Speak To Attorney Now
(707) 422-1202
SPEAK TO ATTORNEY NOW(707) 422-1202
Speak To Attorney Now
(707) 422-1202 SPEAK TO ATTORNEY NOW(707) 422-1202
Getting into a car accident is stressful enough. However, learning that the other driver has no insurance—or too little—can quickly turn confusion into panic. California ranks among the top states for uninsured and underinsured drivers. Even if someone carries the legal minimum, that coverage often isn’t enough. Medical bills, lost wages, and car repairs can pile up fast.
If you’re unsure what to do after an uninsured motorist accident in California, you’re not alone. Many drivers face this challenge, especially after serious collisions. Fortunately, legal options are available—and you may have more protection than you think.
At The Choyce Law Firm, we help injured drivers, passengers, and families across Sacramento and nearby areas pursue full compensation. Whether the at-fault driver had no insurance, not enough, or fled in a hit-and-run, we know how to handle uninsured and underinsured motorist claims (UM/UIM) in California. We also fight back when your own insurance company delays or underpays a valid claim.
Key Takeaways
- California has one of the highest rates of uninsured and underinsured drivers, which puts responsible drivers at financial risk after a crash.
- Uninsured motorists carry no insurance, while underinsured drivers don’t carry enough to cover serious injury or damage.
- UM/UIM coverage helps you recover damages through your own policy when the at-fault driver can’t pay. Many drivers don’t know they have it.
- UM/UIM claims can include compensation for medical bills, lost income, pain and suffering, property damage, and long-term care costs.
- Even though you’re dealing with your own insurer, the claims process can be difficult—delays, disputes, and lowball offers are common.
- In California, you usually have two years to file a personal injury claim, but UM/UIM policies may include shorter deadlines.
- The Choyce Law Firm helps Sacramento-area victims file strong UM/UIM claims and pursue the full compensation they deserve—with no fee unless we win.
After a crash, understanding whether the at-fault driver is uninsured or underinsured can make a big difference in how your claim is handled. While these terms sound similar, California law treats them differently—and knowing the distinction helps protect your rights and guide your next steps.
An uninsured motorist is someone who drives without any auto insurance. This is a direct violation of California law. In some cases, the driver may have allowed their policy to lapse. Other times, they may never have purchased insurance in the first place. Hit-and-run drivers are also treated as uninsured under California’s insurance code.
If you’ve been hit by someone with no insurance—or a driver who fled the scene—your own uninsured motorist (UM) coverage may be the only way to recover damages. For this reason, it’s important to review your auto policy closely after any crash.
An underinsured motorist has insurance, but not enough to cover the full cost of the accident. In California, the minimum coverage required by law is:
These amounts may seem like a lot, but they disappear quickly in a serious accident. For example, a hospital stay, surgery, and physical therapy can easily exceed $50,000. If the at-fault driver’s policy doesn’t cover your losses, your underinsured motorist (UIM) coverage can help bridge the gap.
At The Choyce Law Firm, we help clients understand their policies and pursue the full compensation available—even when the other driver’s insurance falls short.
Uninsured and underinsured motorist (UM/UIM) coverage can be a financial lifesaver after an accident—especially when the at-fault driver can’t pay. While California doesn’t require drivers to carry UM/UIM insurance, state law does require insurance companies to offer it. Many drivers have this coverage and don’t even realize it.
UM/UIM coverage protects you when the driver who caused the crash either has no insurance or doesn’t have enough to pay for your losses. If you’re hit by an uninsured driver—or someone who flees the scene—you can file a claim with your own insurance company under your UM policy. If the driver has insurance but not enough to cover your total damages, your UIM coverage can cover the difference.
This coverage typically includes compensation for:
No, but insurers must offer it—and they must document if you reject it. That means there’s a good chance you already have it included in your policy. If you’re not sure, ask your insurance company for a copy of your declarations page.
Because medical costs and lost income can rise quickly after a crash, this coverage often becomes essential in recovering full compensation. At The Choyce Law Firm, we work with clients to evaluate their policy coverage and help them file UM/UIM claims the right way.
When you’re hit by an uninsured driver, what you do next can make a major difference in your ability to recover compensation. Even though the other driver may not have insurance, you still need to treat the situation seriously and protect your legal rights. The steps you take now will directly affect the strength of your uninsured motorist (UM) or underinsured motorist (UIM) claim.
Always report the accident to law enforcement. A police report creates an official record of the crash and documents key details, including whether the at-fault driver had insurance. If the other driver fled the scene, the report also supports your claim as a hit-and-run victim, which qualifies as an uninsured motorist case under California law.
Even if you don’t feel injured right away, it’s important to get checked by a medical professional. Some injuries—like concussions or internal damage—may take hours or days to appear. Prompt care not only protects your health, but also creates documentation linking your injuries to the accident. If you’re unsure whether to take an ambulance, see our page on whether you should ride in an ambulance after a crash.
If it’s safe, take photos of the damage, road conditions, traffic signs, and any visible injuries. Get the names and contact information of witnesses. If the other driver admits fault or lacks insurance, write that down. The more information you collect, the stronger your claim will be.
Let your insurer know about the crash as soon as possible. However, avoid giving a recorded statement before speaking with a lawyer. Insurance companies often use early statements to limit or deny coverage. Learn more about this risk on our page about dealing with insurance companies.
Even though you’re dealing with your own insurance company, the process can still be difficult. Providers may question your injuries, argue that you were at fault, or delay payment. At The Choyce Law Firm, we know how to handle these tactics and will deal with the insurance companies on your behalf while you focus on recovery.
Filing an uninsured or underinsured motorist (UM/UIM) claim in California might sound simple, but the process is rarely straightforward. Even though the claim goes through your own insurance company, that doesn’t mean they’ll pay without a fight. Insurance companies still look for ways to reduce what they owe—or deny the claim altogether.
You’ll start by notifying your insurer of the accident and stating that the at-fault driver lacked sufficient coverage. This may include proof that the other driver had no insurance or only carried minimum liability limits. In hit-and-run cases, a police report showing the driver fled the scene is usually enough to trigger UM benefits.
Your insurer will likely ask for a wide range of documents. Be prepared to submit:
It’s critical that your documentation clearly shows how the accident occurred, who was at fault, and how the injuries and losses affect your life. Any gaps or unclear evidence could be used to delay or deny your claim.
Even though this is your own policy, your insurer still treats the case like any other liability claim. They may challenge how the crash happened, argue that your injuries aren’t serious, or offer a low settlement. If they delay communication, deny responsibility, or undervalue your losses, you’ll need legal support to push back.
At The Choyce Law Firm, we manage the entire UM/UIM process on your behalf—from gathering documents and proving liability to negotiating with your insurance company and filing suit if necessary.
Uninsured and underinsured motorist (UM/UIM) claims can provide financial relief when the at-fault driver can’t fully cover your losses. In California, this type of claim allows you to recover many of the same damages you would pursue in a regular personal injury lawsuit. The key difference is that you’re collecting from your own insurance policy rather than someone else’s.
If your claim is successful, you may be eligible to receive compensation for:
In the case of fatal accidents, UM/UIM coverage may also provide wrongful death compensation for surviving family members. This can include funeral expenses, loss of financial support, and loss of companionship.
It’s important to calculate the full value of your losses before accepting any settlement. Insurance companies may offer a quick payout that doesn’t come close to covering your long-term needs. At The Choyce Law Firm, we review every case closely, factoring in future care, lost earning potential, and the emotional impact of your injuries. Our goal is to help you recover the maximum compensation allowed under your policy.
Even though you’re filing a claim with your own insurance company, uninsured and underinsured motorist (UM/UIM) cases are rarely simple. Insurance companies still look for ways to reduce what they pay. They may question liability, downplay your injuries, or delay your claim. Without legal guidance, you could end up accepting less than you deserve.
An experienced personal injury attorney can level the playing field. From gathering evidence to negotiating a fair settlement, a lawyer handles every step of the process. Your legal team can challenge lowball offers, bring in medical experts, and file a lawsuit if your insurer refuses to pay. For victims dealing with physical pain, lost income, and mounting bills, having the right representation makes a real difference.
There’s also a deadline to act. In California, the statute of limitations for personal injury claims is typically two years from the date of the accident. However, some UM/UIM insurance policies impose shorter deadlines for filing a claim. That’s why it’s critical to get legal advice as early as possible. To understand how deadlines work in your case, visit our page on the statute of limitations.
At The Choyce Law Firm, we have years of experience handling UM/UIM cases throughout Sacramento and Northern California. We know how to deal with insurance companies—and we don’t get paid unless we win for you.
If you’ve been hit by an uninsured or underinsured driver in California, don’t wait to find out what your options are. These claims can be complex, and insurance companies are rarely on your side. The sooner you get legal help, the better your chances of recovering the full compensation you deserve.
At The Choyce Law Firm, we have helped countless victims across Sacramento recover after accidents with uninsured drivers. We take the time to understand your case, review your insurance policy, and deal directly with the insurance companies so you don’t have to. With our contingency fee model, you pay nothing unless we win.
To speak with an experienced Sacramento personal injury attorney, call (916) 306-0636 or send us a message through our contact page. We’re here to fight for you and help you move forward with confidence.
The Choyce Law Firm