By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hit by an uninsured driver?
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How a UM/UIM claim works in California
A UM/UIM claim is made against your own insurer for what you could recover from the uninsured driver for bodily injury or wrongful death, up to your limits (Ins. Code § 11580.2(a)).
- It is on your policy by default. A named insured can delete it, exclude a named driver, or lower the limits only by a written agreement in the form the statute prescribes, and that agreement binds everyone on the policy.
- Limits. UM must be offered at limits equal to your bodily injury liability limits, though the insurer is not required to offer more than $30,000 per person and $60,000 per accident (§ 11580.2(m)). UIM must be offered at the same limits as UM, and the two are offered as a single coverage (§ 11580.2(n)).
- Who is covered. You, your spouse and household relatives, in a car “or otherwise,” plus passengers in your insured car (§ 11580.2(b)).
- What counts as uninsured. A vehicle with no bodily injury liability insurance, a vehicle whose insurer denies coverage or will admit it only with a reservation, an underinsured vehicle, an unknown hit-and-run vehicle, and a car used without the owner’s permission when no insurance applies (§ 11580.2(b)).
- Injury only. This coverage does not pay for property damage to your car (§ 11580.2(c)(1)).
Stolen cars are one example. In November 2026 a pedestrian was killed in a Hayward crosswalk by a Nissan that police said had been reported stolen in Fremont; the driver ran from the car and was still at large (Mission Boulevard and Gresel Street, Hayward). Our FAQ on being hit by an uninsured driver in California covers the first steps.
Hit-and-run drivers: three conditions you must meet
When the owner and driver are unknown, the car counts as uninsured only if all three of these are true (§ 11580.2(b)(1)-(2)):
- Physical contact. The injury arose from physical contact between the car and you or the car you were in. A driver who ran you off the road without touching your car does not qualify.
- A police report within 24 hours. To the city police where the crash happened, or to the sheriff or local CHP office in unincorporated areas.
- A sworn statement within 30 days. You file it with your insurer, stating that you have a claim against a person whose identity cannot be found, with the facts.
In August 2026 a 62-year-old man using a wheelchair was killed in a marked crosswalk at Vermont Avenue and 83rd Street in South Los Angeles; the driver did not stop, and the city’s reward of up to $50,000 was offered for information. Our California hit-and-run accident lawyer page covers the criminal case, restitution and victim compensation. For the report itself, see how to get a police report.
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Underinsured drivers: how the offset works
California compares the other driver’s liability limits with your own UM limits. A vehicle is underinsured only if it is insured for less than the uninsured motorist limits on the injured person’s vehicle (§ 11580.2(p)(2)). If the other driver carries $30,000 and your UM limit is also $30,000, there is no UIM claim.
- Exhaust first. UIM does not apply until the liability limits of every policy on the vehicles that caused the injury are paid out by judgment or settlement, and you send your insurer proof of payment (§ 11580.2(p)(3)).
- Subtract what you got. The most UIM pays is your UIM limit minus what was paid to you by or for anyone legally liable (§ 11580.2(p)(4)). With $100,000 in UIM and a $30,000 policy-limits payment from the at-fault driver’s insurer, up to $70,000 remains.
- Get consent before you settle. UM coverage does not apply if you settle with, or take to judgment, a liable person without your insurer’s written consent (§ 11580.2(c)(3)). If you sue the underinsured driver, you must promptly give your insurer a copy of the complaint (§ 11580.2(p)(6)).
Drivers on policies issued or renewed since January 1, 2025 must carry at least $30,000 per person and $60,000 per accident (Veh. Code § 16056). Our page on making a UIM claim walks through the paperwork, and the California car accident lawyer page covers the claim against the other driver.
Deadlines and arbitration
The two-year rule. No claim accrues under UM coverage unless, within two years of the crash, you have (A) filed suit against the uninsured motorist, (B) reached an agreement with your insurer on the amount due, or (C) formally started arbitration by written notice to the insurer sent by certified mail, return receipt requested (§ 11580.2(i)(1)). Because the statute’s definition of an uninsured vehicle includes an underinsured one, plan on this rule for UIM claims too. Your separate deadline to sue the at-fault driver is also two years (CCP § 335.1).
Arbitration. If you and the insurer disagree on whether you are entitled to recover or how much, the policy must send the dispute to arbitration before a single neutral arbitrator (§ 11580.2(f)). Civil discovery rules apply. If you have a workers’ compensation claim from the same crash, the arbitrator waits until your condition is stationary and ratable. Once started, the arbitration must be concluded within five years, with an extension tied to a pending workers’ compensation claim (§ 11580.2(i)(2)).
Offsets, stacking and the Prop 213 limit
- No stacking. Regardless of how many vehicles or policies or premiums are involved, limits may not be added together (§ 11580.2(q)). If more than one UM coverage applies, the policy can cap damages at the higher limit and prorate between them (§ 11580.2(d)).
- MedPay. The policy may reduce UM damages by medical payments coverage paid or due (§ 11580.2(e)). See how MedPay works in California.
- Workers’ compensation. A UM payment may be reduced by workers’ compensation benefits paid or payable (§ 11580.2(h)(1)).
- Prop 213. An injured person who owned an uninsured vehicle involved in the crash, or who was driving without financial responsibility, cannot recover pain and suffering, and a UM insurer is not liable to pay it either. An uninsured owner hit by a driver convicted of DUI keeps that right (Civ. Code § 3333.4(a)-(c)).
When your own insurer will not pay fairly
Every insurance contract carries an implied covenant of good faith and fair dealing. In Gruenberg v. Aetna Ins. Co. (1973) 9 Cal.3d 566, the California Supreme Court held that when an insurer unreasonably and in bad faith withholds payment of its insured’s claim, it is liable in tort, and the court cited an earlier appellate case involving an uninsured motorist claim (opinion). In a UM claim, your own insurer takes the uninsured driver’s side on fault and damages. Document lowball offers and delay while your two-year clock runs.
Keep your statements to the adjuster factual. Our page on what not to tell the insurance company applies to your own carrier too. If bills pile up while a UM claim is pending, read about cash advances on uninsured motorist claims before signing anything.
How common uninsured drivers are in California
The Insurance Research Council estimates that 20.4% of California drivers were uninsured in 2023, the eighth-highest rate in the country. The national figure was 15.4%, more than one in seven drivers (Insurance Information Institute).
We have car accident pages for Los Angeles, Santa Ana and Victorville.
California, Texas and Washington compared
| State | Is the coverage on my policy? | What counts as underinsured | Driver unknown | Remedy for unreasonable handling |
|---|---|---|---|---|
| California | Yes, unless a named insured deleted or reduced it in a signed agreement (Ins. Code § 11580.2(a)) | The other car’s limits are lower than your UM limits (§ 11580.2(p)(2)) | Physical contact, police report within 24 hours, sworn statement to insurer within 30 days (§ 11580.2(b)) | Tort claim for breach of the implied covenant of good faith (Gruenberg v. Aetna) |
| Texas | Yes, unless an insured named in the policy rejected it in writing (Ins. Code § 1952.101) | The other car’s limits are less than your UIM limit (§ 1952.103) | Actual physical contact (§ 1952.104(3)) | Actual damages and fees; up to three times actual damages if done knowingly (Ins. Code § 541.152) |
| Washington | Yes, unless a named insured or spouse rejected it in writing (RCW 48.22.030(4)) | No insurance, or limits less than the damages you are entitled to recover (RCW 48.22.030(1)) | Hit-and-run covered; phantom vehicle needs independent corroboration and a police report within 72 hours (RCW 48.22.030(8)) | Actual damages, fees and costs; up to three times actual damages (RCW 48.30.015) |
Of the three states, only California writes an arbitration process and a two-year deadline into the UM statute itself.
Related pages
- Texas uninsured motorist lawyer
- Washington uninsured motorist lawyer
- California hit-and-run accident lawyer
- California car accident lawyer
- Car and truck accident questions
- Areas we serve in California
Common questions
How long do I have to make an uninsured motorist claim in California?
Within two years of the crash you must sue the uninsured driver, reach an agreement with your insurer, or demand arbitration in writing by certified mail, return receipt requested (Ins. Code § 11580.2(i)). For an unknown hit-and-run driver, the police report is due within 24 hours and the sworn statement to your insurer within 30 days.
Does my UM coverage apply if I was walking or on a bike?
It can. The statute defines the insured to include the named insured, the spouse and relatives living in the household “while occupants of a motor vehicle or otherwise” (Ins. Code § 11580.2(b)). Passengers in your insured car are covered as well.
The other driver has $30,000 in coverage. Can I also claim UIM?
Only if your UM/UIM limits are higher than $30,000. California treats a car as underinsured when its limits are lower than your UM limits. After the other insurer pays its full limit, UIM pays up to your limit minus that payment (Ins. Code § 11580.2(p)).
A car ran me off the road but never touched me. Am I covered?
Usually not for an unknown driver. California requires physical contact between the unknown car and you or the car you were in (Ins. Code § 11580.2(b)(1)). If the driver is identified, you can claim against that driver and, if uninsured, under your UM coverage.
Do I have to go to court?
No. Disputes with your insurer over fault and damages go to a single neutral arbitrator (Ins. Code § 11580.2(f)).
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Sources
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.