Uninsured Motorist Claims After a California Car Crash

After a crash on Hollywood Boulevard or elsewhere in Los Angeles, you may learn that the other driver has no identified insurance or not enough coverage for the dispute. This guide helps you organize an uninsured or underinsured motorist issue without guessing what a policy promises. It explains records to gather, why coverage is document-specific, and injury deadlines to track. A claim under your own policy is separate from deciding who caused the crash.

What uninsured and underinsured claims mean in practice

An uninsured-motorist question arises when the responsible driver’s insurance is absent or cannot be confirmed; an underinsured question arises when available coverage may not address the claimed losses. Those labels do not establish that a particular policy applies, what it covers, or which conditions it imposes. The exact policy and crash facts control the review.

The supplied verified materials do not set general California UM/UIM coverage limits, deadlines, or procedures for ordinary car policies. This guide therefore gives no dollar limit and does not promise stacking or a universal demand process. Request and preserve the full policy wording and any written coverage position. Keep a first-party claim distinct from the claim against another driver.

The 2026 change applies to a specific rideshare setting

The verified materials describe one narrow change: SB 371, effective January 1, 2026, reduced required rideshare passenger-period UM/UIM coverage from $1 million to $60,000 per person and $300,000 per accident under the amendment to Public Utilities Code section 5433. The $1 million liability coverage for injuries a rideshare driver causes to others remains in place.

Those rideshare figures should not be treated as the general limit for an ordinary private car policy. The current reduced UM/UIM figure since January 1, 2026 concerns the specified rideshare coverage context. If you were a rideshare passenger, preserve trip records and in-app timestamps because the coverage period at the crash matters.

How fault and damages fit with coverage

A coverage question does not resolve who caused the collision. Preserve photos, witness details, vehicle damage, incident paperwork, and available recordings. A disputed fault percentage can affect the underlying injury claim even when an insurance policy is being reviewed.

California uses pure comparative negligence. Under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, a plaintiff’s damages are reduced by the plaintiff’s share of fault, but partial fault does not bar recovery. With multiple defendants, Civil Code section 1431.2 makes economic damages joint and non-economic damages several in proportion to each defendant’s fault.

Records to gather before coverage is disputed

• Your policy: preserve declarations, endorsements, and complete UM/UIM wording.
• Other driver: save identity, vehicle information, insurer details, and any written statement that coverage is absent or limited.
• Crash evidence: keep original photos, witnesses, incident records, repair documents, and available dashcam footage.
• Communications: retain every request, response, reservation, denial, and coverage explanation.
• Injury records: organize medical and wage information by date without changing what a record says.

If an insurer asks for a statement or release, review the policy and the request before responding. The supplied materials do not state a universal rule for statements, so avoid treating this checklist as a policy-specific instruction.

Deadlines remain important while coverage is reviewed

Most personal injury lawsuits generally must be filed within two years of injury under Code of Civil Procedure section 335.1. The verified facts do not say insurance discussions automatically extend that period, so do not assume an open claim changes the court deadline.

If a public entity may be responsible, a written claim generally must be presented within six months under Government Code section 911.2. A private insurance claim does not satisfy that separate step. The facts file does not supply a general deadline for first-party UM/UIM submissions, so review the policy for contractual notice terms and track them separately.

Practical next steps after an uninsured-driver crash

Preserve the collision evidence and request complete policy information from your insurer. Ask for a written coverage position that identifies the policy language it relies on. If the other driver’s coverage is uncertain, preserve the source of each statement rather than relying on a verbal estimate.

Calendar the two-year injury period under section 335.1. If a public entity may share responsibility, track the six-month claim deadline under section 911.2. A rideshare passenger should preserve trip data and timestamps if the 2026 change may apply. Do not estimate what a policy will pay based on another case; read the relevant policy against the facts.

Begin with the declarations page, then obtain the policy wording and endorsements that apply to the event. A summary may not include every condition or definition. Save the version in effect on the crash date and record the policy period. The verified materials do not state ordinary private-policy limits or submission mechanics, so the specific wording matters. If an insurer gives a verbal answer, ask for the basis in writing and keep the response with the policy.

Keep the underlying liability investigation active while the first-party policy question is reviewed. Preserve the crash scene, witness details, vehicle information, photographs, and medical records. An insurer’s coverage view does not itself settle the disagreement about who caused the collision. Under Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, a plaintiff’s fault reduces damages but does not bar recovery; Civil Code section 1431.2 governs how multiple defendants share economic and non-economic damages.

If the other driver’s insurance status is uncertain, record how that information was obtained. Keep a letter, policy document, or other written confirmation rather than relying only on a conversation. Save the driver’s name, vehicle, and insurer details, and preserve any updated coverage information. Do not describe a driver as uninsured merely because an adjuster has not yet returned a call; distinguish an unanswered inquiry from a confirmed coverage position.

For a rideshare trip, preserve trip records and the in-app time information near the collision. The verified change under SB 371 took effect January 1, 2026 and concerns required passenger-period UM/UIM coverage under Public Utilities Code section 5433. The current reduced amount is $60,000 per person and $300,000 per accident; the $1 million liability coverage for injuries caused by the rideshare driver to others remains. Do not extend these figures to an ordinary private car policy.

Make a deadline sheet that separates statutory and policy dates. Most injury lawsuits generally have a two-year limit under Code of Civil Procedure section 335.1. A claim against a public entity generally requires written presentment within six months under Government Code section 911.2. The facts file does not set the general contractual UM/UIM notice period, so review the actual policy for that requirement and record the source of each date.

Before signing a release or making a broad statement about the claim, read what it covers and preserve a copy. If a request from the insurer is unclear, ask which policy provision it concerns and keep the written answer. Do not assume a payment estimate is final or that a claim under your own policy replaces the claim against another driver. Organizing the policy, crash evidence, and deadline records gives each issue its own factual basis.

Use the exact date of the policy and crash when asking the insurer to explain coverage. A policy that applies to an event is the one in effect for that period, and endorsements or definitions may matter. The verified facts do not provide the standard wording or deadline for every private UM/UIM claim, so avoid relying on general internet summaries or another person’s experience. Ask the carrier to identify the provision supporting its position and save the complete response.

If the other driver has a policy, retain whatever written information establishes the insurer and stated limits, but do not assume that an initial estimate is a final coverage determination. If the driver is unidentified or coverage remains unresolved, preserve all available incident and witness information that can help identify the vehicle and person. A coverage dispute does not change the need to preserve evidence about how the crash happened or the harm that followed.

Where a rideshare passenger is involved, keep the trip receipt and available in-app timestamps with the policy materials. The verified SB 371 change is limited to the rideshare passenger-period requirement effective January 1, 2026; it does not supply a blanket limit for ordinary auto insurance. Keep that distinction clear in correspondence and in any summary of the claim. Track the two-year injury period and any public-entity claim separately from policy-based notice terms.

Los Angeles County coverage and deadline context

Most personal injury cases arising in Los Angeles County are filed in Los Angeles County Superior Court; the exact courthouse assignment should be confirmed for each case; confirm venue. The ordinary injury deadline is two years under Code of Civil Procedure section 335.1. A public-entity claim generally must be presented within six months under Government Code section 911.2. Los Angeles includes private vehicles, transit, and rideshare trips, but policy rules differ by context. Practical tip: keep a dated folder for each insurer and preserve the full policy, not only a summary.