San Francisco Uninsured Motorist Accident Lawyers

You did everything right. You carried insurance, followed the rules of the road, and then another driver caused a serious accident, only for you to discover that the driver had no insurance or not enough insurance to compensate you for your injuries.

That does not necessarily mean you are out of options.

The San Francisco uninsured motorist accident lawyers at The Hassell Law Group help people recover compensation when the at-fault driver’s insurance is missing, inadequate, or unavailable.

Our attorneys have more than 90 years of combined personal injury experience and extensive experience handling uninsured motorist (UM), underinsured motorist (UIM), insurance-coverage, and UM/UIM arbitration matters.

These claims can become surprisingly adversarial because you may ultimately be seeking compensation from your own insurance company.

The Hassell Law Group knows how to investigate the accident, establish the other driver’s liability, document the full value of your injuries, analyze all available coverage, negotiate aggressively with insurers, and pursue arbitration when necessary.

Contact us today for a free consultation.

There is no attorney’s fee unless we recover compensation for you.

Our Uninsured Motorist and Insurance Coverage Case Results

The Hassell Law Group has successfully handled claims involving uninsured drivers and disputed insurance coverage.

$1,125,000 settlement – Disputed insurance coverage

In an insurance-coverage case, The Hassell Law Group secured a $1,125,000 settlement for a client after an insurance company disputed coverage and initially refused to extend any coverage at all to the client.

$300,000 settlement – Family injured by an uninsured driver

The Hassell Law Group obtained a $300,000 settlement for a family injured when an uninsured negligent driver caused a collision with the family’s vehicle.

These are different types of insurance cases, but both demonstrate an important point: identifying available insurance is only the beginning. Insurers can dispute coverage, liability, injuries, damages, and the amount they are required to pay. We will seek to recover full compensation for your injuries.

You can review our firm’s additional case results here.

Why Choose The Hassell Law Group for an Uninsured Motorist Claim?

Many people assume their own insurance company will automatically treat them fairly. That is often not the case.

Unfortunately, a UM or UIM claim can become just as contested as a claim against another driver’s insurance carrier.

Your insurer may challenge:

• Who caused the collision
• Whether the other driver was actually uninsured
• Whether UIM coverage applies
• Whether you qualify as an insured under the policy
• Whether the accident caused all of your injuries
• Whether medical treatment was reasonable and necessary
• Future medical expenses
• Lost wages and earning capacity
• The value of pain and suffering
• Policy limits
• Coverage exclusions
• Compliance with claim requirements

What The Hassell Law Group brings to every case we handle:

• More than 90 years of combined personal injury experience
• Extensive UM and UIM claim experience
• An undefeated trial and arbitration record
• A solid track record of multi-million-dollar motor vehicle accident and insurance-coverage case results
• Thorough accident investigation
• Detailed policy and coverage analysis
• Aggressive claim negotiation
• Direct attorney involvement
• Free consultations
• No attorney’s fee unless we recover compensation

We prepare serious uninsured motorist claims with the evidence necessary to prove both what the negligent driver did and what the accident has cost you.

What Is Uninsured Motorist Coverage in California?

Uninsured motorist coverage protects qualifying insured people when they are injured by an at-fault motorist who does not have applicable bodily injury liability insurance.

California’s primary uninsured motorist statute is Insurance Code § 11580.2.

California automobile insurers generally must provide uninsured motorist bodily injury coverage with an auto bodily injury liability policy unless the named insured rejects the coverage or agrees to reduced coverage in writing.

The California Department of Insurance’s Automobile Insurance Guide explains that UM/UIM coverage protects against drivers who have either no liability insurance or insufficient liability insurance.

UM coverage can be one of the most valuable protections you purchase because it protects you and other qualifying insured people, rather than primarily protecting someone you might injure.

When Can You Make an Uninsured Motorist Claim?

UM coverage can potentially apply in several different situations.

The At-Fault Driver Has No Insurance

This is the classic uninsured motorist claim.

If another driver caused the collision but had no valid bodily injury liability insurance, your UM bodily injury coverage may become an important source of compensation.

The Other Driver’s Insurance Company Denies Coverage

California’s uninsured motorist statute also includes situations where liability insurance appears to exist but the carrier denies coverage or refuses to admit coverage except conditionally or under a reservation of rights.

This is an important reason not to assume that a driver is adequately insured simply because they produced an insurance card at the accident scene.

The Driver Flees and Cannot Be Identified

Certain qualifying hit-and-run accidents can fall within California’s uninsured motorist protections.

Unknown-driver cases have additional legal requirements, including physical-contact and early reporting requirements, discussed below.

What Is Underinsured Motorist Coverage?

Underinsured motorist coverage addresses a different problem.

The other driver has insurance – but not enough of it.

This is particularly important after accidents with serious injuries because California’s minimum required liability limits can be exhausted quickly by an emergency-room visit, hospitalization, surgery, lost earnings, and long-term treatment.

The California Department of Insurance explains the difference between uninsured and underinsured motorist protection.

A basic example:

Suppose the negligent driver has $30,000 in bodily injury liability insurance.

You have $100,000 in UM/UIM coverage.

Your injuries are worth significantly more than $30,000.

After the at-fault driver’s available bodily injury limits are exhausted, your own underinsured motorist coverage may kick in and potentially provide additional compensation.

But UIM coverage does not simply add your entire policy limit on top of what the negligent driver’s insurer already paid.

How California Underinsured Motorist Coverage Actually Works

This is one of the most misunderstood parts of automobile insurance.

Under California Insurance Code § 11580.2, an underinsured motor vehicle generally means the negligent driver’s applicable bodily injury insurance coverage limits are lower than the UM/UIM coverage limits carried by the injured party who is making a claim against the negligent driver’s insurance policy.

The Other Driver’s Liability Limits Generally Must Be Exhausted First

California law provides that UIM bodily injury coverage generally does not apply until the applicable bodily injury liability limits for the responsible insured vehicles have been exhausted through settlements or judgments and proof of payment has been submitted to the UIM carrier.

This makes settlement strategy important.

UIM Usually Fills the Gap Up to Your Own Limit

Suppose:

• Your damages are $250,000
• The at-fault driver’s bodily injury limit is $30,000
• Your UIM limit is $100,000

If the legal and coverage requirements are satisfied, your UIM carrier’s potential maximum exposure would generally be $70,000, because the $30,000 paid by the negligent driver’s insurer acts as a credit against your $100,000 UIM limit.

Your total insurance recovery in that example could therefore reach $100,000 – not $130,000.

The precise result depends on the insurance policy, liability, damages, payments, and other applicable coverage.

For more information about claims that exceed the responsible driver’s policy limits, see our guide: Car Accident Claims: What If They Exceed Insurance Limits?.

California’s Current Minimum Auto Insurance Limits

California increased its standard minimum automobile liability limits for policies issued or renewed beginning January 1, 2025.

The current state minimum coverage limits are:

• $30,000 bodily injury or death per person
• $60,000 bodily injury or death per accident
• $15,000 property damage per accident

The California Department of Insurance confirms the current 30/60/15 minimum limits required by law, and California Vehicle Code § 16056 establishes the statutory requirements.

Even these new higher minimum policy limits may be completely inadequate after a serious accident.

A single surgery can produce damages well beyond $30,000.

That is why underinsured motorist coverage can become so important.

Who Is Covered by Uninsured Motorist Insurance?

Do not assume UM protection applies only while you are driving the vehicle listed on your insurance card.

California’s uninsured motorist statute defines insured persons more broadly in certain circumstances.

Depending on the policy and facts, coverage may potentially apply to:

• The named insured
• The named insured’s spouse
• Certain relatives residing in the same household
• Occupants or passengers of an insured vehicle
• Other qualifying people covered by the policy

For certain insured people, UM protection can potentially apply even when they are not occupying the insured automobile.

That means coverage may sometimes become important when an insured person is struck by an uninsured motorist while:

• Walking
• Riding a bicycle
• Riding a motorcycle
• Using another qualifying mode of transportation

The details matter. Coverage should be reviewed by your lawyer from the actual policy and California law rather than by assumptions.

Hit-and-Run Accidents and Uninsured Motorist Coverage

Hit-and-run cases are one of the most important applications of UM coverage.

When the responsible driver remains unidentified, California Insurance Code §11580.2 imposes special requirements.

Physical Contact Generally Must Occur

For purposes of an unknown-driver UM claim, the statute generally requires physical contact between the unidentified vehicle and the insured person or the automobile the insured was occupying.

A “phantom vehicle” that causes someone to swerve and crash without making contact can therefore create a problematic coverage issue.

Report the Accident to Police Within 24 Hours

The statute generally requires an unknown-driver hit-and-run accident to be reported to the appropriate law-enforcement agency within 24 hours.

Sworn Statement to the Insurer Within 30 Days

California law also contains a 30-day requirement for providing the insurer with the required sworn statement when the responsible person’s identity cannot be determined.

Because these deadlines can arrive almost immediately, hit-and-run victims should act quickly, and speak with a lawyer.

Our San Francisco hit-and-run accident lawyers address these requirements in greater detail.

Uninsured Motorist Bodily Injury vs. Property Damage

These coverages should not be confused.

Uninsured Motorist Bodily Injury: UMBI

UMBI can compensate for qualifying bodily injuries caused by an uninsured at-fault driver.

Depending on the case, recoverable bodily injury damages may include:

• Medical expenses
• Future medical treatment
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Emotional distress
• Permanent disability
• Loss of enjoyment of life

Uninsured Motorist Property Damage: UMPD

California treats property damage separately.

The California Department of Insurance currently explains that UMPD:

• Pays for qualifying vehicle damage caused by an uninsured at-fault driver
• Has a $3,500 limit
• Requires the uninsured driver to be identified

If the driver remains unknown after a hit-and-run, collision coverage may instead become important to cover the vehicle damage, depending on the policy.

Your Own Insurance Company May Still Fight the Claim

The fact that you paid premiums to the insurance company does not eliminate disputes.

In a UM/UIM claim, your own insurer may still investigate and challenge:

Liability

The insurer may argue that you caused or partially caused the accident.

Causation

It may contend that some or all of your medical conditions existed before the crash.

Treatment

The carrier may challenge the necessity, duration, or cost of medical care.

Future Damages

Insurers may dispute whether you need future surgery, therapy, medical care, or accommodations.

Lost Earnings

The company may demand documentation supporting wage loss or diminished earning capacity.

Pain, Suffering, and Emotional Distress

Non-economic damages frequently become a major point of disagreement.

Coverage

The insurer may argue that:

• You are not an insured
• The vehicle is excluded
• The policy does not provide the claimed limits
• A waiver or reduction applies
• Another policy is primary
• UIM has not yet been triggered
• Policy or statutory requirements were not satisfied

That is why an uninsured motorist claim should be treated as a serious insurance claim which is best to be handled by an experienced personal injury lawyer.

How Our San Francisco Uninsured Motorist Lawyers Build Strong Claims

Review Every Available Insurance Policy

We begin by determining what coverage actually exists.

This may include:

• Your automobile policy
• Policies covering household members
• Policies associated with the vehicle involved
• The negligent driver’s policy
• Commercial or employer policies where applicable
• Umbrella or excess coverage
• Other legally applicable insurance

Investigate Liability

You still must establish that the uninsured or underinsured driver was legally responsible for the accident and your injuries.

We may gather:

• Police reports
• Witness statements
• Photographs
• Surveillance video
• Dash-camera footage
• Vehicle damage evidence
• Electronic vehicle data
• Accident reconstruction evidence

Document Your Injuries

We develop medical evidence showing:

• Diagnosis
• Treatment
• Surgery
• Rehabilitation
• Permanent limitations
• Future medical needs
• Causation

Calculate the Full Value of Damages

We evaluate both your present and future losses and claim those.

Handle the Insurance Company

We manage all communications, document production, negotiations, and coverage issues with insurance so that our clients can concentrate on recovering from their injuries.

Prepare for Arbitration

When liability or a fair settlement amount cannot be resolved, California law provides an arbitration procedure for UM disputes.

Our trial and arbitration experience is particularly important when an insurer refuses to pay the reasonable value of a claim.

How Does Uninsured Motorist Arbitration Work in California?

UM cases are unusual because serious disputes may be resolved through arbitration rather than a traditional jury trial against your insurer.

California Insurance Code §11580.2 provides that when the insured and insurer cannot agree about whether the insured is legally entitled to recover damages from the uninsured motorist, or cannot agree on the amount of compensation, the dispute is determined by arbitration before a neutral arbitrator.

Arbitration may involve many of the same tools used in litigation, including:

• Depositions
• Written discovery
• Medical evidence
• Expert testimony
• Witness testimony
• Legal arguments
• Documentary evidence

An arbitration therefore should not be treated like an informal insurance meeting.

A serious UM arbitration, just like a trial, must be prepared for carefully.

The Hassell Law Group holds undefeated trial and arbitration record, which strongly benefits our clients.

Can You Stack Multiple UM/UIM Policies in California?

Generally, California law permits insurance policies to prevent “stacking” multiple UM/UIM limits simply because several vehicles or policies exist.

Insurance Code §11580.2 provides that applicable limits generally cannot simply be added together based on the number of vehicles, policies, insured people, claims, or premiums.

That does not mean multiple policies are irrelevant.

Determining which policy applies, whether coverage is primary or excess, and how different policies interact can still require detailed legal analysis.

We review all potentially applicable policies before determining the available coverage.

What Compensation Can You Recover Through UM/UIM?

Subject to coverage limits and the facts of the case, compensation for bodily injury may include:

Medical Expenses

• Ambulance care
• Emergency treatment
• Hospitalization
• Surgery
• Diagnostic testing
• Medication
• Physical therapy
• Rehabilitation
• Future medical care
• Long-term care

Lost Income

You may seek compensation for wages and other income lost during recovery.

Reduced Earning Capacity

A permanent injury can limit a person’s ability to return to the same occupation or earn the same income.

Pain and Suffering

Compensation may include:

• Physical pain and suffering
• Emotional distress
• Disability
• Loss of enjoyment of life
• Scarring
• Disfigurement
• Permanent impairment

Serious UM claims can involve traumatic brain injuries, spinal cord injuries, fractures, internal injuries, and other life-changing trauma.

What Should You Do After Being Hit by an Uninsured Driver?

1. Call The Police- Get a Traffic Collision Report

Get the collision documented.

A police report can become particularly important if the driver’s insurance status, identity, or fault is later disputed.

2. Exchange Information with the other driver

Obtain:

• Driver’s name
• Address
• Phone number
• License information
• License plate number
• Vehicle information
• Insurance information

Do not simply accept the driver’s statement that they “don’t have insurance.”

Coverage must be verified.

3. Photograph the Accident Scene

Document:

• Vehicles
• Damage
• License plates
• Vehicle positions
• Roadway
• Traffic signals
• Skid marks
• Debris
• Visible injuries

4. Get Witness Information

Independent witnesses can become important if your own insurer later disputes liability.

5. Seek Medical Treatment

Prompt care protects your health and creates contemporaneous documentation of your injuries.

6. Notify Your Insurance Company

Your policy typically requires prompt notice of an accident.

However, your obligation to report the claim does not mean you should casually provide lengthy recorded statements before understanding your rights. Speak with a lawyer before speaking with any insurance company, even your own.

7. Review Your Insurance Coverage

Find your declarations page and full policy.

Look for:

• UMBI
• UIM
• UMPD
• Collision
• Collision deductible waiver
• Medical payments coverage
• Umbrella coverage

8. Contact an Experienced UM/UIM Lawyer

Serious injury claims should be handled by a skilled personal injury lawyer so you don’t just accept an insurer’s interpretation of your coverage or opinion of the value of your claim.

For additional practical guidance, see What Happens When You Are Hit by an Uninsured Driver?.

Important Deadlines for California Uninsured Motorist Claims

UM/UIM cases can involve different deadlines from an ordinary third-party car accident lawsuit.

Special Two-Year Requirement for Uninsured Motorist Claims

California Insurance Code §11580.2 provides that a cause of action under qualifying uninsured motorist coverage generally does not accrue unless, within two years of the accident, one of specified actions occurs.

Those actions include:

• Filing a bodily injury lawsuit against the uninsured motorist;
• Reaching an agreement concerning the amount due under the policy; or
• Formally instituting arbitration in the manner required by the statute.

Because the precise requirements matter, do not assume that merely notifying your insurer protects every deadline.

Hit-and-Run Deadlines Can Be Much Shorter

Unknown-driver cases can require:

• Make police report within 24 hours
• A sworn insurer statement within 30 days

DMV Reporting

California generally requires an SR-1 accident report to the DMV within 10 days when someone is injured or killed or qualifying property damage occurs.

Policy provisions and the particular facts can create additional timing issues.

The safest approach is to obtain a lawyer to address a serious UM/UIM claim promptly.

Uninsured Motorist Claims Involving Pedestrians, Bicyclists, and Motorcyclists

UM protection is not always limited to someone sitting inside an insured automobile.

Depending on who qualifies as an insured under the policy and California law, UM coverage may potentially become relevant when someone is struck by an uninsured motorist while:

• Walking
• Riding a bicycle
• Riding a motorcycle
• Riding a scooter

These situations are highly fact-specific, but the potential coverage should not be overlooked.

HLG represents vulnerable road users through our:

• San Francisco Pedestrian Accident Lawyers
• San Francisco Bicycle Accident Lawyers
• San Francisco Motorcycle Accident Lawyers
• San Francisco Scooter Accident Lawyers

Frequently Asked Questions About California Uninsured Motorist Claims

Is uninsured motorist coverage required in California?

California insurers generally must include or offer UM bodily injury coverage with automobile bodily injury liability policies, but the named insured can reject or reduce that coverage through the written procedures permitted by California law.

Check your policy rather than assuming you do or do not have coverage.

What is the difference between UM and UIM?

UM applies when the responsible motorist has no applicable bodily injury liability insurance.

UIM may apply when the responsible driver has insurance, but their bodily injury limits are lower than the applicable UM/UIM limits protecting the injured insured.

What if the other driver’s insurance is only $30,000?

If your injuries are worth more and you carry higher UIM limits, underinsured motorist coverage may potentially become available after the responsible driver’s applicable bodily injury limits are exhausted.

Does my UIM policy stack on top of the other driver’s policy?

Generally, not dollar-for-dollar.

California’s UIM statute generally gives the insurer credit for payments made by legally responsible parties.

For example, $100,000 of UIM coverage with a $30,000 liability payment generally leaves a potential UIM exposure of up to $70,000 – not an additional $100,000.

Can I recover pain and suffering through UM/UIM?

Potentially, yes.

UM bodily injury coverage generally addresses the bodily injury damages that an insured is legally entitled to recover from the uninsured motorist, subject to the policy, coverage limits, comparative fault, and other applicable rules.

What if my own insurance company says I caused the crash?

Fault can still be disputed in a UM claim.

Our attorneys investigate the collision just as we would in a traditional car accident claim.

What if the other driver lied about having insurance?

Do not rely solely on what the driver said at the scene.

Insurance coverage can be investigated and verified. If no valid liability coverage existed, a UM claim may become appropriate.

Can my insurance company require arbitration?

California’s uninsured motorist statute provides for arbitration when the insurer and insured cannot agree about legal entitlement to damages or the amount of those damages.

Can I sue the uninsured driver personally?

Yes.

However, whether that is economically worthwhile depends in part on the driver’s assets, income, other insurance, and circumstances.

We evaluate potential options and inform the client.

What happens if the negligent driver has some insurance but my injuries exceed the limits?

That is the classic situation where underinsured motorist coverage may become important.

Does UM coverage apply to hit-and-run accidents?

It can, provided the statutory and policy requirements are met.

Unknown-driver claims have special rules, including physical contact and early reporting requirements. See our San Francisco Hit-and-Run Accident Lawyers page.

How much is my uninsured motorist claim worth?

Value depends on factors such as:

• Liability
• Comparative fault
• Severity of injury
• Medical expenses
• Future treatment
• Lost earnings
• Permanent impairment
• Pain and suffering
• Available UM/UIM limits
• Payments from other responsible parties
• Other applicable coverage

How much does it cost to hire The Hassell Law Group?

We handle uninsured and underinsured motorist injury cases on a contingency-fee basis. This is similar to commission. We are paid a percentage of what we recover.

There is no attorney’s fee unless we recover compensation for you.

Related Practice Areas and Resources

• San Francisco Car Accident Lawyers
• San Francisco Hit-and-Run Accident Lawyers
• San Francisco Pedestrian Accident Lawyers
• San Francisco Bicycle Accident Lawyers
• San Francisco Motorcycle Accident Lawyers
• San Francisco Scooter Accident Lawyers
• What Happens When You Are Hit by an Uninsured Driver?
• Car Accident Claims: What If They Exceed Insurance Limits?

Contact Our San Francisco Uninsured Motorist Accident Lawyers

Finding out that the driver who injured you has no insurance—or not enough insurance—is frustrating, but it does not necessarily end your claim.

The San Francisco uninsured motorist accident lawyers at The Hassell Law Group will investigate the collision, determine what insurance coverage is available, develop the medical and damages evidence, protect important deadlines, negotiate aggressively with the insurance carrier, and prepare the case for arbitration when necessary.

Our San Francisco car accident lawyers have extensive experience handling serious motor vehicle claims involving complex insurance issues.

Contact The Hassell Law Group today at (415) 334-4111 for a free consultation.

There is no fee unless we recover compensation for you.

The general information provided on this website should not be considered legal advice, and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.