced legal guidance can help you push back against your insurance company and fight to secure the full compensation you deserve.
How Can an Uninsured or Underinsured Motorist Accident Lawyer Help You?
A trusted Walnut Creek uninsured motorist accident attorney can handle every aspect of your claim, letting you focus on healing instead of stressing about how to deal with your insurance company. Services your lawyer can provide include:
- Gathering evidence from the crash to strengthen your case
- Working with medical providers to ensure your injuries are fully documented
- Reviewing your policy to identify any available coverages
- Handling communications and negotiations with your insurance company
- Filing lawsuits and fighting in court to get you what you deserve, if necessary
Insurance companies often lead with lowball settlement offers that fall well short of the value of your injuries, so make sure not to engage with your insurer or agree to anything without consulting an experienced lawyer first.
Why Choose the Walnut Creek Uninsured Motorist Accident Lawyers at Venardi Zurada?
The trusted Bay Area legal team at Venardi Zurada has extensive knowledge of California’s auto policy laws and deep experience fighting insurance companies to get our clients the compensation they deserve. We’ve recovered over $100 million for our clients by taking on all types of motor vehicle cases, including car, truck, bicycle, and pedestrian accident claims.
We’re proud to serve the communities we live and work in, and we’re committed to treating our friends and neighbors like family. Our office in Walnut Creek is easily accessible to residents and features staff who know their way around local roads, rules, and insurers. We care about our clients, and we show it through our dedication to personalized service and clear, open communication.
Hear It From Our Clients
"The staff is hard working and friendly"
Venardi Zurada helped me with my accident. The staff is hard working and friendly. Great team and service.
Oscar C.
"Consistent and amicable"
They were very helpful and capable with my accident personal injury case! It was not an easy or entirely straightforward case. But I got a great settlement and am so happy with their representation! Really thankful to have found them, so glad I worked with them.
"Straightforward, Honest, and Caring Service"
100% recommend! Martin is straightforward, gets to the point, and handles your case with care. He’s very honest and communicates clearly, which I truly admire. He never leaves you feeling confused or ignored. He always responds in a timely manner. Diana, who works in the Walnut Creek office, is also fantastic. She responds quickly to questions and emails, and she’s very professional. Thank you both for all you’ve done. I truly appreciate you!
Raquel K.
What Compensation Can Be Recovered in a Walnut Creek Uninsured Motorist Claim?
If the accident caused a catastrophic injury, such as a spinal cord injury or traumatic brain injury, you can also recover various economic and non-economic damages through a UM/UIM claim. Economic damages compensate for your financial losses, including past, current, and future medical expenses, wages lost because of your injuries, and property damage to your vehicle.
Non-economic damages are for losses without an objective monetary value, such as emotional distress, pain and suffering, and loss of enjoyment of life resulting from the accident.
While punitive damages are available in some rare motor vehicle accident cases, UM/UIM coverage does not include them. You can only recover compensation up to your own UM/UIM policy limits, so some losses may still exceed the funds available to you.
If your loved one was catastrophically injured or even killed in the crash, you may be able to pursue an additional claim on their behalf.
How Long Do You Have to File an Uninsured Motorist Claim in California?
UM/UIM claims fall under California’s statute of limitations for personal injury cases, which is two years after an accident in most situations. However, your timeline for filing a claim will also be determined by the terms of your insurance policy, which may include notice requirements and tighter deadlines.
Failing to notify your insurer of a potential UM/UIM claim within 30 days of the crash can significantly impact your ability to recover compensation, so it’s important to act quickly. Reach out to the Walnut Creek uninsured motorist accident lawyers at Venardi Zurada today for help preserving your right to recover damages.
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Frequently Asked Questions About Uninsured Motorist Accidents
Do I Need Uninsured Motorist Coverage in California?
You aren’t required to carry uninsured motorist coverage under California law, but most drivers in the state do. UM/UIM is a useful contingency that can help you recover compensation in situations where you would otherwise be left with very little, so it’s worth considering.
What if the Other Driver Has Some Insurance But Not Enough?
Underinsured motorist coverage helps in this exact situation. When the other driver’s insurance limits aren’t enough to pay for your expenses, UIM kicks in to cover the excess losses.
Can My Insurance Company Deny My Uninsured Motorist Claim?
Yes, your insurance company can deny your uninsured motorist coverage claim. Insurers will often do everything in their power to minimize or eliminate their own liability. If your claim has been rejected, our uninsured motorist accident lawyers can help.
How Much Is My Uninsured Motorist Claim Worth?
The value of your uninsured motorist claim will vary greatly depending on the extent of your injuries, how much damage your vehicle suffered, and other factors. Our team can help estimate what your case might be worth.
