Attorney Michael Rehm — (800) 978-0754
San Francisco ranked second out of 15 comparable California cities for hit-and-run crashes in 2023 — 438 fatal and injury crashes where a driver fled the scene. California Office of Traffic Safety, Crash Rankings 2023, ots.ca.gov. Statewide, approximately 17% of California drivers carry no auto insurance. California Department of Insurance, 2024. Uninsured and underinsured motorist coverage is the financial mechanism that bridges the gap when the at-fault driver has no insurance, cannot be identified, or carries limits too low to cover the actual damages.
Attorney Michael Rehm handles uninsured and underinsured motorist claims throughout San Francisco and the Bay Area.
How UM/UIM Coverage Works
Uninsured motorist (UM) coverage pays compensation when the at-fault driver has no insurance or cannot be identified (hit-and-run). Underinsured motorist (UIM) coverage applies when the at-fault driver has liability insurance but insufficient limits to fully compensate the injured person's damages. Insurance Code § 11580.2 governs UM/UIM coverage requirements in California. California's minimum liability limits as of January 1, 2025 are $30,000 per person / $60,000 per accident / $15,000 property damage. Vehicle Code § 16056(a)(2).
A UM/UIM claim runs against the injured person's own insurer, which owes a duty of good faith and fair dealing. Gruenberg v. Aetna Insurance Co. (1973) 9 Cal.3d 566. A bad faith refusal to pay a valid UM or UIM claim can expose the insurer to tort damages beyond policy limits. Pedestrians and cyclists who do not own a vehicle may be covered as a resident relative under a household member's policy. Insurance Code § 11580.2.
Hit-and-Run Claims
San Francisco's hit-and-run rate ranked 2nd among comparable California cities in 2023. For hit-and-run UM claims, most standard California policies require either physical contact between the unidentified vehicle and the insured, or corroboration from an independent witness. A driver who flees the scene after a crash removes the possibility of liability insurance coverage from the equation entirely — the injured person's own UM policy becomes the primary source of compensation.
UM/UIM and Rideshare Accidents After SB 371
Effective January 1, 2026, Senate Bill 371 amended Public Utilities Code § 5433 to restructure TNC insurance requirements. For passengers in Uber or Lyft vehicles, this change directly affects the UM/UIM safety net available when a third party causes the crash:
Under prior law, TNC UM/UIM coverage was $1,000,000 per person for passengers during an active ride. Under SB 371, that coverage is now capped at $60,000 per person / $300,000 per incident — and applies only during Period 3 (passenger in vehicle). The TNC is now solely responsible for providing this UM/UIM coverage. When a hit-and-run or uninsured driver strikes a rideshare vehicle, the $60,000 TNC UM/UIM policy is the first layer of compensation for the passenger. In cases involving serious injury, the passenger's own UM/UIM policy — if any — becomes critical gap-filler coverage beyond that amount.
SFMTA and Government Entity Claims
When the uninsured or underinsured vehicle involved is a government entity vehicle — an SFMTA Muni bus, for example — the claim is not a UM/UIM claim. It is a direct claim against the public entity, subject to the six-month government claims deadline under Government Code § 911.2. Government vehicles are self-insured public entities — they do not trigger UM/UIM coverage. The six-month deadline and the two-year statute of limitations under Code of Civil Procedure § 335.1 operate independently; both must be satisfied.
Stacking and Policy Limits
California does not permit stacking of UM/UIM coverage from multiple policies in most circumstances — the highest applicable policy limit governs. The order of priority among available UM/UIM policies — the vehicle owner's policy, a household member's policy, or, in TNC cases, the TNC's statutory UM/UIM coverage — is a fact-specific analysis that depends on policy language and the circumstances of the crash. Whether a particular policy covers a bicycle rider, pedestrian, or occupant of another vehicle requires review of the policy terms and applicable statutes.
Attorney Michael Rehm handles uninsured and underinsured motorist claims throughout San Francisco 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.