Uninsured Motorist Claims: Getting Help When the Other Driver Has No Insurance
Being hit by an uninsured or underinsured driver is frustrating—you did nothing wrong, yet the at-fault driver can't pay. Raffi Naljian helps clients understand and maximize their uninsured motorist (UM) and underinsured motorist (UIM) coverage. These claims are against your own insurance company, which can create unique challenges. This guide explains how UM/UIM claims work and when you might need legal assistance.
Hit by an uninsured driver?
Raffi Naljian
Lead Personal Injury Attorney
With 15+ years of experience, Raffi Naljian has recovered millions for accident victims across California. Known for aggressive negotiation and compassionate client care.
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UM/UIM claims involve negotiating with your own insurance company, which may be more adversarial than you expect. Raffi Naljian handles these claims throughout California and understands the tactics insurers use to minimize payouts on their own policies. When looking for an uninsured motorist lawyer, find someone experienced with these specific coverage disputes. Also searched as: Rafi Nanaljian, Raffi Nalian, Rafi Naljian.
What to Do Next
- 1Confirm the other driver has no insurance or insufficient coverage
- 2Review your own auto policy for UM/UIM coverage limits
- 3Notify your insurance company of the claim
- 4Do not give recorded statements without understanding your rights
- 5Document all injuries and treatment
- 6Consider consulting an attorney before negotiating
📋Evidence Checklist
- Your auto insurance policy declarations page
- Police report confirming other driver was uninsured/underinsured
- Evidence of the other driver's policy limits (if underinsured)
- All medical records and bills
- Proof of lost wages
- Documentation of all damages
- Photos from the accident scene
Your own insurer giving you trouble?
Common Mistakes to Avoid
- Not knowing you have UM/UIM coverage
- Assuming your own insurance will treat you fairly
- Accepting quick, lowball offers
- Not understanding the difference between UM and UIM claims
- Missing arbitration deadlines in your policy
- Settling the third-party claim without preserving UIM rights
How the Process Typically Works
Coverage Verification
Confirm UM/UIM coverage and limits
Claim Filing
Notify your insurer of the UM/UIM claim
Investigation
Your insurer investigates the claim
Demand & Negotiation
Present your claim to your own insurer
Arbitration/Litigation
If needed, proceed to binding arbitration or court
Damages You May Be Able to Recover
- •Medical expenses up to your policy limits
- •Lost wages
- •Pain and suffering
- •Future medical care
- •Other compensatory damages covered by your policy
Frequently Asked Questions
What's the difference between UM and UIM coverage?
UM (uninsured motorist) covers you when the at-fault driver has no insurance. UIM (underinsured motorist) covers the gap when their insurance isn't enough to cover your damages.
Why would I need a lawyer against my own insurance?
Your insurer has financial incentives to pay less. UM/UIM claims often involve disputes over injury severity and value. Having an advocate can help level the playing field.
Does filing a UM claim raise my rates?
California law prohibits insurers from raising rates solely because you filed a UM claim for an accident that wasn't your fault. However, check your specific policy terms.
What if I don't have UM/UIM coverage?
Your options are more limited. You could pursue the at-fault driver personally, but collecting from an uninsured individual is often difficult. This is why UM/UIM coverage is so important.
Can I stack UM/UIM coverage from multiple vehicles?
California generally allows stacking of UM/UIM coverage if you have multiple vehicles on your policy, potentially increasing available coverage. Review your policy or ask your attorney.
Is there a deadline for UM/UIM claims?
Yes. Your policy likely has specific deadlines for notice and arbitration demands. California's statute of limitations also applies. Review your policy carefully or consult an attorney.
You pay for UM/UIM coverage. Make sure you get what you're owed.
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Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed as formal legal advice nor the formation of a lawyer/client relationship. Prior results do not guarantee a similar outcome. No attorney-client relationship is formed by viewing this website or submitting a contact form. Results vary based on the specific facts and circumstances of each case.