The driver who hit you has no insurance, or only the state minimum, and your medical bills are already past what their policy will pay. You are wondering whether you are stuck. In many cases the answer sits in your own auto policy, in a coverage most people never read: uninsured and underinsured motorist coverage.
The short answer
Uninsured motorist (UM) coverage pays you when the at-fault driver has no insurance or flees the scene. Underinsured motorist (UIM) coverage pays when the at-fault driver has insurance, but not enough to cover your losses. Both come from your own policy, and both follow special rules under Insurance Code 11580.2. The biggest traps are deadlines: a hit and run must be reported to the police within 24 hours, and a UM claim must be resolved, sued on, or sent to arbitration within two years.
What is uninsured motorist coverage?
UM coverage steps into the shoes of the driver who should have had insurance. If that driver had been insured, their company would pay for your medical bills, lost wages, and pain and suffering. When there is no policy, your own insurer pays instead, up to your UM limits.
California law requires every auto insurer to offer UM coverage. You can only turn it down in writing. Check the declarations page of your policy for a line that says "uninsured motorist bodily injury" or "UM/UIM."
UM claims cover the same kinds of losses as a normal injury claim:
- Medical bills, past and future
- Lost wages and lost earning ability
- Pain, suffering, and emotional distress
The difference is who you are claiming against. You are making a claim with your own company, and your own company will still try to pay as little as it can.
What is underinsured motorist coverage?
Since 2025, California's minimum auto limits are 30/60/15: $30,000 per injured person, $60,000 per accident, and $15,000 for property damage.
UIM coverage helps when the at-fault driver's limits are lower than your own UIM limits. The way it works in California is important:
- You first collect the full limits of the at-fault driver's policy.
- Your UIM coverage is then available up to your own limit, minus what the at-fault driver's insurer paid.
So if you carry $100,000 in UIM and the other driver's company pays its $30,000 limit, your UIM can pay up to $70,000 more. If your UIM limit is $30,000, the same as theirs, there is usually nothing left to collect. This offset is why the amount of coverage you buy matters so much.
Your insurer also has to agree before you accept the other driver's policy limits in some situations. Accepting a settlement and signing a release without telling your own company can put your UIM claim at risk. Talk to a lawyer before you sign anything.
Who is covered?
More people than you might think. UM and UIM coverage often protects:
- You, as the named policyholder
- Family members who live in your household, such as a spouse or children
- Passengers riding in your insured car
- You as a pedestrian or bicyclist, in many policies, if an uninsured driver hits you while you are not in a car at all
Read the policy's definition of "insured." It controls who can make a claim. If you were hurt in someone else's car, their UM coverage may apply first, and your own may add to it.
Rideshare passengers have their own layer. Since January 1, 2026, Uber and Lyft must carry UM/UIM coverage of $60,000 per person and $300,000 per accident during a trip. Our guide on rideshare passenger claims explains how that stacks with the $1,000,000 liability policy.
Hit and run: the three rules you must follow
A hit and run driver is treated as uninsured, so UM coverage can pay. But California adds strict conditions:
- Physical contact. The unknown vehicle generally must have actually hit you or your car. A driver who ran you off the road without touching you is a harder claim.
- Report within 24 hours. You must report the crash to the police or the CHP within 24 hours.
- Sworn statement within 30 days. You must give your insurer a written statement under oath, within 30 days, that you have a claim against an unknown driver.
Miss one of these and your insurer may deny the claim outright. If you were hurt in a hit and run, report it today, even if you are already past the scene.
The two-year deadline for UM claims
The usual rule for injury lawsuits is Code of Civil Procedure 335.1: two years from the date of injury. UM claims have their own version of that clock. Within two years of the crash, one of three things must happen:
- You and your insurer agree on the amount
- You file a lawsuit against the uninsured driver
- You formally demand arbitration with your insurer
Simply opening a claim and trading emails with an adjuster does not stop the clock. Many people learn this too late.
Why a UM claim goes to arbitration, not a jury
UM and UIM disputes in California are usually decided by a private arbitrator, not a jury. If you and your insurer cannot agree on what your claim is worth, either side can demand arbitration. The arbitrator hears the evidence and decides the amount. Your insurer will have lawyers there. You should too.
Do not treat your own insurer like a friend
Your company owes you good faith, but its adjuster is still paid to protect its money. Expect a request for a recorded statement, a medical records release, and sometimes an examination under oath. Our guide on recorded statements to adjusters covers what to say and what not to say.
What if you were the one without insurance?
If you were driving uninsured when someone else caused the crash, you can still claim your medical bills and lost wages. But under Civil Code 3333.4, often called Prop 213, you generally cannot recover pain and suffering. Our Prop 213 guide explains the exceptions.
How we help with UM and UIM claims
Our car accident lawyers handle UM and UIM claims across California, from Los Angeles to the Central Valley. We read your policy, track every deadline, collect the other driver's limits the right way, and press your own insurer for full value. No fee unless we win. If an uninsured or underinsured driver hurt you, call (310) 746-5775 or request your free case review.
This guide is general information, not legal advice. Deadlines and rules change; talk to a lawyer about your situation.