California Uninsured & Underinsured Motorist Claim Attorney

California requires auto insurers to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage; insureds may reject in writing. UM applies when the at-fault driver has no liability insurance (or is unidentified — hit-and-run). UIM applies when the at-fault driver has liability insurance but the limits are insufficient to fairly compensate your injuries. UM/UIM coverage operates as first-party insurance — your own carrier pays — but the relationship is functionally adversarial because the carrier evaluates the claim against its own balance sheet.

Governed by Cal. Ins. Code §§ 11580.2 (commercial UM) and 11580.26 (passenger UM). Key features:

• Limits: UM/UIM limits are typically equal to your liability limits unless you separately reduced them in writing.
• Offset: UIM coverage typically pays the difference between the at-fault driver's available limits and your UIM limits — not the full UIM limits in addition.
• Demand and arbitration: California UM/UIM disputes are typically resolved through binding arbitration if the carrier and insured cannot agree. The arbitration clause is built into the policy.
• Statute of limitations: UM/UIM claims must typically be filed (or arbitration demanded) within two years of the accident (Cal. Ins. Code § 11580.2(i))

• Hit-and-run accidents
• At-fault driver has no insurance (~13–15% of California drivers)
• At-fault driver has only minimum-limits coverage ($15K/$30K) but caused catastrophic injuries
• Cycling and pedestrian accidents where the cyclist/pedestrian's own auto policy provides UM/UIM
• Passenger injury claims where the passenger's own UM/UIM applies
• Multi-vehicle pile-ups with insufficient at-fault-driver coverage

California recognizes a bad-faith tort against insurance carriers that unreasonably delay or deny first-party claims (Brandt v. Superior Court, 37 Cal.3d 813; Egan v. Mutual of Omaha, 24 Cal.3d 809). Insurers owe their insureds a duty of good faith and fair dealing — a higher duty than they owe to third-party claimants. When a UM/UIM carrier stonewalls, lowballs, or fails to investigate, bad-faith damages may include the original UM/UIM benefits, attorney's fees (Brandt fees), emotional distress, and punitive damages.

We pursue UM/UIM claims through demand, settlement negotiation, and (where necessary) binding arbitration. We document bad-faith conduct throughout. Where the carrier's behavior crosses the line, we evaluate whether to file a separate civil bad-faith action — which can multiply the recovery significantly.