Uninsured Motorist Coverage in California: Why You Need It

California has one of the highest rates of uninsured drivers in the nation. Uninsured motorist coverage protects you when the at-fault driver can't or won't pay for your damages.

What Is Uninsured Motorist Coverage?

Uninsured Motorist (UM) coverage is optional insurance that pays for your injuries and damages when you're hit by a driver who:

Has no insurance
Has insufficient insurance to cover your damages
Flees the scene (hit-and-run)
Can't be identified

Types of Uninsured Motorist Coverage

UM Bodily Injury (UMBI)

Covers:

Medical expenses
Lost wages
Pain and suffering
Rehabilitation costs
Permanent disability
Wrongful death

UM Property Damage (UMPD)

Covers:

Vehicle repair or replacement
Rental car expenses
Personal property in your vehicle

Note: UMPD in California has a $3,500 deductible unless the hit-and-run driver is identified.

Underinsured Motorist Coverage (UIM)

Generally, this coverage in your auto insurance policy applies if: 1) Your personal injury damages exceed the amount of the at-fault driver's liability coverage; 2) You have UIM coverage that is greater than the amount of liability coverage maintained by the at-fault driver; and 3) The at-fault driver's insurance company pays you their negligent insured's full policy limit in compensation for your injuries.

Example: You have $100,000 in damages, and a $100,000.00 UM/UIM policy limit under your auto policy. The at-fault driver only has a minimum liability policy limit of $15,000.00. If the insurance company for the at fault driver settles your claim by paying you their insured's $15,000.00 policy limit, you can make an Underinsured Motorist Claim with your own auto carrier seeking an additional $85,000.00 in damages.

Why You Need UM Coverage

High Rate of Uninsured Drivers

In California:

Approximately 17% of drivers have no insurance
That's nearly 1 in 6 vehicles on the road
The problem is worse in some areas

Minimum Coverage Often Insufficient

California's minimum required insurance is:

Only $15,000 per person for injuries
Only $30,000 per accident
Serious injuries easily exceed these amounts

Hit-and-Run Protection

UM coverage applies even if the driver is never found, giving you financial protection when the at-fault party disappears.

How Much UM Coverage Do You Need?

Consider matching your UM limits to your liability limits. If you carry:

$100,000/$300,000 liability coverage
Also carry $100,000/$300,000 UM coverage

This ensures equal protection whether you cause an accident or are hit by an uninsured driver.

Higher limits are better, especially if you:

Have significant assets to protect
Have a high income
Are the family's primary earner
Frequently drive with passengers

How UM Coverage Works

Filing a UM Claim:

Report the accident to your insurance company
Provide police report and documentation
Your insurer investigates
You may need to prove the other driver was uninsured
Your insurance pays up to your policy limits

You Can Still Sue the Uninsured Driver

UM coverage doesn't prevent you from suing the at-fault driver personally. However, uninsured drivers typically lack assets to collect from, making your UM coverage your best source of compensation.

Common UM Coverage Myths

Myth: "It's too expensive"

Reality: UM coverage typically costs only $50-150 more per year for substantial protection.

Myth: "My health insurance covers me"

Reality: Health insurance doesn't cover lost wages, pain and suffering, or property damage. Plus, your health insurer may seek reimbursement from any settlement.

Myth: "I'm a careful driver, I won't need it"

Reality: You can't control other drivers. Accidents happen regardless of your caution.

Myth: "The other driver will have insurance"

Reality: 17% of California drivers don't. Can you afford to bet your family's financial security on those odds?

Stacking UM Coverage

California doesn't allow "stacking" of UM coverage. If you have multiple vehicles with UM coverage, you can only collect from one policy.

UM Coverage and Comparative Fault

If you're partially at fault for the accident, your UM recovery will be reduced by your percentage of fault, just like any other claim.

What If Your Claim Is Denied?

Insurance companies sometimes wrongfully deny UM claims by:

Claiming you didn't prove the other driver was uninsured
Arguing their insured wasn't at fault
Disputing your injury severity
Offering unreasonably low settlements

If your UM claim is denied, you have the right to sue your own insurance company for "bad faith."

How an Attorney Helps with UM Claims

The Baum Law Firm helps clients:

Navigate the UM claims process
Gather evidence of the other driver's lack of insurance
Document all damages thoroughly
Negotiate with your insurance company
File bad faith lawsuits if necessary
Maximize your recovery

Don't Wait to File Your Claim

California's statute of limitations applies to UM claims. You typically have:

2 years to file a UM claim
But your insurance policy may require earlier notice
Don't delay or risk losing coverage

Protect Yourself Today

If you don't have UM coverage, contact your insurance agent immediately to add it. If you've been hit by an uninsured driver, contact The Baum Law Firm at (951) 200-4265.

We'll fight to ensure you receive every dollar of UM coverage you're entitled to.