What Is an Uninsured or Underinsured Motorist Claim in California?
An uninsured or underinsured motorist (UM/UIM) claim allows injured drivers, passengers, and pedestrians in California to seek compensation through their own auto insurance policy when the at-fault driver lacks insurance or does not carry enough coverage to pay for the injuries they caused.
Uninsured Motorist (UM) Claims
An uninsured motorist claim applies when:
The at-fault driver has no auto insurance
The driver fled the scene (hit-and-run)
The at-fault driver’s policy was invalid or lapsed
In these situations, your UM coverage steps in to cover medical expenses, lost income, pain and suffering, and other accident-related damages.
Underinsured Motorist (UIM) Claims
An underinsured motorist claim applies when:
The at-fault driver has insurance, but
Their policy limits are too low to fully compensate you for your injuries
UIM coverage can help bridge the gap between the at-fault driver’s policy limits and the true value of your claim.
Why These Claims Are Often Disputed
Although these claims are filed with your own insurance company, insurers often:
Dispute fault
Minimize injury severity
Delay or deny valid claims
Offer settlements far below fair value
Because of this, uninsured and underinsured motorist claims often require experienced legal representation to ensure insurance companies honor their obligations under the policy.
Do I Need an Uninsured Underinsured Motorist Lawyer in California?
While California law does not require you to hire a lawyer to file an uninsured or underinsured motorist claim, having experienced legal representation can make a major difference in the outcome of your case—especially when insurance companies push back.
Why These Claims Are More Complicated Than They Appear
Many people assume that filing a claim with their own insurance company will be straightforward. In reality, UM/UIM claims often involve:
Disputes over who was at fault
Challenges to the seriousness or cause of injuries
Arguments over policy language and coverage limits
Delays, denials, or low settlement offers
At this stage, your insurer is no longer acting as a neutral party—it is a business trying to limit how much it pays.
How an Uninsured Underinsured Motorist Lawyer Helps
An experienced California uninsured underinsured motorist lawyer can:
Review your insurance policy and identify all available coverage
Gather medical records, accident evidence, and expert opinions
Accurately calculate the full value of your claim
Handle all communication with the insurance company
Push back against unfair delays, denials, or lowball offers
Take the case to arbitration or litigation if necessary
When Hiring a Lawyer Is Especially Important
Legal representation is strongly recommended if:
Your injuries are serious or long-term
The insurance company disputes fault or coverage
You are offered a settlement that does not cover your losses
You are unsure how much your claim is actually worth
What Compensation Is Available in Uninsured and Underinsured Motorist Claims?
In California, uninsured and underinsured motorist (UM/UIM) coverage is designed to compensate accident victims when the at-fault driver cannot fully pay for the harm they caused. The exact compensation available depends on your injuries, losses, and the limits of your insurance policy.
Types of Compensation You May Recover
An uninsured or underinsured motorist claim may allow you to recover compensation for:
Medical expenses
Emergency care, hospital stays, surgery, rehabilitation, physical therapy, and future medical treatmentLost wages and reduced earning capacity
Income lost while recovering and future losses if your injuries limit your ability to workPain and suffering
Physical pain, emotional distress, anxiety, and loss of enjoyment of lifePermanent disability or disfigurement
Compensation for long-term or life-altering injuriesWrongful death damages
If a loved one was killed by an uninsured or underinsured driver, surviving family members may pursue compensation through UM/UIM coverage
Policy Limits Matter
Unlike claims against fully insured drivers, UM/UIM claims are limited by your own insurance policy limits. For example:
If your UIM policy limit is $250,000, that is typically the maximum available—regardless of how severe your injuries are.
Any payment received from the at-fault driver’s insurer is usually offset against your UIM coverage.
Understanding how these limits apply requires careful analysis of your policy and the facts of your case.
Why Insurance Companies Dispute Damages
Insurance companies often attempt to:
Undervalue pain and suffering
Downplay future medical needs
Argue injuries were pre-existing
Minimize long-term impact on your life
This is why having an experienced uninsured underinsured motorist lawyer in California is critical to ensuring all damages are properly documented and aggressively pursued.
Deadlines and Legal Requirements for Uninsured and Underinsured Motorist Claims in California
Uninsured and underinsured motorist (UM/UIM) claims in California are governed by strict deadlines and policy-specific requirements. Missing a deadline or failing to follow your insurer’s procedures can jeopardize your right to recover compensation—even if your claim is otherwise valid.
Notice Requirements
Most insurance policies require you to:
Notify your insurer promptly after an accident involving an uninsured or underinsured driver
Cooperate with the insurer’s investigation
Provide medical records, accident details, and proof of damages
Failing to give timely notice may allow the insurance company to deny the claim.
Statute of Limitations
California law generally requires UM/UIM claims to be resolved within specific timeframes, which may include:
A deadline to formally demand arbitration
Time limits tied to when you discovered the extent of your injuries
Separate deadlines if a lawsuit against the at-fault driver is required first
These timelines can vary depending on the facts of the accident and the language of your policy.
Arbitration Requirements
Unlike standard injury lawsuits, many UM/UIM claims must be resolved through binding arbitration rather than a traditional court trial. This process has its own rules, evidence standards, and procedural requirements.
Insurance companies are well-versed in arbitration—and accident victims are often at a disadvantage without legal representation.
Why Legal Guidance Matters
An experienced uninsured underinsured motorist lawyer can:
Track and comply with all deadlines
Ensure proper notice is given
Handle arbitration demands and hearings
Prevent insurers from using technicalities to deny valid claims
How ER Trial Lawyers Helps With Uninsured and Underinsured Motorist Claims
Uninsured and underinsured motorist claims require a law firm that understands both insurance tactics and trial-level advocacy. At ER Trial Lawyers, we represent accident victims throughout California who are facing denied, delayed, or undervalued UM/UIM claims.
Comprehensive Case Evaluation
We begin every case by:
Reviewing your insurance policy in detail
Identifying all available UM and UIM coverage
Evaluating the true value of your injuries and losses
Explaining your legal options clearly and honestly
Dealing Directly With Insurance Companies
Insurance companies often treat UM/UIM claims as adversarial—even though the claim is filed under your own policy. Our firm handles all communication and negotiations, including:
Responding to coverage disputes
Challenging low settlement offers
Preventing recorded statements from being used against you
Holding insurers accountable to their contractual obligations
Preparing Every Case as If It Will Go to Trial
Even when arbitration is required, our approach is the same:
Gather strong medical and accident evidence
Work with experts when needed
Present a compelling case that demonstrates full damages
Apply pressure that insurance companies take seriously
This trial-ready strategy often results in stronger settlement offers and better outcomes for our clients.
No Fees Unless We Win
Clients pay nothing upfront. Our firm works on a contingency fee basis, which means:
No legal fees unless we recover compensation for you
No risk in having your case evaluated
Access to experienced legal representation regardless of financial situation
Frequently Asked Questions About Uninsured and Underinsured Motorist Claims
What is uninsured motorist coverage in California?
Uninsured motorist coverage protects you if you are injured by a driver who has no auto insurance or in hit-and-run accidents. This coverage allows you to seek compensation through your own insurance policy.
What is underinsured motorist coverage?
Underinsured motorist coverage applies when the at-fault driver has insurance, but their policy limits are too low to fully cover your injuries and damages. Your UIM coverage may help make up the difference.
Is uninsured motorist coverage required in California?
California insurers must offer uninsured motorist coverage, but drivers can decline it in writing. If you carry UM coverage, it can provide important financial protection after a serious accident.
Can I file an uninsured motorist claim for a hit-and-run accident?
Yes. Many hit-and-run accidents qualify as uninsured motorist claims if there is evidence that another vehicle caused the crash, even if the driver is never identified.
Will filing a UM or UIM claim raise my insurance rates?
Insurance companies generally cannot raise your premiums solely because you file a UM or UIM claim. However, insurers may attempt to use other factors when adjusting rates.
How long do I have to file an uninsured or underinsured motorist claim in California?
Deadlines vary based on your policy and the circumstances of the accident. Some policies require prompt notice and arbitration demands within specific timeframes, making it important to speak with a lawyer as soon as possible.
Do I need a lawyer for an uninsured underinsured motorist claim?
While not required, having an experienced uninsured underinsured motorist lawyer can help protect your rights, handle insurance disputes, and pursue full compensation—especially when claims are denied or undervalued.
How much does it cost to hire ER Trial Lawyers?
There is no cost or legal fee unless we recover compensation for you. ER Trial Lawyers works on a contingency fee basis, so you pay nothing upfront.
Get Help From an Uninsured Underinsured Motorist Lawyer in California Today
If you were injured by an uninsured or underinsured driver, you don’t have to face the insurance company alone. These claims are often contested, delayed, or undervalued—even when they are valid. Having the right legal team on your side can make a meaningful difference in the outcome of your case.
At ER Trial Lawyers, we represent accident victims throughout California in uninsured and underinsured motorist claims. Our firm understands insurance policy language, arbitration requirements, and the tactics insurers use to minimize payouts. We prepare every case as if it will go to trial so our clients are positioned for the strongest possible recovery.
No Fees Unless We Win
You pay nothing upfront and owe no legal fees unless we recover compensation for you. Your consultation is free, confidential, and comes with no obligation.
Speak With Our Legal Team Today
If you have questions about your coverage, policy limits, or the value of your claim, we’re here to help. Contact ER Trial Lawyers today to discuss your uninsured or underinsured motorist accident and learn how we can protect your rights.
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If there is no recovery, then there are never any fees or costs to you.
