What Uninsured Motorist Coverage Does
Uninsured motorist coverage pays for your injuries when the driver who caused the crash has no liability insurance, and in some policies when no one can identify that driver. It sits on your own auto policy. So the claim goes to your own insurer, even though someone else caused the harm. That shift changes how the claim works, because your insurer now evaluates fault and damages from the other side’s point of view.
Whether You Have Uninsured Motorist Coverage
California Insurance Code section 11580.2 requires auto liability policies to include uninsured motorist coverage unless the policyholder waives it in writing on a specific form. Many people therefore have it without realizing. Check the declarations page of your policy for the letters UM or UMBI.
If you think you waived it, ask your insurer for a copy of the signed waiver. Then compare it with what you remember. The California Department of Insurance publishes consumer guides that explain auto coverage types.
Who It Covers
Coverage often extends beyond the named policyholder. Household family members and passengers in your car may qualify, depending on the policy language. Some policies also cover you as a pedestrian or bicyclist hit by an uninsured driver. Read the definitions section carefully, since it decides who counts as an insured.
Your Insurer Becomes the Other Side
California regulations treat a person seeking uninsured motorist benefits as a first party claimant. That label brings certain protections, such as written explanations for denials. Yet your insurer still has a financial interest in paying less.
For that reason, prepare the claim as carefully as you would against a stranger’s insurer. For the general claim types, see first party insurance claims.
Your policy likely includes a duty to cooperate. So expect requests for records, a recorded statement and possibly an exam. Respond promptly and keep copies.
Proving the Other Driver Was Uninsured
Your insurer will want proof that the other driver had no coverage. A police report, a denial letter from another insurer or a DMV record can help. Also keep any text or note in which the other driver admitted having no insurance.
Report the crash to the DMV when required. California generally requires a report within ten days when anyone is hurt. For details, see California DMV accident reporting.
Hit and Run Crashes
Hit and run cases raise their own questions. Policies often set conditions for these claims, such as prompt police reports and notice to the insurer. Some policies also have rules about whether the vehicles touched. So report a hit and run to police right away and notify your insurer in writing.
Uninsured Motorist Coverage Limits
Every policy has a limit for uninsured motorist claims. Often it matches the liability limit, though the policyholder can choose lower limits in some cases. If your injuries exceed that limit, you may also look to other policies, such as a household member’s policy, depending on the terms.
Health insurance and medical payments coverage may also play a part. Medical payments coverage is optional in California, so check whether you bought it. For who pays bills while a claim is pending, see medical bills pending settlement.
Evidence for Uninsured Motorist Coverage Claims
- The police report and report number
- Photos of the vehicles and the scene
- Witness names and phone numbers
- Medical records and bills
- Proof of lost income
Gather these early. Because the other driver has no insurer to investigate, your own evidence often carries the claim.
Disagreements With Your Insurer
Disputes over fault or value can arise. Many policies explain how to resolve those disputes, including whether they go to arbitration. Read that section of the policy. Also keep in mind that policy deadlines may apply, separate from the usual lawsuit deadline.
Underinsured Drivers
Sometimes the other driver has insurance, yet not enough to cover serious injuries. Many policies pair uninsured coverage with underinsured coverage for that situation. The rules for that coverage differ from uninsured claims. So read that part of your policy closely, including any section on how other payments affect it.
So before accepting the other driver’s limits, tell your own insurer in writing. Some policies require notice or consent before you settle with the at fault driver. Skipping that step can put your own claim at risk. Ask your insurer to explain its requirements in writing.
Timing and Notice
Notify your insurer as soon as you learn the other driver lacks coverage. Policies often require prompt notice, and delays can lead to disputes. Then keep a log of every call, letter and request. A dated record helps if questions about timing come up later, and it also helps you track what the insurer has asked for and what you have sent.
Premiums and Fault
California Insurance Code section 491 generally bars an auto insurer from raising premiums because of an accident in which the insured was not at fault. That rule may ease concerns about using your own coverage. Ask your insurer how it decides fault for rating purposes, and keep a copy of its answer.
This article is general information, not legal advice. Laws change and every situation is different.