Hit by an uninsured or underinsured driver in California
When the driver who hit you has no insurance, or too little, the claim usually moves to your own policy’s uninsured/underinsured motorist (UM/UIM) coverage. Insurers must include uninsured motorist coverage in every auto policy unless the policyholder waives it in writing.
How UM/UIM coverage works
Uninsured motorist coverage pays what the at-fault driver’s insurance would have paid if they had carried it. Underinsured coverage fills the gap when their policy is too small for your injuries.
It is a claim against your own insurer, but that does not make the insurer your advocate. It evaluates the claim the way any insurer evaluates a claim it has to pay.
Source: Cal. Ins. Code § 11580.2
Hit-and-run crashes
A driver who flees is usually treated as uninsured. Report the crash to police promptly — insurers commonly require a timely police report before paying an uninsured-motorist claim for a hit-and-run — and gather any video from nearby businesses before it is overwritten.
If you were the one without insurance
Under Proposition 213, a driver who was uninsured at the time of the crash generally cannot recover non-economic damages such as pain and suffering, even from a driver who was entirely at fault. Medical bills and lost wages remain recoverable.
Source: Cal. Civ. Code § 3333.4
Deadlines still apply
A UM/UIM claim runs on the terms of your policy, which can set their own notice requirements. The 2-year statute of limitations for the underlying injury claim (Cal. Code Civ. Proc. § 335.1) still matters to how it is resolved.
Real California results
Documented California verdicts and settlements from public court records.
| Case | Type | Result |
|---|---|---|
Alejandra Gonzalez v. County of Los Angeles Los Angeles County, 2026 · Car accident | Car accident | $1,500,000 settlement |
Jennifer Orta v. Matthew Bogy San Bernardino County, 2026 · Intersection crash | Intersection crash | $659,626 verdict |
Tito Flores v. CDS Equipment Los Angeles County, 2025 · Truck accident | Truck accident | $1,500,000 settlement |
Unger v. Greenberg Los Angeles County, 2023 · Car accident | Car accident | $600,000 settlement |
Cruz Luis v. Estate of Molloy Los Angeles County, 2025 · Rear-end collision | Rear-end collision | $1,425,000 settlement |
Real cases, shown as recorded in public court records. Verdicts are jury awards; settlements are agreed payments. They are other people’s cases and not predictions of what your case is worth. Every case is different. Prior results do not guarantee a similar outcome.
Frequently asked questions
Is uninsured motorist coverage required in California?
Insurers must include uninsured motorist coverage in every auto policy unless the policyholder waives it in writing.
Will my premiums go up if I use my UM coverage?
Many states restrict raising premiums for a claim where you were not at fault, but policies and insurer practices vary. Ask your insurer in writing.
Compare your crash with real cases
Our AI matches what happened to you against documented California verdicts and settlements. Free, about 60 seconds.
More California guides
California cities
This guide in other states
This page is general information about California law, reviewed September 2026. It is not legal advice, laws change, and the right answer for your claim depends on its facts. CaseChecker.ai is not a law firm; it connects people with independent attorneys licensed in their state.