888-341-3071
495+The short answer: An uninsured motorist (UM) claim lets you recover from your own auto policy when the driver who hit you had no insurance. An underinsured motorist (UIM) claim covers the gap when the other driver’s coverage isn’t enough to pay for your injuries. In California, insurers must offer this coverage, and you file the claim with your own insurer, which is exactly why these claims can turn adversarial fast.
Not every driver on Riverside roads carries insurance, and some carry far less than they actually need. When one of them causes your crash, the bills don’t stop arriving just because the at-fault driver can’t pay them. That’s where an uninsured motorist claim comes in: it may let you recover through your own policy. Here’s how UM and UIM claims work in California, and what to watch for.
In this article, our experienced Riverside car accident lawyers discuss:
- The difference between uninsured and underinsured motorist claims
- How to check whether you have this coverage
- How to file an uninsured motorist claim in California
- Why these claims can turn adversarial
- What affects how much you can recover
- How The JLF Firm’s Riverside team can help
What’s The Difference Between An Uninsured And An Underinsured Motorist Claim?
An uninsured motorist (UM) claim applies when the at-fault driver had no liability insurance. In contrast, an underinsured motorist (UIM) claim applies when they had insurance that wasn’t enough to cover your losses. Both let you turn to your own auto policy for compensation.
Under California Insurance Code section 11580.2, an uninsured motor vehicle includes an underinsured motor vehicle, so the same part of your policy often addresses both situations. A hit-and-run driver who’s never identified may also fall under your UM coverage, though specific conditions apply.
How Do I Know If I Have Uninsured Motorist Coverage?
Start with your policy’s declarations page, which lists your coverages and limits, often shown as UM or UMBI. If you’re not sure, call your insurer or agent and ask, or send your policy to our team, and we’ll review it for free.
The California Insurance Code requires an insurer to provide uninsured motorists coverage in each bodily injury liability insurance policy it issues, and underinsured motorist coverage has been included in all policies providing uninsured motorist coverage issued or renewed on or after July 1, 1985. You can reject this coverage in writing, so it’s worth confirming you didn’t waive it when you bought your policy.
How Do You File An Uninsured Motorist Claim In California?
To file an uninsured motorist claim, notify your own insurer promptly, ideally in writing, and tell them you’re pursuing UM or UIM benefits. Then you’ll gather evidence of the crash and document your injuries, treatment, and lost wages before submitting a demand. If you and the insurer cannot agree on value, many California policies send the dispute to arbitration instead of court. Deadlines are critical: the general deadline to sue an at-fault driver for injury caused by the wrongful act or neglect of another is two years under Code of Civil Procedure section 335.1, but UM/UIM claims carry their own separate deadlines under Insurance Code section 11580.2, subdivision (i), which can bar a claim if you miss them.
Why Can An Uninsured Motorist Claim Turn Adversarial?
Even though you’re filing with your own insurer, a UM/UIM claim can become adversarial because your insurance company is now the party that has to pay. The same company that collected your premiums may suddenly downplay the seriousness of your injuries, question whether your treatment was necessary, or lowball what your claim is worth. This is exactly the tactic The JLF Firm was founded to fight. When your insurer treats you like an opponent instead of a customer, you need someone who knows how to push back with evidence and hold them accountable.
How Much Can I Get From An Underinsured Motorist Claim?
How much you can receive from an underinsured motorist claim depends on several factors, and no honest attorney can promise a number. What matters most is the limit of your own UM/UIM coverage, the severity of your injuries, your medical bills, your lost wages, and how the crash has affected your life. With UIM coverage, your recovery is generally reduced by what the at-fault driver’s insurer already paid. California follows pure comparative negligence, so if you were partly at fault, your recovery drops by your share, but you can still recover. California law also won’t let you add together, combine, or stack the limits of two or more vehicles or policies.
How The JLF Firm’s Riverside Team Can Help
You don’t have to take on your insurance company alone. Founded by Jeff Fayngor, The JLF Firm pairs seasoned attorneys with dedicated legal assistants who see your UM/UIM claim through from first call to final resolution. We investigate the crash, value your losses, deal with the adjuster, and stand up to the big companies standing in the way of your recovery. When you’ve been injured, you need a pro. Our Riverside office is at 6864 Indiana Avenue, #100B, Riverside, CA 92506. Schedule a free consultation with our Riverside car accident attorneys. Call our Riverside office at (888)536-6418.
Frequently Asked Questions About Uninsured Motorist Claims
How long do I have to file an uninsured motorist claim in California?
California’s general deadline to sue an at-fault driver for injuries is two years from the wrongful act that caused the injury under Code of Civil Procedure section 335.1. UM/UIM claims are governed by Insurance Code section 11580.2 and can carry their own strict deadlines and steps, such as formally demanding arbitration. Because a missed deadline can end your claim, talk to an attorney as soon as you can.
What does it cost to hire The JLF Firm?
Your consultation is free, and we handle car accident cases on a contingency fee basis. That means you don’t pay attorney fees unless we recover compensation for you, so you can focus on healing while our team takes on the insurance company.
What if I cannot identify the driver who hit me?
You may still have a claim. If a hit-and-run driver cannot be identified, your uninsured motorist coverage may step in, though California law sets specific conditions. Our Riverside team can review your policy and the facts, then explain your options at no cost.
