Is Uninsured Motorist Coverage Required in California?

California does not force you to buy uninsured motorist coverage, but every insurer must offer it with your liability policy, and you can only turn it down by signing a written waiver. If you have it and an uninsured driver hurts you, the claim must generally be sued, settled or sent to arbitration within two years of the crash (Insurance Code 11580.2).

Do I need uninsured motorist coverage in California?

The coverage California requires you to carry is liability insurance, which pays other people when you cause a crash. The DMV lists the minimums as $30,000 for injury or death to one person, $60,000 for more than one person and $15,000 for property damage.

Uninsured motorist coverage (UM) works the other way around. It protects you and the people in your car when the driver who hits you has no insurance or not enough. The California Department of Insurance states that UM must be offered when you buy liability coverage and that you must sign a declination waiver if you decline it.

The law leaves the choice to you, and the signed waiver is the proof of what you chose. After a crash, the first job is to find out which way you went.

How do I know if I waived uninsured motorist coverage?

Look at the declarations page of your auto policy, the summary sheet that lists each coverage and its limits. UM bodily injury and UM property damage usually appear as separate lines. If they are missing, ask the insurer in writing for a copy of the signed waiver.

California regulations require an insurer to disclose to its own policyholder all benefits, coverage and time limits that may apply to a claim (10 CCR 2695.4). You are allowed to ask for these details in writing, and you should keep the answer.

What does UM and UIM coverage pay for in California?

The Department of Insurance breaks the coverage into parts in its auto insurance guide:

• UM bodily injury pays for injuries to you and any person in your car. The guide says its limits are the same as your liability limits.
• UM property damage pays for damage to your car caused by an at-fault uninsured driver, with a limit of $3,500, and only when that driver is identified.
• Underinsured motorist coverage (UIM) applies when the other driver has some insurance, but less than the limits on your own policy.
• Medical payments coverage is separate. It pays medical costs for you and your passengers regardless of fault, with a minimum limit of $1,000 per person.

The Court of Appeal summarized the underinsured rule in Glassman v. Safeco (2023): section 11580.2 requires policies to provide underinsured coverage for motorists whose liability insurance is less than the limits on the injured driver’s plan, and UIM is offered with limits equal to your UM limits. Example only: if your UM limit is $100,000 and the at-fault driver carries the $30,000 minimum, your UIM may come into play. Your policy wording decides the exact amount.

How do I make an uninsured motorist claim in California?

A UM claim is filed with your own insurance company, so the usual claim handling rules apply to it. Under California’s fair claims regulations, the insurer must acknowledge your claim, give you the forms you need and begin investigating within 15 calendar days (10 CCR 2695.5). It then generally has 40 days after receiving proof of claim to accept or deny it, and a denial must be in writing with the reasons (10 CCR 2695.7). Once it accepts, payment is generally due within 30 days.

If you and the insurer disagree about who was at fault or how much your injuries are worth, the dispute generally goes to arbitration instead of a jury trial. Section 11580.2(f) says that, if you and the insurer cannot agree, arbitration decides two issues: whether you are legally entitled to recover damages from the uninsured driver, and how much.

What is the deadline for an uninsured motorist claim in California?

A UM claim has its own clock. As quoted by the Santa Barbara Superior Court, section 11580.2(i) requires one of three things within two years from the date of the accident:

1. a lawsuit for bodily injury filed against the uninsured motorist;
2. an agreement with your insurer on the amount owed; or
3. a written demand for arbitration sent to your insurer by certified mail, return receipt requested.

Only one of the three is needed. In UM matters where you do not have a lawyer, the regulations also require the insurer to warn you of any time limit it may rely on at least 30 days before it runs out (10 CCR 2695.7). The general deadline to sue for a personal injury is also two years (California Courts), but do not count on the warning letter to protect you.

What happens if I drive without insurance in California?

The Department of Insurance warns that driving uninsured can bring a fine, a suspended license and an impounded vehicle. According to the DMV handbook, a driver in a collision without proper insurance can lose the driving privilege for up to four years, regardless of fault.

There is a second cost. Under Proposition 213, an uninsured driver generally cannot sue the at-fault driver for noneconomic losses such as pain, though economic losses stay recoverable, as the Legislative Analyst explained. Drivers on a tight budget can check the state’s low cost auto insurance program.

What to do now

1. Find your declarations page and confirm whether you have UM, UIM and medical payments coverage, and their limits.
2. Report the crash to your own insurer promptly and ask, in writing, for every benefit and time limit that applies.
3. If anyone was hurt or damage passed $1,000, file the SR 1 report with the DMV within 10 days.
4. Get the other driver’s name, plate and insurance information.
5. Keep every medical bill and record. Your UM claim is proven the same way as a claim against the other driver.
6. Mark two years from the crash on your calendar and act on the UM claim well before then.
7. If the insurer delays or denies without a clear reason, you can file a complaint with the Department of Insurance.

Talk to us about your uninsured motorist claim

If the driver who hit you had no insurance or too little, call Beverly Law at (310) 552-6959 and we will review your policy with you. 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

Related pages

Car Accident Settlements · Car accident settlements · How much can I get from an uninsured motorist claim · California car accident settlement: what to expect · What to do after a car accident that was not your fault · Law Blog

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.