Hit by an Uninsured Driver in California: How UM Claims Work
LAST REVIEWED JULY 4, 2026 · CALIFORNIA
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Direct answer
What happens if I'm hit by an uninsured driver in California?
If you are hit by an uninsured driver in California, your own uninsured-motorist (UM) coverage — if your policy includes it — typically steps in to pay the injury claim the at-fault driver's insurance should have paid. Underinsured-motorist (UIM) coverage works similarly when the at-fault driver's policy is too small for the injuries. The claim is made to your own insurer, but it is evaluated and negotiated like any injury claim, so documentation and careful statements still decide what it is worth.
California requires drivers to carry insurance; a meaningful number drive without it anyway, and many more carry the legal minimum, which serious injuries exhaust quickly. UM and UIM coverage exist for exactly this gap — and claims under them have their own etiquette worth knowing before you call.
UM and UIM, in one breath each
Uninsured-motorist coverage answers when the at-fault driver has no insurance at all (hit-and-run drivers usually count too). Underinsured-motorist coverage answers when the at-fault driver has insurance, but not enough — your UIM can cover the difference up to your own policy's limits, after the at-fault policy pays what it has.
Both coverages follow your policy's terms: notice requirements, cooperation duties, and sometimes arbitration provisions for disputes. Reading those terms against your facts is early, valuable attorney work.
Your own insurer — friendly brand, adversarial claim
A UM/UIM claim puts you in negotiation with your own insurer, and the negotiation is real: the insurer evaluates fault, injuries, and value just as an opposing insurer would. Report promptly and cooperate as the policy requires — but treat valuation discussions with the same care you would give the other side, including caution before recorded statements about your injuries.
One trap specific to UIM: settling with the at-fault driver's insurer without your own insurer's consent can jeopardize UIM coverage under many policies. Get advice before signing any release when a UIM claim may follow.
Why these claims particularly reward representation
UM/UIM claims stack policy interpretation on top of an ordinary injury claim — consent requirements, offsets, arbitration clauses. An attorney sequences the claims correctly, protects the UIM layer while the first policy pays, and negotiates value from your records. On contingency, that help costs nothing up front.
Common questions
Can I sue an uninsured driver directly?
You can, but collecting is the problem — a driver who could not afford insurance rarely has assets to pay a judgment. UM coverage exists because suing the uninsured is usually impractical. An attorney can assess whether the driver has anything reachable, and in most cases the UM path is the real one.
Do I have UM coverage? I don't remember choosing it.
Check your declarations page — in California, insurers must offer UM/UIM coverage, and declining it requires a signed waiver, so many policyholders carry it without recalling the choice. If the paperwork is confusing, an attorney or your agent can read the declarations with you.
Will using my UM coverage raise my premiums?
California law generally protects not-at-fault claimants from rate penalties for UM claims. Practices vary at the margins, and asking your insurer directly is fair. As with hit-and-run claims, coverage you paid premiums for is there to be used when you are injured through someone else's fault.