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Uninsured Motorist Claim vs. Suing the At-Fault Driver
Short answer
Should I file an uninsured motorist claim or sue the driver who hit me?
If the at-fault driver has no insurance or not enough of it, your own uninsured/underinsured motorist coverage is usually the practical source of recovery, because it is a real policy that can actually pay. Suing an uninsured driver personally is possible, but a judgment against someone with no assets and no insurance frequently collects nothing. UM/UIM claims are contract claims against your own insurer and typically go to arbitration rather than a jury trial, and they carry their own notice deadlines.
UM/UIM claim vs. Suing the driver at a glance
| Factor | UM/UIM claim | Suing the driver |
|---|---|---|
| Who pays | Your own insurer | The driver personally |
| Likelihood of collecting | High, up to policy limits | Often low if the driver is uninsured |
| Forum | Usually contractual arbitration | Civil court |
| Effect on your premium | A not-at-fault UM claim should not raise rates for fault | None |
| Key deadline | Policy notice terms plus statutory limits — act quickly | Generally 2 years from the crash |
| Consent to settle | Required before accepting the other driver's limits in a UIM case | N/A |
Check your own policy first
California insurers must offer UM/UIM coverage, and it can only be waived in writing. Many drivers have it without realizing it. The declarations page will show a UM/UIM limit if you carry it.
Underinsured coverage pays the difference between the at-fault driver's limits and yours, not the full amount again — a detail that surprises most claimants.
The consent-to-settle trap
In an underinsured case, accepting the at-fault driver's policy limits without first obtaining your own insurer's written consent can forfeit the UIM claim entirely. Get the sequence right before signing anything.
Hit-and-run cases
Uninsured motorist coverage can apply to a hit-and-run, but insurers commonly require prompt reporting to police and corroboration of physical contact. Report immediately and keep the report number.
Frequently asked questions
- Will my rates go up if I use my uninsured motorist coverage?
- A claim where you were not at fault should not be surcharged for fault, though policies and carriers differ. Ask your carrier for its rating rules in writing.
- Can I pursue both at once?
- Often yes — the liability claim against the driver and the UM/UIM claim against your carrier can proceed together, with the consent-to-settle requirement handled in order.
- Does UM coverage cover passengers and pedestrians?
- It frequently extends to household members and to you as a pedestrian struck by an uninsured driver. The policy language controls.
Talk it through with an attorney — free
Hollywood Injury Law Center represents injured people across Los Angeles County from our West Hollywood office. No fee unless we win your case.
This page is general information about California law, not legal advice, and reading it does not create an attorney-client relationship. Hollywood Injury Law Center — Bash & Polyachenko P.C. is licensed to practice in California. Prior results do not guarantee a similar outcome.