A car accident is stressful enough. It gets harder when the driver who caused it has no insurance, or not enough insurance to pay for your injuries.

This happens a lot in California. According to a 2025 report from the Insurance Research Council, about 20.4% of California drivers had no insurance in 2023. That is roughly one out of every five drivers on the road. This gave California the eighth-highest uninsured driver rate in the country that year. Nationwide, the rate was lower, at 15.4%, or about one in seven drivers.

Uninsured and underinsured motorist coverage, often called UM/UIM coverage, can give you another way to get paid when this happens. This guide walks through how UM/UIM coverage works in California, what it may pay for, and what to do after a crash in Los Angeles or anywhere else in the state.

This article provides general information and is not legal advice. Insurance coverage and claim rules depend on your policy, your accident, and the law that applies to your specific case. If you have questions about your own situation, speak with a Los Angeles personal injury attorney about your options.

What Is Uninsured and Underinsured Motorist Coverage?

Uninsured and underinsured motorist coverage (UM/UIM coverage) is a part of your car insurance policy. It can protect you when another driver causes a crash but does not have enough liability insurance to pay for what you lost.

Uninsured motorist coverage may help when the driver who caused the crash has no insurance at all. Underinsured motorist coverage may help when that driver does have insurance, but the amount is too low to cover your injuries.

California law says insurance companies must offer this coverage when they sell you a car insurance policy. You can turn it down, but you generally have to sign a form that says the coverage was offered and you said no to it.

Because of this, UM/UIM coverage is not something every driver automatically has. Check your declarations page, or call your insurance company, to see if you bought this coverage and how much you have.

What Is Uninsured Motorist Bodily Injury Coverage?

Uninsured motorist bodily injury coverage, called UMBI, can help when a driver with no insurance causes a crash that hurts you.

Say another driver runs a red light in Los Angeles and hits your car. Later you find out that driver has no active insurance. If your policy has UMBI, you may be able to file a claim with your own insurance company instead.

According to the California Department of Insurance, UMBI can cover injuries to you and to the people riding in your car when an uninsured driver causes the crash. How much you get depends on your policy limits and terms.

Even though you file this claim with your own insurer, they may still look closely at who was at fault, how badly you were hurt, what treatment you needed, and how much your claim is worth.

What Is Underinsured Motorist Coverage?

Underinsured motorist coverage, or UIM, can help when the driver who caused your crash has insurance, but not enough of it.

Picture a crash that leads to surgery, months of treatment, and lost paychecks. The other driver has insurance, but their policy limit is much smaller than what you actually need.

Under California law, a car counts as “underinsured” when its insurance is lower than the UM/UIM limits on your own policy. Your UIM coverage generally will not pay out until the at-fault driver’s insurance has been used up through a settlement or a court judgment.

California law also lets your UIM insurer subtract, or take credit for, whatever the at-fault driver’s insurance already paid you. So your UIM payout is not simply the full policy limit stacked on top of what you already received. It depends on your coverage, what you already collected, and the facts of your case.

Why UM/UIM Coverage Can Matter in California

California’s high number of uninsured drivers is one big reason this coverage matters so much here.

In 2023, roughly one in seven drivers nationwide had no insurance, a rate of 15.4%. California’s rate was much higher, at 20.4%.

There’s a second risk, too: a driver might have insurance, but not enough of it for a serious injury.

Starting January 1, 2025, California raised its minimum insurance rules. Standard policies must now carry at least $30,000 for injury or death to one person, $60,000 for injury or death to more than one person in the same crash, and $15,000 for damage to property.

These new numbers are higher than before, but $30,000 can still fall short if a crash leads to surgery, a hospital stay, long-term care, a permanent injury, or missed income.

Uninsured and underinsured motorist coverage can be another way to get paid when the other driver’s insurance is missing or too small to cover your losses.

What May UM/UIM Bodily Injury Coverage Pay For?

Depending on your policy and the facts of your crash, UM/UIM bodily injury coverage may pay for costs tied to a covered injury claim.

This can include medical bills, future medical care, lost wages, a reduced ability to earn money, and pain and suffering. You still have to show that the other driver caused the crash and that your losses came from it.

Your UM/UIM claim is not automatically worth the full policy limit. Its value depends on the evidence, how serious your injuries are, the coverage available, any money already paid to you, and the wording of your policy.

Does UM/UIM Insurance Cover Vehicle Damage?

Bodily injury coverage and property damage coverage are two different things.

California drivers can buy uninsured motorist property damage coverage, called UMPD. According to the California Department of Insurance, UMPD can pay up to $3,500 to fix your car when an identified uninsured driver caused the damage. This usually applies if you do not already have collision coverage.

The uninsured driver usually needs to be identified for UMPD to pay out. That makes property damage coverage trickier after a hit-and-run, when the other driver is never found.

If you have collision coverage, you can use that instead to pay for repairs, though you will likely owe your deductible. Some policies also waive that deductible when an identified uninsured driver caused the crash.

Does UM Coverage Apply to Hit-and-Run Accidents?

Uninsured motorist bodily injury coverage may apply to some hit-and-run crashes, but California law sets specific rules for these claims.

Report the crash quickly, keep any evidence you can, and let your insurance company know as soon as you reasonably can. Whether coverage applies can depend on how the crash happened, whether there was physical contact between the cars, what evidence you have, and your policy’s specific wording.

Don’t assume every hit-and-run crash automatically qualifies for UM benefits. Each one needs to be looked at on its own facts.

Can Passengers Use UM/UIM Coverage?

UMBI coverage can protect more than just the person who bought the policy.

The California Department of Insurance states that uninsured motorist bodily injury coverage can pay for injuries to the policyholder and to people riding in the insured car when an uninsured driver causes the crash.

A passenger might also have coverage through a different policy, like one held by their own household. This depends on who counts as “insured,” which policies apply, any exclusions, and the facts of the crash.

When more than one policy might apply, it often takes a careful read of the actual policy language to sort out which coverage is available.

What Should You Do After an Accident With an Uninsured Driver?

Your safety and health come first. Call 911 if you need emergency help, and see a doctor if you’re hurt.

If you’re able, take photos of the vehicles, where they ended up, any visible injuries, traffic signs, the road, and the surrounding area. Get the other driver’s name, contact information, driver’s license, license plate, and insurance details. Write down contact information for any witnesses, and check whether nearby homes or businesses have security cameras.

If you’re unsure what to collect, how to word a statement to your insurer, or whether you should sign anything, a personal injury attorney can help you get this early stage right, before small missteps turn into bigger problems for your claim.

How Does a California UM/UIM Claim Work?

For an uninsured motorist claim, you may need to show that the other driver had no valid liability insurance and that they caused the crash.

For an underinsured motorist claim, you generally go after the at-fault driver’s insurance first. Under California law, UIM coverage does not kick in until you’ve used up the at-fault driver’s bodily injury liability coverage through a settlement or judgment, and you’ve shown proof of that payment to your UIM insurer.

After that, your UIM insurer can review what’s left of your damages and decide what more, if anything, they owe under your policy.

Disagreements can come up over who was at fault, whether the crash actually caused your medical issues, how serious your injuries are, what your claim is worth, or whether your policy even covers the situation. California UM/UIM disputes can sometimes go to arbitration, depending on the issue and the law that applies.

How Can a California Personal Injury Attorney Help?

UM/UIM claims can involve more than one insurance policy, dense policy language, medical evidence, and legal steps that aren’t always obvious.

A California personal injury attorney can review the insurance policies that might apply, look into the at-fault driver’s coverage, gather evidence, document your medical treatment and lost income, and deal directly with the insurance companies on your behalf.

An attorney can also help you figure out whether settling with the at-fault driver now could hurt a later UIM claim. If a dispute can’t be worked out, they can explain whether arbitration or another legal process is available to you. Learn more about how our personal injury team can help.

Speak With a Los Angeles Personal Injury Attorney

If an uninsured or underinsured driver hurt you in Los Angeles or anywhere in California, you may have questions about which insurance policy applies and how much coverage you actually have.

Cha Cha Cha Law helps people hurt in California car accidents understand their insurance claims and their options. Our team can look at your accident, the insurance coverage involved, your medical treatment, and any other evidence tied to your claim.

Consultations are available in English, Korean, and Spanish.

Call (213) 351-3513 or contact our office today for a free consultation.

Frequently Asked Questions About California UM/UIM Insurance

Is uninsured motorist coverage required in California?

No, California drivers are not required to buy uninsured motorist coverage. But any insurance company that sells you a car insurance policy has to offer uninsured and underinsured motorist coverage (UM/UIM coverage) first. If you choose not to buy it, you generally have to sign a written waiver that says the coverage was offered to you and you turned it down. Don’t assume you have UM/UIM coverage just because you carry car insurance. Check your declarations page to see if you bought it and what your limits are.

What is the difference between uninsured and underinsured motorist coverage in California?

Uninsured motorist coverage can apply when the at-fault driver has no liability insurance at all. Underinsured motorist coverage can apply when that driver has insurance, but the limits are lower than your own UM/UIM limits and aren’t enough to cover your injury claim. For a UIM claim in California, the at-fault driver’s insurance generally has to be used up first before UIM benefits become available.

How many California drivers are uninsured?

The Insurance Research Council estimated that 20.4% of California drivers had no insurance in 2023. That’s about one out of every five drivers, and it gave California the eighth-highest uninsured rate among the states and Washington, D.C. This number comes from comparing uninsured motorist claims to bodily injury claims, so think of it as a solid estimate rather than an exact count of every uninsured driver.

Will my insurance rates go up if I file a UM/UIM claim in California?

Filing a UM/UIM claim in California does not automatically cause your insurance rates to increase. Many drivers use this coverage after accidents they did not cause, and a premium increase is not guaranteed. The impact, if any, depends on the specific facts of the accident, your claims history, and your insurer’s rating practices.

Can I make a UM/UIM claim if I was a passenger?

Yes. In California, you may be able to make a UM/UIM claim even if you were a passenger. If the at-fault driver was uninsured, you may be covered under the UM policy for the vehicle you were riding in, your own auto insurance policy, or in some cases a qualifying family member’s policy. If the at-fault driver was underinsured, you may be eligible to pursue a UIM claim if your injuries and damages exceed the at-fault driver’s liability limits and the applicable policy requirements are met. The specific coverage available depends on the facts of the accident and the insurance policies involved.

Can I make a UM/UIM claim if I was walking or riding a bicycle?

Possibly. Some car insurance policies protect an insured person who gets hurt by an uninsured or underinsured driver while walking or riding a bike. Whether this applies depends on your policy’s specific wording and whether you count as an insured person under it, so the policy needs to be reviewed rather than assumed.

Does uninsured motorist coverage apply when the other driver leaves the scene?

Yes. In California, uninsured motorist (UM) coverage may apply if you are injured in a hit-and-run accident and the at-fault driver leaves the scene without being identified. In many cases, California law requires physical contact between the hit-and-run vehicle and your vehicle (or you, if you were a pedestrian or bicyclist) for uninsured motorist bodily injury coverage to apply. It may be also important to report the accident to law enforcement as soon as reasonably possible and preserve any available evidence, such as photos, witness information, dashcam footage, or surveillance video. Every hit-and-run case is different, so speaking with an experienced California personal injury attorney can help you understand your legal options and determine whether uninsured motorist coverage may be available based on the facts of your case.

How long does a California UM/UIM claim take?

There is no set timeline for an uninsured or underinsured motorist coverage claim in California. Every case is different, and the length of the process depends on several factors, including how quickly the insurance company confirms the at-fault driver’s coverage, whether liability is disputed, the severity of your injuries, and whether you have completed or substantially completed your medical treatment. In many cases, it is important to understand the full extent of your injuries before resolving a claim. Underinsured motorist (UIM) claims often take longer because the at-fault driver’s liability insurance must generally be exhausted before UIM benefits become available. An experienced California personal injury attorney can help move the process forward, communicate with the insurance companies, and protect your rights throughout your claim.

Do I need a Los Angeles personal injury attorney for a UM/UIM claim?

While you are not required to hire a lawyer to file an uninsured or underinsured motorist (UM/UIM) claim, having experienced legal representation can make a significant difference in many cases. An experienced Los Angeles personal injury attorney can help if you suffered serious injuries, liability is disputed, multiple insurance policies may apply, your insurance company questions your medical treatment, or the settlement offer does not fully compensate you for your losses. At our firm, we review your insurance policy, gather and preserve evidence, communicate with the insurance companies on your behalf, accurately calculate your damages, and protect your rights throughout the claims process. Our goal is to help you pursue the maximum compensation available under California law.