An uninsured motorist claim pays the damages you could have recovered from the at-fault driver, up to the limit on your own policy, minus any credits your policy and state law allow. No one can tell you a dollar figure in advance. In California, the UM claim must generally be sued, settled or sent to arbitration within two years of the crash (Insurance Code 11580.2(i)).
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What decides how much my uninsured motorist claim pays?
Two numbers set the outer edges of the claim: the value of your damages and the limit you bought. Your own insurer pays in place of the driver who had no insurance, or not enough, so you must still show the other driver was at fault and what your injuries are worth.
Your limit is usually tied to your liability coverage:
- California: the Department of Insurance says UM bodily injury limits are the same as your liability limits (CDI guide).
- Texas: limits are offered in the amounts you choose, but not above your own liability limits and not below the state minimums (Insurance Code 1952.105).
- Washington: coverage is in the same amount as your liability coverage unless a named insured or spouse rejected all or part of it in writing (RCW 48.22.030).
If you carry the state minimum liability limits, your UM limit may be low too. The minimums are $30,000/$60,000 in California (DMV) and Texas (Transportation Code 601.072), and $25,000/$50,000 in Washington (RCW 46.29.090), for one person and for all people hurt in one crash.
What damages does uninsured motorist coverage pay for?
UM covers the same kinds of losses you could claim against the other driver. The Texas Department of Insurance lists car repairs, a rental car, medical bills for you and your passengers, pain and suffering, and diminished value. In practice, an injury claim usually adds up:
- medical bills already paid or owed, and care you will need;
- income you lost while you could not work;
- pain, emotional distress and limits on daily life.
Property damage runs on its own rules. In California, UM property damage is capped at $3,500 and pays only when the uninsured driver is identified. Washington allows a phantom vehicle claim, but the crash must be reported to police within 72 hours and the facts must be backed by evidence beyond your own word (Insurance Commissioner).
Is the other driver’s insurance payment subtracted?
When the other driver had some insurance, your claim is an underinsured motorist (UIM) claim, and each state treats the earlier payment differently.
- Texas: UIM pays what you are legally entitled to recover, not more than your limit, and reduced by the amount recovered or recoverable from the other driver’s insurer (section 1952.106).
- California: section 11580.2 requires UIM for motorists whose liability insurance is less than your limits, and the Court of Appeal referred to its “maximum liability” provision in Glassman v. Safeco (2023). Your policy states how the credit is applied.
- Washington: a vehicle is underinsured when all liability insurance on it is less than your damages. The Court of Appeals in Hedges (2015) described UIM as a second layer of coverage that floats on top of recovery from other sources.
Can I stack more than one uninsured motorist policy?
Usually not beyond what the law allows. Texas requires the policy to say that the total limit for one injured person in one crash cannot exceed the stated limit, regardless of the number of policies, vehicles or claims (section 1952.104). Washington lets a policy say the same, and lets it cap all similar coverage at the highest single limit available to you (RCW 48.22.030). We found no California statute text on stacking that we could confirm, so read your policy’s “limit of liability” clause.
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Who decides the amount if my insurer and I disagree?
- California: disputes over fault and the amount of damages generally go to arbitration under section 11580.2(f), as the Court of Appeal explained in Glassman. The arbitrator decides whether you are entitled to recover and how much.
- Texas: the Supreme Court of Texas held in Allstate v. Irwin (2021) that the insurer has no contractual duty to pay UIM benefits until liability and damages are established, and that you may sue your insurer under the Declaratory Judgments Act to establish them.
- Washington: the statute does not mention arbitration, so check your policy. If your insurer unreasonably denies payment, RCW 48.30.015 lets a court award actual damages, attorney’s fees and, in some cases, up to three times the damages.
A worked example
Example only. These numbers are invented to show the math. Your policy wording, the facts and the state’s law decide the real result.
| Step | Amount |
|---|---|
| Value of the injury claim | $60,000 |
| Paid by the at-fault driver’s insurer (its limit) | $30,000 |
| Your UIM limit | $100,000 |
| Left to claim from your UIM coverage | $30,000 |
If the driver had no insurance at all and your UM limit were $30,000, the most UM would pay is $30,000, even though the claim is worth more.
What to do now
- Find your declarations page and write down your UM, UIM, PIP and medical payments limits.
- Ask the other driver’s insurer, in writing, for its policy limits.
- Report the crash to police promptly. In Washington, a phantom vehicle claim needs a report within 72 hours.
- Keep every bill, pay stub and record that shows what the injury cost you.
- Do not sign a release with the other driver’s insurer before asking your own insurer how it affects your UIM claim.
- Track your insurer’s deadlines, which generally are: 40 days after proof of claim to accept or deny in California (10 CCR 2695.7), 15 business days after it has your documents in Texas (chapter 542) and 30 days after notice to accept, deny or explain the delay in Washington (WAC 284-30-380).
- Mark your deadline to sue the at-fault driver: generally two years in Texas (section 16.003) and three years in Washington (RCW 4.16.080).
Get help valuing your UM claim
If your insurer’s offer does not match your bills and your recovery, call Beverly Law at (310) 552-6959 for a review of your policy and injuries. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. You owe no fees or costs unless we win.
Common questions
Is there an average uninsured motorist settlement?
Not one that predicts yours. Each claim has its own policy limit and its own injuries.
Does UM pay for pain and suffering?
It can. TDI lists pain and suffering among the losses UM/UIM pays in Texas, and in all three states UM pays the damages you are legally entitled to recover from the at-fault driver.
Does PIP reduce my UM payment?
PIP pays medical bills and lost income quickly, regardless of fault. Washington insurers must offer at least $10,000 in medical benefits (RCW 48.22.095), and Texas policies must include PIP unless it is rejected in writing, though insurers need not provide more than $2,500 per person (section 1952.153). How PIP is credited against UM depends on your policy, so ask your insurer for the clause in writing.
Can I get more than my policy limit?
The coverage itself stops at the limit. Texas and Washington law can add interest, penalties or attorney’s fees when an insurer breaks claim rules, and you may still pursue the at-fault driver personally.
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Related pages
Car Accident Settlements · Car accident settlements · Is uninsured motorist coverage required in California · Is uninsured motorist coverage required in Texas · Car accident settlement calculator · Law Blog
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Sources
- Revised Code of Washington 48.22.030
- Revised Code of Washington 48.22.085
- Revised Code of Washington 48.22.095
- Revised Code of Washington 46.29.090
- Revised Code of Washington 4.16.080
- Revised Code of Washington 48.30.015
- Washington Administrative Code 284-30-370
- Washington Administrative Code 284-30-380
- Washington Court of Appeals, Hedges v. American Family Insurance, No. 72832-6-I (2015, unpublished)
- Washington Office of the Insurance Commissioner: hit by an uninsured or underinsured driver
- Washington Office of the Insurance Commissioner: personal injury protection
- Washington Office of the Insurance Commissioner: mandatory auto insurance law
- California Department of Insurance: automobile insurance (text version)
- California Court of Appeal, Glassman v. Safeco Insurance Company of America, No. H049825 (2023)
- Santa Barbara Superior Court, tentative ruling in Miguel v. Mid Century Insurance Company, No. 24CV07199 (2025)
- California Code of Regulations, title 10, section 2695.7
- California DMV: auto insurance requirements
- Texas Insurance Code chapter 1952
- Texas Insurance Code chapter 542
- Texas Transportation Code chapter 601
- Texas Civil Practice and Remedies Code section 16.003
- Supreme Court of Texas, Allstate Insurance Co. v. Irwin, No. 19-0885 (2021)
- Texas Department of Insurance: what is uninsured motorist coverage, and do I really need it?
Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.