You did everything right. Someone else ran the red light, hit you, and caused real injuries — and then you find out they have no insurance, or a policy so small it barely covers a fraction of your bills. This is one of the most frustrating situations a California crash victim can face, and it is more common than most people expect. The good news: California law builds in a safety net. If you carry uninsured motorist (UM) and underinsured motorist (UIM) coverage on your own auto policy, you may be able to recover from your own insurer when the at-fault driver can't pay. Hurt Advice is not a law firm and does not provide legal advice — this is general information about California rules, and coverage and deadlines depend on your specific policy and facts, so confirm anything important with a licensed California attorney.
Written by Astghik Sogoyan, Esq.
Legally reviewed by Silva Maranjyan, Esq.
Last reviewed June 12, 2026
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At-fault driver has no insurance or too little? Learn how California UM/UIM coverage works, the claim process, and key deadlines. Hurt Advice is not a law firm and does not provide legal advice. Use this page to organize facts, records, and next questions before deciding whether to request review by an independent participating attorney or law firm.
Uninsured motorist (UM) coverage pays for your injuries when the at-fault driver has no liability insurance, and often when they flee the scene in a hit-and-run.
Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance but their limits are too low to cover your damages.
California insurers must include UM coverage in bodily-injury auto policies unless you rejected it in a signed writing — pull your declarations page to confirm what you actually carry.
UM/UIM claims have their own deadlines under Insurance Code 11580.2 that run separately from the standard personal-injury statute of limitations.
The two-year action requirement is the single most important deadline; missing it can wipe out your claim, so confirm your dates with a licensed attorney.
On a UM/UIM claim your own insurer is effectively on the other side of the valuation, which is why many people choose to have an attorney handle the arbitration.
Step-by-step
These steps are ordered for usefulness: safety and records first, then insurance, medical, and review decisions.
Tell your own insurer about the crash and that you may have a UM/UIM claim. Notice-timing requirements live in your policy, so review those provisions rather than assuming a statutory deadline.
Gather the police report, photos, medical records, lost-wage proof, and any evidence that the other driver was uninsured or underinsured.
For UIM, you generally need to establish that the other driver's liability limits are lower than your UM/UIM limits and have been (or will be) exhausted. Confirm the exact exhaustion rule with an attorney.
Open the claim with your own insurer and cooperate with their investigation. Remember that on a UM/UIM claim, your own insurer is now effectively on the other side of the valuation.
UM/UIM disputes over fault and damages are typically resolved through arbitration rather than a courtroom trial, because the statute and most policies provide for it. Confirm the dispute mechanism in your policy.
Coverage Basics
Uninsured motorist (UM) coverage pays for your injuries when the at-fault driver has no liability insurance, and often when they flee the scene in a hit-and-run. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their limits are too low to cover your damages. Under California Insurance Code section 11580.2, an underinsured motor vehicle is defined as a vehicle that is insured, but insured for an amount that is less than the uninsured motorist limits carried on the motor vehicle of the injured person. In plain terms, UIM generally fills the gap between the other driver's liability limit and your own UM/UIM limit — it does not simply stack on top of it. This offset framing should be confirmed against current California law with a licensed attorney.
Your Policy
California law requires insurers to include uninsured motorist coverage in every bodily-injury auto liability policy issued in the state, unless the named insured rejects it. Insurance Code 11580.2(a) provides that no covered policy shall be issued or delivered in this state unless the policy contains, or has added to it by endorsement, uninsured motorist coverage. But it can be waived in writing — the statute lets the insurer and a named insured agree, in a signed writing, to delete uninsured-motorist coverage completely, delete it for certain named drivers, or provide it in a lower amount. This is why one of the first things to do after a serious crash is to pull your own declarations page and policy to see whether you actually have UM/UIM, and at what limits. If a carrier tells you there is no UM coverage, it is reasonable to ask them to produce the signed written waiver. Insurers must offer UM/UIM with limits equal to your bodily-injury liability limits, but the statute does not require them to offer limits higher than $30,000 per person / $60,000 per accident — you can carry more if you bought higher limits. Confirm these figures and your own coverage with a licensed attorney.
Process
Start by reporting the crash to your own insurer promptly and telling them you may have a UM/UIM claim, keeping in mind that notice-timing requirements live in your policy. Document everything, including the police report, photos, medical records, lost-wage proof, and any evidence the other driver was uninsured or underinsured. For UIM, confirm the other driver's coverage — you generally need to establish that their liability limits are lower than your UM/UIM limits and have been or will be exhausted. Open the UM/UIM claim with your insurer and cooperate with the investigation, remembering that your own insurer is now effectively on the other side of the valuation. Finally, negotiate or arbitrate; UM/UIM disputes over fault and damages are typically resolved through arbitration rather than a courtroom trial because the statute and most policies provide for it. Confirm the exhaustion and arbitration rules that apply to your situation with a licensed attorney.
Deadlines
UM/UIM claims have their own timing rules that are different from a normal injury lawsuit, and missing them can wipe out your claim. Under Insurance Code 11580.2(i), no cause of action accrues under the UM/UIM provision unless, within two years from the date of the accident, one of the following happens: suit is filed against the uninsured motorist, the amount due under the policy is agreed upon, or the insured formally institutes arbitration proceedings by notifying the insurer in writing sent by certified mail, return receipt requested. The statute is specific about how you institute arbitration, so a phone call or ordinary letter may not be enough. There is also an insurer notice duty: if you have a pending UM claim, the insurer must, at least 30 days before the statute of limitations expires, notify you in writing of the applicable deadline, and if it fails to do so, that deadline is tolled for 30 days from when notice is finally given — but this notice is not required once the insurer knows you are represented by an attorney. Because these timelines run separately from the standard California personal-injury statute of limitations, do not assume you have two years to deal with it. Treat the dates above as items to verify with a licensed attorney, not legal advice.
Next Steps
UM/UIM claims reward people who act early — pulling the policy, sending the right notice the right way, and tracking the two-year clock from the accident date. You can estimate your potential recovery with the Settlement Calculator, check your filing window with the California Statute of Limitations calculator, see whether you may have a claim with the Do I Have a Case quiz, and review California crash data through the accident statistics resource. As a reminder, Hurt Advice is an information and attorney-referral platform, not a law firm, and nothing here is legal advice. For advice about your specific UM/UIM claim and deadlines, consult a licensed California attorney.
Common mistakes
Search results can make a complicated injury issue feel simple. These are the mistakes that most often create confusion later.
Assuming you have a full two years to deal with everything — UM/UIM timelines run separately from the standard personal-injury statute of limitations.
Instituting arbitration with a phone call or an ordinary letter instead of writing sent by certified mail, return receipt requested, as the statute requires.
Taking a carrier's word that there is no UM coverage without asking them to produce the signed written waiver.
Not pulling your own declarations page and policy after a crash, so you never learn whether you waived UM/UIM or carry only the minimum.
Treating the at-fault driver's insurer as the only option and overlooking your own UM/UIM coverage when the other driver can't pay.
Related reading path
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FAQ
California UM coverage commonly applies to hit-and-run crashes, but there are conditions — for example, requirements around physical contact and prompt reporting. Confirm the specifics with your policy and a lawyer.
You're using coverage you paid for. It is your own insurer, but the claim is about your covered loss — not an admission you did anything wrong. This is general information and does not promise that rates won't change, so check your policy and ask an attorney about your situation.
Often yes for UIM, because UIM is designed to cover the gap above the other driver's limits. The exact requirement and any consent-to-settle rules should be confirmed with a licensed attorney.
Yes. Because your insurer is now valuing your claim against its own interest, many people choose to have an attorney handle UM/UIM arbitration. You can browse California injury lawyers or request a free review.
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