You did everything right. You had insurance, you were following the rules of the road, and someone else still hit you — except now you’ve found out that driver either has no insurance at all, or nowhere near enough to cover what you’re facing. In California, that happens far more often than most people realize.
At Injury Attorneys by Amin Law, we handle uninsured and underinsured motorist claims for people hurt throughout California — whether you were in your own car, on a motorcycle, riding a bike, or walking when an uninsured driver hit you. These claims are technically different from a standard car accident case because you’re often filing against your own insurance company, and that company has its own incentive to pay you as little as possible. We know how to push back. Call us at 415-851-4300 for a free consultation.
What Is a UM/UIM Claim?
Uninsured motorist (UM) coverage pays you when the at-fault driver has no insurance at all. Underinsured motorist (UIM) coverage pays you when the at-fault driver has insurance, but their policy limit isn’t enough to cover your medical bills, lost wages, and other losses. Both are typically part of your own auto insurance policy — you’re filing a claim against your own insurer, who then effectively stands in the at-fault driver’s shoes.
California doesn’t require drivers to carry UM/UIM coverage, but insurers are required to offer it at the same limits as your liability coverage, and you have to sign a written waiver if you decline it. If you never signed a waiver, there’s a good chance you already have this coverage without realizing it.
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Why UM/UIM Coverage Matters So Much in California
California has one of the highest rates of uninsured drivers in the country. According to the Insurance Research Council, an estimated 16 to 17% of California drivers — roughly one in six or seven — are uninsured. Even among drivers who do carry insurance, many carry only the state minimum, which often isn’t close to enough to cover a serious injury.
California’s minimum liability limits increased on January 1, 2025, from the old $15,000/$30,000/$5,000 (“15/30/5”) to $30,000/$60,000/$15,000 (“30/60/15”) under Senate Bill 1107, the state’s first increase to these limits since 1967. That’s an improvement, but $30,000 per person still doesn’t go far — a single ambulance ride, ER visit, and a few weeks of physical therapy can burn through that limit before you’ve even started meaningful treatment. When the at-fault driver’s policy runs out and your injuries haven’t, UM/UIM coverage is what stands between you and paying those costs yourself.
A New Wrinkle for Rideshare Passengers
If you regularly use Uber or Lyft, there’s a change worth knowing about. Until January 1, 2026, rideshare companies were required to carry $1 million in UM/UIM coverage for passengers. Under California SB 371, that requirement dropped to just $60,000 per person and $300,000 per incident — a roughly 94% cut. If you’re hit by an uninsured driver while riding in an Uber or Lyft, that $60,000 limit can disappear fast in a serious injury case, which makes your own personal UM/UIM coverage more important than ever. We cover this in more detail on our Rideshare Accident Injuries page.
Who We Help With UM/UIM Claims
Most people think of UM/UIM coverage as something that only applies to drivers, but it can apply much more broadly. We represent:
- Drivers hit by an uninsured or underinsured motorist
- Passengers in a vehicle struck by an uninsured or underinsured driver
- Pedestrians struck by a driver with no insurance or insufficient coverage
- Cyclists hit by an uninsured or underinsured driver
- Motorcyclists, who are especially vulnerable to catastrophic injury when the at-fault driver’s coverage falls far short of the real cost of treatment — see our Motorcycle Accidents page
- Hit-and-run victims, since an at-fault driver who flees the scene is treated the same as an uninsured driver for UM purposes in most cases
Common Situations That Lead to UM/UIM Claims
- A driver with no insurance runs a red light or stop sign and T-bones another vehicle
- A driver carrying only the state minimum coverage causes a serious freeway collision
- A hit-and-run driver strikes a pedestrian or cyclist and leaves the scene
- An uninsured driver rear-ends a vehicle stopped in traffic on a Bay Area or Los Angeles freeway
- A motorcyclist is struck by a driver whose insurance limits don’t come close to covering the resulting injuries
- A driver hits a pedestrian in a crosswalk and their policy limit is exhausted long before medical treatment is finished
Common Injuries in UM/UIM Cases
Because UM/UIM claims often arise from the same kinds of collisions as any other car, motorcycle, or pedestrian accident, the injuries can be just as serious:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Fractures requiring surgery
- Internal injuries
- Whiplash and other soft tissue injuries that develop into chronic pain
- Wrongful death
The more severe the injury, the more likely it is that the at-fault driver’s coverage — if they have any — won’t be enough, making a well-handled UM/UIM claim essential to full recovery.
Why UM/UIM Claims Are Handled Differently
A UM/UIM claim isn’t a lawsuit against the other driver — it’s a claim against your own insurance company, and in California, that claim typically proceeds to binding arbitration rather than a jury trial if it can’t be settled. Your insurer, even though you’ve paid premiums for years, still has a financial incentive to minimize what they pay you. Common tactics include:
- Disputing the severity of your injuries or arguing they’re unrelated to the crash
- Delaying the claims process in hopes you’ll settle for less out of frustration
- Arguing that a pre-existing condition, not the accident, explains your symptoms
- Undervaluing future medical costs and lost earning capacity
Because you’re not dealing with an adversary’s insurer but your own, it’s easy to assume the process will be straightforward. It often isn’t, and having an attorney who knows how these claims are evaluated and arbitrated makes a real difference.
What Compensation Can You Recover in a UM/UIM Claim?
UM/UIM claims can recover many of the same damages as a standard injury claim, up to your policy’s coverage limits:
- Medical expenses, past and future
- Lost wages and lost earning capacity
- Pain and suffering
- Emotional distress
- Wrongful death damages, if a loved one was killed by an uninsured or underinsured driver
Frequently Asked Questions About UM/UIM Claims in California
How do I know if I have UM/UIM coverage?
Check your auto insurance policy’s declarations page, or call your insurer directly. If you never signed a written waiver declining the coverage, there’s a strong chance you have it, since California requires insurers to offer it automatically at your liability limits.
The other driver had some insurance. Can I still file a UM/UIM claim?
Yes, if their coverage isn’t enough to fully compensate you. This is called an underinsured motorist (UIM) claim, and it makes up the difference between what the at-fault driver’s insurer pays and the true value of your damages, up to your own policy’s UIM limit.
I was walking or riding a bike, not driving. Can I still make a UM/UIM claim?
Yes. Pedestrians and cyclists can typically make a UM/UIM claim under their own auto policy — or, in some cases, a household member’s policy — if they’re struck by a driver with no insurance or insufficient coverage.
What if I don’t own a car? Can I still have UM/UIM coverage?
Possibly. If you live with a relative who has an auto policy with UM/UIM coverage, you may be covered as a resident relative, even if you don’t own a vehicle yourself. This is worth exploring with an attorney rather than assuming you have no coverage.
Do I have to sue my own insurance company?
Not exactly — most UM/UIM disputes in California are resolved through arbitration rather than a courtroom lawsuit, per the terms of most auto policies. That said, the process is still adversarial, and your insurer is still represented by professionals working to minimize your payout.
How long do I have to file a UM/UIM claim in California?
UM/UIM claims are governed by your insurance policy’s terms as well as California law, and deadlines can be shorter than the standard two-year statute of limitations for personal injury claims — some policies require notice within a matter of months. Because of this, it’s important to talk to an attorney as soon as possible after the accident.
What if the at-fault driver fled the scene and was never identified?
Hit-and-run accidents where the driver is never found are generally treated the same as uninsured motorist claims, so your UM coverage should still apply. Prompt police reporting and documentation are especially important in these cases.
Can I stack UM/UIM coverage from multiple policies?
In some circumstances, California allows “stacking” of UM/UIM coverage across multiple vehicles on a single policy or across multiple policies, which can significantly increase the total coverage available. Whether stacking applies depends on your specific policy language, so it’s worth having an attorney review your coverage.
Contact Our UM/UIM Claims Team Today
If you were hurt by a driver with no insurance, or not enough insurance, you don’t have to fight your own insurance company alone. Contact Injury Attorneys by Amin Law today by filling out the online form or calling us at 415-851-4300. We’ll schedule a free consultation to review your case at no cost and no obligation.
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