How uninsured and underinsured motorist coverage works
Uninsured motorist (UM) coverage pays your injury damages when the at-fault driver has no insurance, cannot be identified, or fled the scene. Underinsured motorist (UIM) coverage pays when the at-fault driver’s policy is too small for your injuries. California Insurance Code section 11580.2 requires every auto insurer to offer this coverage, and most San Dimas drivers have it, often without realizing what it can do. With roughly one in six California drivers uninsured and the state minimum liability limit only $30,000 per person, UM and UIM coverage is where many of our largest recoveries come from.
The catch is that the claim is against your own insurance company, and your insurer’s interests are now opposite yours. A San Dimas UM/UIM lawyer handles that relationship so your rates and your recovery are protected.
Uninsured motorist claims, including hit-and-run
A UM claim requires that the at-fault driver be uninsured or unidentified. For a hit-and-run, California requires physical contact with the other vehicle, a police report within 24 hours, and notice to your insurer within 30 days. Miss those and the claim can be denied, which is why we ask about hit-and-run facts on the first call. The coverage typically extends to you as a pedestrian or cyclist, and to household relatives.
Underinsured motorist claims and the offset
A UIM claim pays the difference between your UIM limit and what the at-fault driver’s insurer paid. If you carry $100,000 in UIM coverage and the other driver’s insurer pays its $30,000 limit, your UIM claim can recover up to $70,000 more. Two rules matter. First, the at-fault driver’s limits must be exhausted before UIM is triggered. Second, under section 11580.2(p)(3), you generally need your own insurer’s written consent before settling with the at-fault driver, or you can forfeit the UIM claim entirely. We handle that consent and the sequencing so nothing is lost.
Arbitration, not a lawsuit
UM and UIM disputes over fault or the value of the claim are resolved by arbitration under the policy rather than by a jury trial. The two-year deadline in section 11580.2(i) is satisfied by a formal written demand for arbitration, and we serve one early to protect the claim while the medical picture develops. Your insurer owes you a duty of good faith in handling the claim, and when it delays or lowballs, the Fair Claims Settlement Practices Regulations apply with full force.
Your UM/UIM claim includes the same damages as any injury claim: medical care, past and future, lost income, and pain and suffering, up to your policy limits.
In our practice, the most common way a San Dimas driver loses a UIM claim is by accepting the at-fault driver’s policy limit check before anyone told their own insurer. That release, signed without the insurer’s consent, can wipe out the underinsured coverage they paid for. Before you cash any check from the other driver’s insurer, ask us whether your own policy needs to sign off first.
UM and UIM claims in San Dimas
Hit-and-run crashes are common on the 210 and 10 and on Arrow Highway and Foothill Boulevard, and uninsured drivers are common everywhere in Los Angeles County. We report hit-and-runs to the Sheriff’s San Dimas Station or CHP Baldwin Park within the 24-hour window, put your insurer on notice within 30 days, and pull nearby camera footage to try to identify the driver. Arbitrations are typically held in the San Gabriel Valley or downtown Los Angeles.
What to do after a crash with an uninsured or hit-and-run driver
- Call 911 and get a report, within 24 hours for a hit-and-run.
- Photograph the other car, its plate if visible, the scene, and your injuries.
- Get medical care the same day.
- Notify your own insurer that a UM or UIM claim may be made, within 30 days for a hit-and-run. Do not give a recorded statement without counsel.
- Do not accept any check from the at-fault driver’s insurer until we confirm the consent-to-settle rule is satisfied.
- Call Morales Law Firm for a free consultation.
Our guide on the first settlement offer explains why signing early can cost you the rest of your coverage.
Frequently asked questions
Will my rates go up if I make a UM or UIM claim?
California law prohibits insurers from raising your rates for an accident you did not cause, and a UM/UIM claim for a crash caused by another driver is exactly that. Your insurer may act adversarial during the claim, but it cannot penalize you for making it.
How do I know if I have UM/UIM coverage?
Look at the declarations page of your auto policy for ‘uninsured motorist’ or ‘UM/UIM’ with limits such as 30/60 or 100/300. Insurers must offer it and can only omit it if you signed a waiver. We can review your policy for free.
What if the driver fled and I never got the plate?
You can still make a UM claim if there was physical contact between the vehicles, you reported the crash to police within 24 hours, and you notified your insurer within 30 days. We also try to identify the driver through cameras and witnesses.
Can I settle with the other driver and still make a UIM claim?
Yes, but only with your insurer’s written consent before you sign the release. Settling without consent can forfeit the UIM claim. We obtain the consent and sequence the settlements correctly.
Does UM/UIM cover me as a pedestrian or in someone else’s car?
Generally yes. UM/UIM coverage follows the insured person, not just the car, and typically covers household relatives. We confirm the policy language in each case.
How long do I have to make a UM/UIM claim?
Two years from the crash, satisfied by filing suit against the at-fault driver or serving a formal arbitration demand on your insurer under Insurance Code section 11580.2(i). Hit-and-run claims have the 24-hour and 30-day notice requirements as well.
