Uninsured & Underinsured Motorist Accident Lawyer
Recovering Compensation When the At-Fault Driver Can't
Hit by a Driver Who Can't Pay? You Still Have Options.
If you were injured by an uninsured, underinsured, or hit-and-run driver in California, your own uninsured/underinsured motorist (UM/UIM) coverage may pay for your medical bills, lost wages, and pain and suffering. These claims are filed against your own insurance company — and that company has every incentive to pay you as little as possible.
With over $1 billion recovered and more than 30 years of experience, Frank Penney Injury Law knows how to force insurers to honor the coverage you paid for — through negotiation or, when necessary, arbitration.
Uninsured vs. Underinsured Motorist Coverage
Both come from your own auto policy and exist for one reason: to protect you when the at-fault driver can't.
Uninsured Motorist (UM)
UM coverage applies when the at-fault driver has no insurance at all, or when a hit-and-run driver flees and is never identified. It steps into the shoes of the missing insurance and pays for your injuries. With an estimated 1 in 6 California drivers uninsured, this coverage is far from rare.
Underinsured Motorist (UIM)
UIM coverage applies when the at-fault driver has insurance, but not enough to cover your losses. In California, your UIM coverage pays the difference between the at-fault driver's liability limit and your own UIM limit — so it only helps if your UIM limit is higher than their coverage.
When an UM/UIM Claim Protects You
If any of these happened to you, you may have a claim under your own policy — even if the other driver was 100% at fault.
The Driver Had No Insurance
The at-fault driver was completely uninsured, or their policy had lapsed at the time of the crash.
Hit-and-Run
A driver struck you and fled. California UM claims generally require physical contact and corroborating evidence — act fast to preserve it.
Their Limits Were Too Low
A serious injury easily exceeds California's 30/60/15 minimum limits. UIM coverage can bridge the gap to your own policy limit.
California Uninsured Motorist Law: What You Need to Know
UM/UIM claims follow their own rules under California Insurance Code § 11580.2. The details decide whether you recover.
Coverage Must Be Offered
Under Insurance Code § 11580.2, insurers must offer UM/UIM coverage with every California auto policy. You can only reject it in writing. If you never signed a waiver, you almost certainly have this coverage — check your declarations page or let us review it.
The Hit-and-Run "Contact" Rule
For a hit-and-run UM claim, California generally requires actual physical contact between the phantom vehicle and you or your car, plus evidence corroborating your account. A prompt police report and witness information can make or break the claim.
Strict Deadlines & Arbitration
UM/UIM disputes are typically resolved by arbitration, not a regular lawsuit, and the deadline to demand it can be shorter and stricter than the usual two-year limit. Notify your insurer and speak with an attorney quickly to protect your rights.
An uninsured-driver crash is still a car accident at its core — see our car accident page, estimate your claim with the case value calculator, or read the latest California accident news. We serve clients in Sacramento, Roseville, Oakland, and across Northern California.
Why Choose Frank Penney Injury Law
A UM/UIM claim pits you against your own insurer. You need a firm that insurers take seriously.
We Know the Coverage Tricks
Insurers dispute fault, downplay injuries, and misread their own policies. We hold them to the coverage you paid for and to their duty of good faith.
Ready for Arbitration
Because UM/UIM claims often go to arbitration, we prepare every case as if it will be decided there — which is exactly why insurers settle fairly.
No Upfront Costs
We work on a contingency fee. You pay nothing unless we recover compensation for you, and the initial consultation is always free.
Uninsured Motorist Claim FAQs
What is the difference between uninsured and underinsured motorist coverage?
Uninsured motorist (UM) coverage pays when the at-fault driver has no insurance or flees the scene in a hit-and-run. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their liability limits are too low to cover your full damages. Both come from your own auto policy.
Does California require uninsured motorist coverage?
California does not require you to carry UM/UIM coverage, but under Insurance Code § 11580.2 insurers must offer it, and you can only decline it in writing. If you never signed a waiver, you likely have this coverage even if you don't realize it.
Can I file an uninsured motorist claim for a hit-and-run in California?
Yes, but California law generally requires actual physical contact between the hit-and-run vehicle and you or your car, and the facts must be corroborated by evidence beyond your own statement. Reporting the crash to police promptly and preserving evidence is critical to a hit-and-run UM claim.
Why would my own insurance company fight my uninsured motorist claim?
Even though you pay the premiums, a UM/UIM claim is a claim against your own insurer — and they have a financial incentive to minimize the payout. They may dispute fault, the severity of your injuries, or your coverage. An attorney levels the playing field and, if needed, takes the dispute to arbitration.