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When the other driver’s limits are too low
Many drivers carry only the minimum. For California policies issued or renewed on or after January 1, 2025, the minimum is $30,000 for injury or death of one person and $60,000 for two or more people (Vehicle Code 16056). Under current law these rise to $50,000 and $100,000 for policies issued or renewed on or after January 1, 2035. A hospital stay or surgery can pass those numbers fast.
When the at-fault driver’s coverage runs out, the rest of your losses do not disappear. You can pursue the driver personally, but collecting from a person is often hard. That is where your own policy may come in. Read surgery after a car accident for how larger medical costs affect a claim and its value.
How a UIM claim works in California
The details of UIM coverage depend on your policy, and the rules that decide how much you receive can be technical. As a practical matter, insurers usually expect you to resolve the claim against the at-fault driver’s policy first and to tell your own insurer before you settle. Ask a lawyer before you sign any release with the other driver’s insurer, because it can affect your UIM rights.
In California, disputes over fault or the amount on uninsured motorist claims go to arbitration before a single neutral arbitrator (Insurance Code 11580.2). The two-year rule for uninsured motorist claims, which requires suing, settling or starting arbitration by certified mail, is in Insurance Code 11580.2(i). Whether and how those steps apply to your UIM claim depends on the policy and the facts; a lawyer can check.
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Washington’s UIM rules
Washington addresses this directly. Washington auto liability policies must include underinsured motorist coverage in the same amount as the policy’s liability coverage, and it also protects against uninsured drivers, hit-and-run drivers and phantom vehicles (RCW 48.22.030). The named insured or spouse can reject it, or choose lower limits, only in writing. Ask to see any written rejection before assuming you have none.
Washington’s minimum liability limits are $25,000 per person and $50,000 per accident for injury (RCW 46.29.090), so underinsured claims come up often there. Washington insurers must also offer PIP, which pays medical expenses and some lost income regardless of fault unless rejected in writing (RCW 48.22.085). Our Washington truck accident lawyer page covers more of the Washington rules.
Rideshare and work vehicles
If you were hurt as a passenger in an Uber or Lyft, the rideshare company must provide uninsured and underinsured motorist coverage for passengers. Since January 1, 2026, that California coverage is $60,000 per person and $300,000 per incident, down from $1 million (Public Utilities Code 5433). See Uber passenger injured: who pays for how the layers fit together.
If the at-fault driver was working, the employer is generally liable for crashes within the scope of employment, and its commercial policy may be much larger (CACI 3700). Before treating a case as underinsured, a lawyer should look for every policy that might apply, including your own, a household member’s and any employer’s. Missing a policy can leave money on the table.
What to do now
Get your medical care and keep every bill and record. Find your declarations page and look for uninsured/underinsured motorist limits. Write down the other driver’s insurer, policy number and claim number. Tell your own insurer about the crash and that you may make an underinsured claim. Keep receipts and records of missed work.
Do not accept the other driver’s policy limits or sign a release before you talk to a lawyer. Deadline: an injury lawsuit in California generally must be filed within two years (Code of Civil Procedure 335.1), and in Washington generally within three years (RCW 4.16.080). Call Beverly Law at (310) 552-6959 or use the form on this page.
- Get medical care and follow up if symptoms change.
- Take photos of the vehicles, the scene and your injuries.
- Write down witness names and phone numbers.
- Keep every claim number and adjuster name in one place.
- Do not sign a release or give a recorded statement before talking to a lawyer.
- Save receipts for medical care, medicine, rides and car rentals.
Common questions
How do I know if I have underinsured motorist coverage?
Look at your declarations page, the summary page of your auto policy. It may say uninsured/underinsured motorist with a limit per person and per accident. If you cannot find it, ask your agent in writing. A lawyer can review the policy and any waiver you may have signed.
Can I make a UIM claim if the other driver offered their full limits?
Often that is when a UIM claim begins. Before accepting, tell your own insurer about the offer and talk to a lawyer, because signing the wrong release or settling without notice can create problems with your own policy. If the offer seems low for other reasons, see how to respond to a lowball offer.
Is UIM the same as uninsured motorist coverage?
They are related. Uninsured coverage applies when the at-fault driver has no insurance, and underinsured coverage applies when they have some but not enough. On many policies both appear together. For the no-insurance situation, see hit by an uninsured driver.
Will my insurer fight my UIM claim?
It may. On a UIM claim, your own insurer pays from its own money, so it may question your injuries or treatment much as the other driver’s insurer would. Treat its adjuster carefully, keep records organized and get advice before giving a recorded statement.
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If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Car accident not my fault: what to do · Car accident not my fault: do I call my insurance? · Do I pay my deductible if the accident wasn’t my fault? · Will my insurance rates go up if I wasn’t at fault? · What to do after a car accident in California · All car and truck accident questions
Sources
- Cal. Veh. Code § 16056(a)(2), (d) (as amended by SB 1107, Stats. 2022, ch. 719); Cal. Ins. Code § 11580.1(b)(1)
- Cal. Ins. Code § 11580.2(a)(1)-(3), (b)(1)-(2), (f)
- Cal. Ins. Code § 11580.2(i)(1)(A)-(C), (b)(1)-(2)
- RCW 48.22.030(1)-(4), (8)
- RCW 46.29.090(1); RCW 46.30.020(1)(a)
- RCW 48.22.085(1)-(2), 48.22.095(1)
- Cal. Pub. Util. Code § 5433(b)(1)-(2), (c)(1)-(2) (as amended by SB 371, Stats. 2025, ch. 314)
- CACI Nos. 3700, 3701, 3720; Cal. Civ. Code § 2338
- Cal. Code Civ. Proc. § 335.1
- RCW 4.16.080(2)
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.