Attorney Michael Rehm — (800) 978-0754

Oakland ranked first out of 15 comparable California cities for hit-and-run crashes in 2023 — 499 fatal and injury crashes where a driver fled the scene. California Office of Traffic Safety, Crash Rankings 2023. Statewide, approximately 17% of California drivers carry no auto insurance at all. California Department of Insurance, Low-Cost Automobile Insurance Program 2024 Legislative Report. Those two facts together define the uninsured motorist problem in Oakland: a city where drivers flee at the highest rate in its peer group, and where a meaningful percentage of the drivers who remain are uninsured.

Attorney Michael Rehm handles uninsured and underinsured motorist claims throughout Oakland and Alameda County.

What Uninsured Motorist Coverage Is and How It Works

Uninsured motorist (UM) coverage is a provision in the injured person's own auto insurance policy that pays compensation when the at-fault driver has no insurance, cannot be identified (hit-and-run), or when the at-fault driver's liability policy limits are insufficient to cover the damages. Insurance Code § 11580.2 governs UM coverage requirements in California. Every auto insurance policy issued in California must offer UM coverage; the insured may reject it in writing, but the rejection must be affirmative and documented.

Underinsured motorist (UIM) coverage applies when the at-fault driver has liability insurance, but that coverage is insufficient to fully compensate the injured person's damages. As of January 1, 2025, California's minimum liability insurance requirements are $30,000 per person / $60,000 per accident / $15,000 property damage. Vehicle Code § 16056(a)(2). For a seriously injured person, those minimums are often inadequate. UIM coverage bridges the gap between the at-fault driver's liability limits and the injured person's actual damages, up to the UIM policy limits.

UM and UIM coverage limits are set by the policyholder at the time of purchase. The minimum UM/UIM limits available in California match the minimum liability limits — $30,000/$60,000 — but higher limits are available and commonly purchased. The insured's own UM/UIM limits determine the maximum available recovery from their own insurer, not the severity of their injuries.

Hit-and-Run Claims Under UM Coverage

A hit-and-run driver who cannot be identified is treated as an uninsured motorist under Insurance Code § 11580.2. The injured person's UM coverage applies. However, most standard California auto policies impose an additional requirement for hit-and-run claims: either physical contact between the unidentified vehicle and the insured's vehicle, or a corroborating witness to the crash who is not a relative of the insured. This physical contact or corroboration requirement is not a statutory mandate — it is a standard policy term — and individual policy language controls. Review of the specific policy is required to determine exactly what the insurer can demand before paying a hit-and-run UM claim.

The physical contact requirement makes prompt evidence preservation critical in hit-and-run cases. Surveillance camera footage from nearby businesses, BART station cameras, OPD cameras, and traffic cameras may capture the at-fault vehicle. AC Transit buses equipped with external cameras may have recorded the crash. That footage typically overwrites within 24 to 72 hours. If no footage is available, witness identification and prompt police reporting are essential.

The UM/UIM Claim Process and the Duty of Good Faith

A UM or UIM claim is made against the injured person's own insurer, not against the at-fault driver's insurer. The injured person's insurer steps into the shoes of the at-fault driver and handles the claim. That insurer owes its own policyholder a duty of good faith and fair dealing under California law. Gruenberg v. Aetna Insurance Co. (1973) 9 Cal.3d 566. A bad faith refusal to pay a valid UM or UIM claim — unreasonable delays, lowball settlement offers unsupported by investigation, failure to conduct a reasonable investigation — can expose the insurer to tort damages beyond the policy limits, including emotional distress damages and potentially punitive damages.

UM and UIM disputes in California are typically resolved through arbitration under the arbitration clause in the policy, not through a lawsuit against the insurer. The arbitration is before a neutral arbitrator or panel and applies California substantive law. The arbitrator's decision on liability and damages establishes what the insurer must pay under the policy. A bad faith claim — which seeks damages beyond the policy limits for the insurer's misconduct — is a separate tort action filed in court, not arbitration.

Pedestrians and Cyclists Under UM Coverage

A pedestrian or cyclist who does not own a vehicle is not without UM coverage. Under Insurance Code § 11580.2, a pedestrian or cyclist who is struck by an uninsured or hit-and-run driver may be covered as a “resident relative” under any auto policy held by a member of their household. Whether coverage exists requires a review of the household member's policy and the definition of “resident relative” in that policy.

Statute of Limitations

The statute of limitations for a UM/UIM claim depends on the policy terms and the nature of the claim. Most policies contain a contractual limitations period. California Insurance Code § 11580.2 also addresses the limitations period for UM claims. Contact Attorney Michael Rehm promptly to assess the applicable deadline in your case.

Related Pages

• Oakland Personal Injury Attorney
• Oakland Car Accident Attorney
• Oakland Bicycle Accident Attorney
• Oakland Pedestrian Accident Attorney
• Oakland Uber/Lyft Accident Attorney

Attorney Michael Rehm handles uninsured and underinsured motorist claims throughout Oakland and Alameda County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 to arrange 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.