Los Angeles drivers who are hit by someone with no insurance — or not enough of it — often assume the case is over before it starts. It usually is not. The claim simply moves from the other driver's insurer to your own policy, under the uninsured and underinsured motorist coverage that California insurers are required to offer.
What uninsured and underinsured motorist coverage does
Uninsured motorist (UM) coverage pays for injuries caused by a driver who has no liability insurance. Underinsured motorist (UIM) coverage fills the gap when the at-fault driver has a policy, but the limits are too small to cover what the crash actually cost you. Both are governed by California Insurance Code section 11580.2, which requires every auto insurer to offer the coverage and requires a written waiver if a policyholder declines it. If you never signed a waiver, check the declarations page — the coverage may be there even if you do not remember buying it.
California UIM coverage is offset-based. If you carry $100,000 in UIM coverage and the at-fault driver pays their $30,000 limit, the most your own policy adds is the $70,000 difference, not another $100,000. That structure surprises people, and it is one reason the value of a claim is worth reviewing before any settlement is signed.
The state minimums changed in 2025
For decades California's minimum liability limits were $15,000 per person, $30,000 per accident, and $5,000 for property damage. As of January 1, 2025, the minimums rose to $30,000 per person, $60,000 per accident, and $15,000 for property damage. That is a meaningful improvement, but a single ambulance ride, an emergency room workup and an MRI can still exhaust a $30,000 policy. Serious crashes on Sunset, Santa Monica Boulevard or the 101 routinely exceed it, which is exactly when UIM coverage matters.
Hit-and-run crashes and the contact rule
A hit-and-run is treated as an uninsured motorist claim. California law adds a requirement that catches people out: for a phantom-vehicle claim there generally must be actual physical contact between the unidentified vehicle and yours, and the accident must be reported to the police or the Department of Motor Vehicles within 24 hours, with a sworn statement to the insurer within 30 days. A driver who swerves to avoid a car that never touches them has a much harder claim. If you were the victim of a driver who fled, our guide to Hollywood hit-and-run claims covers the reporting steps in more detail.
The deadline is not the one you expect
A lawsuit against a negligent driver in California generally has to be filed within two years of the injury under Code of Civil Procedure section 335.1. A UM or UIM claim is different: it is a contract claim against your own insurer, and Insurance Code section 11580.2(i) requires that within two years of the accident you either settle, file suit against the uninsured motorist, or formally demand arbitration. Simply reporting the claim and waiting for an adjuster to respond does not satisfy that requirement. Missing it can end an otherwise strong claim. You can check the general timelines with our statute of limitations tool.
Your insurer is not on your side in a UM claim
In a liability claim, the adjuster works for the person who hurt you. In a UM claim, the adjuster works for your own insurer — and every dollar paid comes out of that company. The insurer is entitled to examine you under oath, request your medical records, and dispute both fault and the extent of your injuries. California law does require insurers to handle claims fairly and in good faith, but "fair" is what gets argued about. Recorded statements given early, without preparation, tend to be the piece of evidence used later to argue the injury was minor.
Practical steps after a crash with an uninsured driver
- Call the police and get a report number, even if the other driver wants to keep it informal.
- Photograph the scene, the vehicles, the plate and any visible injuries before anything is moved.
- Get names and phone numbers for witnesses — they disappear quickly.
- Report the crash to your own insurer promptly, but keep the initial report factual.
- Get examined. Gaps in treatment are the single most common argument against an injury claim.
- Ask for a full copy of your policy declarations, including UM, UIM and medical payments coverage.
Medical payments coverage, if you have it, pays early treatment bills regardless of fault and can keep you from being sent to collections while the claim is pending.
Where this fits in a larger case
Uninsured motorist coverage is often only part of the picture. There may be a second at-fault driver, an employer whose driver was working at the time, or a dangerous road condition. A careful review of every available policy usually happens before anyone talks about settlement value. Our Los Angeles car accident practice page explains how those claims are built, and the plain-language car accident guide answers the questions that come up first.
If you were hit by an uninsured or underinsured driver in Los Angeles County, Hollywood Injury Law Center offers a free case review and charges attorney's fees on a contingency basis — no fee unless you win. Call (323) 850-0101 or request a free case review.
This is general information, not legal advice. Prior results do not guarantee a similar outcome.
Frequently Asked Questions
Does an uninsured motorist claim raise my premium?
California law limits an insurer's ability to surcharge a policyholder for a claim in which they were not at fault. A UM claim arising from another driver's negligence is generally treated as a not-at-fault claim, though every policy and insurer should be reviewed individually.
What if the other driver has insurance but not enough?
That is an underinsured motorist claim. California UIM coverage is offset-based: your policy pays the difference between the at-fault driver's limits and your UIM limits, not the full amount over again.
How long do I have to bring a UM claim in California?
Insurance Code section 11580.2(i) generally requires that within two years of the accident you settle, file suit against the uninsured motorist, or formally demand arbitration. Reporting the claim alone does not preserve it.
Is a hit-and-run covered by uninsured motorist coverage?
Yes, hit-and-run crashes are handled as uninsured motorist claims. For an unidentified vehicle, California generally requires physical contact plus a report to police or the DMV within 24 hours and a sworn statement to the insurer within 30 days.