Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm handles uninsured and underinsured motorist claims for accident victims throughout Fresno and Fresno County. In 2023 (the most recent year for which data is currently available), Fresno County recorded 384 hit-and-run crash victims, ranking 46th out of 58 California counties. The City of Fresno recorded 168 hit-and-run crash victims, ranking 14th among the state's 15 largest cities. Fresno County's DUI arrest total of 4,167 — and the city's ranking of 15th, or last, with 1,516 DUI arrests among the state's largest cities — reflects a population of drivers at elevated risk of operating a vehicle without adequate insurance. These figures are drawn from the California Office of Traffic Safety 2023 Annual Report. Uninsured motorist coverage is the primary protection available when a hit-and-run driver cannot be identified or when the at-fault driver carries no liability insurance or insufficient limits.

California's Uninsured Motorist Coverage Requirements

California Insurance Code section 11580.2 requires every automobile liability insurance policy issued in California to include uninsured motorist coverage unless the named insured rejects it in writing. UM coverage protects the policyholder and household residents when injured by a driver who has no liability insurance. Underinsured motorist coverage — often referred to as UIM coverage — applies when the at-fault driver carries liability insurance, but the policy limits are insufficient to cover the full extent of the victim's damages.

The minimum UM/UIM coverage required in California matches the state's minimum liability limits: $15,000 per person and $30,000 per occurrence under Insurance Code section 11580.1. Policyholders can and should purchase higher limits. When the at-fault driver is uninsured and the victim carries $100,000 in UM coverage, the UM policy becomes the primary recovery vehicle for the victim's damages.

How Uninsured Motorist Claims Work

A UM/UIM claim is made against the victim's own insurance company, not the at-fault driver. The insurer steps into the shoes of the uninsured driver and defends the claim as if it were the at-fault driver's insurer. This means the victim must prove that the uninsured driver was at fault and prove the extent of damages — just as in a standard third-party claim. The victim's own insurer may dispute fault, dispute causation of injuries, and dispute the value of damages.

If the UM claim cannot be resolved informally, California Insurance Code section 11580.2 provides for arbitration of uninsured motorist claims. UM arbitration in California is binding on the question of fault and damages. The arbitration is conducted under the procedures specified in the insurance policy and applicable California law. Many UM policies contain provisions requiring arbitration before a single neutral arbitrator.

For underinsured motorist claims, the process differs slightly. The victim must first exhaust the at-fault driver's liability limits — either by accepting a settlement or obtaining a judgment — before making a UIM claim against their own policy. The UIM coverage then pays the gap between the at-fault driver's policy limits and the victim's actual damages, up to the UIM policy limits. Miranda v. 21st Century Insurance Co. (2004) 117 Cal.App.4th 913, 923 sets out the relevant principles governing UIM coverage obligations in California.

Hit-and-Run Claims

Where the at-fault driver fled the scene and cannot be identified, the victim may make a UM claim under the hit-and-run provisions of Insurance Code section 11580.2. California law requires that there be independent corroboration of the hit-and-run contact — the victim's own testimony is generally insufficient to establish that an unidentified vehicle actually made contact. Corroborating evidence can include witness testimony, damage patterns consistent with a vehicle impact, surveillance video, or police reports documenting physical evidence at the scene. The corroboration requirement is a defense insurers raise frequently in hit-and-run UM claims.

Insurance Bad Faith

An insurer owes its own insured a duty of good faith and fair dealing. Where an insurer unreasonably delays or denies a valid UM/UIM claim, the insured may have a claim for breach of the implied covenant of good faith and fair dealing — commonly called insurance bad faith. California courts have held that an insurer who fails to promptly investigate a claim, imposes unreasonable documentation demands, makes low-ball settlement offers without a reasonable basis, or fails to meet statutory response deadlines may face liability beyond the policy limits, including consequential damages and potentially punitive damages. Gruenberg v. Aetna Insurance Co. (1973) 9 Cal.3d 566.

Damages

Recoverable damages in a UM/UIM claim are the same as in a direct negligence claim against the at-fault driver: medical expenses incurred and future care, lost wages and earning capacity, pain and suffering, and emotional distress. Recovery is capped at the available policy limits unless a bad faith claim provides an avenue for additional recovery.

Filing a Lawsuit in Fresno County Superior Court

Where a UM/UIM dispute cannot be resolved through arbitration or negotiation, litigation may be filed in the Fresno County Superior Court, B.F. Sisk Courthouse, 1130 O Street, Fresno, CA 93721.

Statute of Limitations

UM/UIM claims are subject to time limitations under the policy terms and applicable California law. The statute of limitations for claims under an insurance contract is generally four years under Code of Civil Procedure section 337, though policy-specific provisions may impose shorter contractual deadlines. The time limits for UM/UIM claims require individual analysis. Contact Attorney Michael Rehm to assess the specific timeline in your case.

Related Pages

• Fresno Personal Injury Attorney
• Fresno Car Accident Attorney
• Fresno Motorcycle Accident Attorney
• Fresno Pedestrian Accident Attorney
• Fresno Bicycle Accident Attorney

Attorney Michael Rehm handles uninsured and underinsured motorist claims throughout Fresno and Fresno County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.