General information, not legal advice. This guide explains California law in general terms. It isn't advice about your situation, and laws and deadlines can change. Check the official sources linked on this page.
Uninsured and underinsured motorist coverage for injuries in California
If the driver who hurt you had no insurance, not enough insurance, or drove off, your own policy's uninsured/underinsured motorist (UM/UIM) coverage may pay for your injuries. California's rules are in Insurance Code §11580.2, and several deadlines can catch people off guard.
Short answer: UM/UIM covers bodily injury you're legally entitled to recover from an uninsured, underinsured or unidentified driver. In a hit-and-run there must be physical contact, a police report within 24 hours, and a sworn statement to your insurer within 30 days. Don't settle with the other driver without your insurer's written consent. Within 2 years, sue the other driver, reach an agreement, or demand arbitration by certified mail.
Do you have it?
Under §11580.2(a), every California auto bodily injury liability policy must include uninsured motorist coverage. The only exception is if the named insured signed a written agreement to delete it or to buy lower limits. Insurers must offer UM limits equal to your bodily injury liability limits, but don't have to go above $30,000 per person and $60,000 per accident (§11580.2(m)). Underinsured motorist coverage is part of the same coverage (§11580.2(n), (p)(7)).
Check your declarations page for "uninsured motorist" or "UM/UIM" and the limits.
Who counts as "uninsured"
The statute's definition in §11580.2(b) includes a vehicle:
- with no bodily injury liability insurance or bond at the time of the crash
- whose insurer denies coverage, or admits it only conditionally
- whose owner or driver is unknown (hit-and-run), if the conditions below are met
- whose insurer can't pay because it's insolvent
- that was underinsured (see below)
It does not include a vehicle owned by the United States, Canada, a state, or a political subdivision or agency of one. So a crash with a government vehicle isn't a UM claim; see the government claims guide. It also excludes a vehicle owned or operated by the named insured or anyone in the same household.
Hit-and-run: three conditions
For an unknown driver, §11580.2(b)(1)–(2) requires:
- Physical contact between the hit-and-run vehicle and you or the vehicle you were in.
- A report within 24 hours, by you or someone on your behalf, to the city police where the crash happened. If it happened in an unincorporated area, report it to the county sheriff or the local CHP office.
- A sworn statement to your insurer within 30 days, saying you have a claim against someone whose identity can't be found, with the supporting facts.
The 24-hour report is easy to miss. See Do you need a police report?
Underinsured drivers
Under §11580.2(p), a vehicle is underinsured if it had insurance, but with limits below your uninsured motorist limits. The coverage:
- applies only after the bodily injury limits of all the insured vehicles that caused the injury have been paid out by judgment or settlement, with proof sent to your insurer (p)(3)
- pays at most your UIM limit minus what you received from the people legally liable (p)(4)
For example, say your UM/UIM limit is $100,000 and the at-fault driver's insurer pays its $30,000 limit. Your UIM coverage can pay up to the remaining $70,000, if your damages are that high.
Don't settle without written consent
Section 11580.2(c)(3) says the coverage doesn't apply if you settle with, or take to judgment, anyone who may be liable without your insurer's written consent. Before you accept the other driver's policy limits, ask your own insurer for written consent.
What UM/UIM doesn't cover, and what reduces it
- Your property damage isn't covered by this coverage (c)(1).
- No stacking: limits from two or more vehicles or policies can't be added together (q).
- MedPay offset: the policy may reduce UM damages by amounts paid under your auto medical payments coverage (e). See the MedPay guide.
- Workers' compensation offset: a UM payment may be reduced by workers' comp benefits paid or payable (h)(1).
How disagreements are decided
If you and your insurer don't agree on whether you're entitled to recover, or how much, the policy must provide for arbitration before a single neutral arbitrator (§11580.2(f)). Both sides can use discovery, such as depositions and records requests. The insurer can ask for wage-loss information, medical record releases and a medical exam (o).
The 2-year rule
Under §11580.2(i), you can't recover under the coverage unless, within 2 years of the crash, one of these happens:
- you sue the uninsured driver in court,
- you and your insurer agree on the amount due, or
- you formally demand arbitration by writing to your insurer by certified mail, return receipt requested.
If you have a pending UM claim and no attorney, your insurer must warn you in writing at least 30 days before the deadline. If it doesn't, the time limit is extended until 30 days after the notice is actually given (k). See the statute of limitations guide for the other deadlines.
Common questions
Is uninsured motorist coverage required in California?
Insurers must include it in every auto bodily injury liability policy unless you agree in writing to delete it or lower it (Insurance Code §11580.2(a)). Insurers must offer limits equal to your bodily injury liability limits, but aren't required to offer more than $30,000 per person and $60,000 per accident (§11580.2(m)).
Does uninsured motorist coverage pay for a hit-and-run?
It can, if three conditions in Insurance Code §11580.2(b) are met. There must have been physical contact between the hit-and-run vehicle and you or the car you were in. You or someone for you must report the crash within 24 hours to the city police, or to the sheriff or CHP in unincorporated areas. And you must give your insurer a sworn statement within 30 days.
What is underinsured motorist coverage?
It applies when the at-fault driver had insurance, but with limits lower than your uninsured motorist limits (§11580.2(p)(2)). It kicks in only after the at-fault driver's bodily injury limits have been paid out, and it pays at most your UIM limit minus what you received from those responsible.
What is the deadline for an uninsured motorist claim in California?
Within 2 years of the crash, you must do one of three things. You can sue the uninsured driver, reach an agreement with your insurer on the amount, or formally demand arbitration by writing to your insurer by certified mail, return receipt requested (§11580.2(i)).
Can I settle with the at-fault driver before my UIM claim?
Be careful. Section 11580.2(c)(3) says the coverage doesn't apply if you settle with, or take to judgment, anyone who may be liable without your insurer's written consent. Get written consent from your own insurer before accepting a settlement from the at-fault driver's insurer.
Does uninsured motorist bodily injury coverage pay for my car?
No. Section 11580.2(c)(1) says this coverage doesn't apply to the insured's property damage. Damage to your car is handled under other coverages.
Sources
The sources this guide cites. We check the guide against these sources before publishing and each time we review it.
Published · Last reviewed · How we write and review guides