Tustin Uninsured Motorist Lawyer

How Uninsured and Underinsured Motorist Coverage Works

California Insurance Code section 11580.2 requires auto insurers to offer uninsured motorist (UM) coverage, and you have it unless you rejected it in writing.

• Uninsured motorist (UM) coverage pays for your injuries when the at-fault driver had no liability insurance, their insurer denied coverage, or the driver can't be identified, as in many hit-and-runs.
• Underinsured motorist (UIM) coverage applies when the at-fault driver had insurance, but less than your own UIM limit and not enough for your injuries. Generally you first need to collect the at-fault driver's full policy limit, and your UIM payment is reduced by what that policy paid.

The coverage usually protects you and family members in your household not just in your own car, but also as a passenger in someone else's car, and often when you're walking or riding a bike. I explain more in important information about your insurance coverage and the myth of "full coverage" car insurance.

Hit-and-Run Accidents

If the driver who hit you drove off and can't be found, your UM coverage can treat them as uninsured, but California law sets strict conditions:

• the other car must have made physical contact with you or the vehicle you were in
• the crash must be reported to the police within 24 hours
• you must give your insurer a sworn statement within 30 days setting out the facts of the claim

Missing one of these can cost you the claim, so it's worth getting help early. See also DUI and hit-and-run laws.

Deadlines and Arbitration

UM and UIM claims have their own deadline. Within two years of the accident, you must do one of the following: file a lawsuit against the uninsured driver, reach an agreement with your insurer on the amount, or formally demand arbitration by certified mail. If you and your insurer can't agree, the claim is decided by a neutral arbitrator rather than a jury. Arbitration is a hearing with evidence, witnesses and medical testimony, and it should be prepared like a trial.

How I Handle Uninsured Motorist Claims

I gather the same evidence I would against any driver: police reports, witness statements, video, medical records and, where needed, accident reconstruction. I also look for every other source of coverage, such as a rideshare policy, an employer's policy or a second household policy. And because your insurer owes you a duty of good faith, I watch closely how the claim is handled. Over my career, I've recovered over $20 million for my clients in total.

If you were hurt in a crash, my pages on car accidents and Uber and Lyft accidents cover the rest of the claim.

How Fees Work: No Recovery, No Fee Guarantee

I handle uninsured and underinsured motorist claims on a contingency fee. You pay nothing upfront, I advance the costs, and they're repaid from your recovery. If there's no recovery, you owe no fee.

Uninsured Motorist FAQs

Will my rates go up if I make an uninsured motorist claim?

California law generally doesn't allow an insurer to raise your rates for an accident you didn't cause. I explain more in how much car insurance goes up after an accident.

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

Within two years of the accident you must sue the uninsured driver, settle with your insurer, or formally demand arbitration by certified mail. For a hit-and-run, the police report is due within 24 hours and a sworn statement to your insurer within 30 days.

Does uninsured motorist coverage cover a hit-and-run?

Yes, if the other vehicle made physical contact with you or your vehicle, the crash was reported to the police within 24 hours, and you gave your insurer a sworn statement within 30 days.

How does underinsured motorist coverage work?

Once the at-fault driver's insurer pays its full limit, your UIM coverage can pay the rest of your damages, up to your UIM limit minus what the other driver's policy paid.

Am I covered if I was hit as a pedestrian or on a bicycle?

Often, yes. UM coverage usually protects you and relatives in your household when you're walking, cycling or riding in another person's car.

Talk to a Tustin Uninsured Motorist Lawyer

If the driver who hit you had no insurance or not enough, call me at (714) 461-6003 or request a free consultation. Bring your policy's declarations page if you have it, and I'll explain what coverage you have and how to protect your claim. You can also read more about my background or see the other types of injury cases I handle.