Hit by a Driver With No Insurance? We Can Review Your Options.

Uninsured Motorist Car Accident Claim California

An uninsured motorist car accident claim California residents make is usually filed under their own auto policy. If a driver with no insurance hit you, your uninsured motorist (UM) coverage may help pay part of your losses. How much it helps depends on your policy wording.

Uninsured motorist claims carry a deadline that is easy to miss. Under California Insurance Code § 11580.2(i), within two years of the accident the insured must do one of the following: file a lawsuit against the uninsured motorist, reach an agreement with the insurer on the amount due, or formally begin arbitration (Code Civ. Proc. § 335.1). Filing a personal injury lawsuit is not the only way to preserve the claim. Otherwise, the claim may be lost. It is general information, not advice about your specific crash.

What Uninsured Motorist Coverage Is and Who It Protects

Your auto policy may include uninsured motorist bodily injury coverage. This coverage applies when the at-fault driver has no liability insurance. You make the claim with your own insurer, not the other driver’s company.

Coverage usually reaches:

• The policyholder
• Listed family members, as the policy defines them
• Some passengers in your car, depending on the wording

Start by checking your declarations page. It lists your coverage types and limits. If you don’t see uninsured motorist coverage, ask your insurer what your policy includes.

Uninsured vs. Underinsured: What Changes for Your Claim

An uninsured driver has no liability policy. An underinsured driver has a policy, but its limits are too low to cover your losses. Each situation uses a different part of your coverage.

Don’t assume either coverage applies. Definitions and limits differ between insurers, so read your own policy wording.

Your Own Policy: Bodily Injury, Property Damage, and Collision

Your policy may include three separate coverages that respond to a crash with an uninsured driver. Each one pays for different losses.

• UM bodily injury: Helps with injuries to covered people, up to your limits. Policies differ on which damages they pay.
• Uninsured motorist property damage (UMPD): May cover damage to your vehicle when the at-fault driver is uninsured. It usually comes after any deductible.
• Collision: A separate option that may pay for vehicle repairs after a crash. It usually has a deductible.

Which coverage fits depends on your policy and your losses. Your insurer’s claim handling is not legal advice, so ask questions before you agree to anything.

Proof and Evidence That Usually Matters

Clear records make every part of a UM claim easier to support. Gather them early, while details are fresh.

• The police report number, plus the officer’s name and agency
• Photos of the scene, both vehicles, and your injuries
• Names and phone numbers of any witnesses
• Medical records and bills for every visit
• Repair estimates, receipts, and proof of lost income

If the other driver left the scene, California law sets specific conditions for uninsured motorist bodily injury coverage (Insurance Code § 11580.2). These include physical contact with the vehicle, a police report within 24 hours, and a sworn statement filed with your insurer within 30 days. Don’t assume one type of evidence will settle the claim. Keep copies of every document you send and receive.

Uninsured Motorist Car Accident Claim California: How the Process Works

Most UM claims follow a few steps. Timing depends on your insurer, your injuries, and whether you and the insurer disagree.

1. Report the crash. Call the police and get the report number.
2. Notify your insurer. Tell your own insurer you are pursuing UM benefits. Put it in writing if you can. Stick to facts, not guesses about fault or value.
3. Document your losses. Keep treatment records, time off work, and out-of-pocket costs.
4. Submit your demand. Send your documents and request payment under your UM coverage.
5. Resolve any dispute. If you disagree on value, your policy may require arbitration. A lawsuit may also follow.

Each step builds on the last. Missing records or late notice can slow the process, so act early.

Deadlines and What to Do in the First Days After a Crash

Deadlines for filing injury lawsuits can be strict. California generally gives two years to file a personal injury lawsuit (Code Civ. Proc. § 335.1), so contacting a lawyer early is important. Your policy’s notice rules can be separate and shorter, so check them now.

If a public entity was involved, the time limits can be much shorter. That includes a city, county, state agency, or public transit operator. Claims involving public entities can follow separate procedures, so timing matters. Ask a lawyer right away about any written-claim requirement.

Medical care comes first. See a doctor promptly, follow your treatment plan, and keep records of every visit. Don’t sign releases or settlement papers until you have reviewed them. Keep your damaged property until the insurer has inspected it.

What Affects the Value of an Uninsured Motorist Car Accident Claim California

No one can predict a dollar amount from a web page. Each claim turns on its own facts. The main factors usually include:

• Medical treatment and expected recovery
• Documented lost income
• Your policy limits
• How serious and lasting the injuries are
• The quality of your proof

Some rules change what you can recover. Under Civil Code § 3333.4, an owner of an uninsured vehicle involved in the crash generally cannot recover non-economic losses such as pain and suffering. The same section bars non-economic losses for a driver who is later convicted of driving under the influence (DUI) in connection with the accident. The bar also reaches claims under your own uninsured motorist coverage. Under § 3333.4(b), an insurer is not liable under a liability or uninsured motorist policy to pay non-economic losses to a person barred under subdivision (a). A narrow exception in § 3333.4(c) covers an uninsured owner who was injured by a driver convicted of DUI in connection with the accident.

Why Colvin Accident Lawyers and Common Questions

Donald Norman Colvin is the California-licensed attorney at Colvin Accident Lawyers in Bakersfield. The practice handles car, truck, motorcycle, bicycle, pedestrian, bus, dog bite, premises liability, catastrophic injury, and wrongful death matters.

Our team includes support staff who help with records, scheduling, and communication. We explain each step in plain language so you know what comes next.

The first consultation is free, confidential, and without obligation to continue. People in Kern County, Fresno, Visalia, Lancaster, Palmdale, Delano, and Tehachapi can reach the office by phone or online.

Do I need a lawyer for an uninsured motorist claim?

Some people handle a simple UM claim with their insurer. A lawyer can review the policy, the deadlines, and the proof. The right choice depends on your injuries and your policy wording.

Does California require uninsured motorist coverage?

Check your declarations page to see whether UM coverage is on your policy. Ask your insurer to explain any coverage you don’t understand.

Can I sue an uninsured driver in California?

A lawsuit against the at-fault driver is separate from a claim under your own policy.

What if the driver fled the scene?

Report the crash to police right away and check your policy’s proof rules. The outcome depends on your policy wording and the evidence you have.

Will a UM claim raise my premiums?

Your insurer decides how a claim affects your rates. Ask your insurer directly before you file.

If an uninsured driver hit you or someone in your family, you may be weighing your own policy right now. You don’t have to sort it out alone. Contact Colvin Accident Lawyers for a free first consultation.

Donald Norman Colvin, Colvin Accident Lawyers, Bakersfield, California — responsible for this site.