Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents uninsured and underinsured motorist claimants throughout San Jose and Santa Clara County. Being injured by a driver who carries no insurance — or inadequate insurance — does not end the road to recovery. California law requires that auto insurance policies include uninsured and underinsured motorist coverage unless the insured specifically waives it in writing. That coverage exists precisely for this situation, and the claim is made against the injured person's own insurance company.

California's UM/UIM Coverage Requirements

Insurance Code § 11580.2 requires every automobile liability policy issued in California to include uninsured motorist bodily injury coverage. The minimum required UM/UIM limits mirror the minimum liability limits — currently $30,000 per person / $60,000 per accident under Vehicle Code § 16056(a)(2) as amended by SB 1107 effective January 1, 2025. A policyholder may purchase higher UM/UIM limits, and those higher limits apply to the UM/UIM claim.

UM coverage applies when the at-fault driver has no insurance. UIM coverage applies when the at-fault driver has insurance, but their policy limits are insufficient to fully compensate the injured party's damages. In a UIM claim, the injured party's own UIM coverage is triggered after the at-fault driver's policy is exhausted — the insurer is entitled to a credit for the third-party recovery, but the UIM policy covers the gap between that recovery and the full measure of damages up to the UIM limits.

Hit-and-Run Claims

UM coverage also applies to hit-and-run accidents where the at-fault driver cannot be identified. Insurance Code § 11580.2 requires physical contact between the unidentified vehicle and the insured's vehicle or body in most policy structures — a purely phantom vehicle claim (where there was no contact) may not qualify for UM benefits without additional corroborating evidence. Whether physical contact occurred and whether it can be established is a fact-specific question.

The UM/UIM Claim Process

A UM/UIM claim is made against the insured's own insurance company, but the insurer is not on the same side as its policyholder in this context. The insurer stands in the shoes of the at-fault driver and will investigate, evaluate, and negotiate the claim from an adverse position. The insurer may dispute liability, minimize damages, and offer a settlement that is less than the full value of the claim.

Insurance Code § 790.03 prohibits unfair claims settlement practices, including failing to acknowledge claims promptly, failing to conduct a reasonable investigation, and failing to pay claims in good faith. An insurer that unreasonably withholds payment on a valid UM/UIM claim may face bad faith liability. The insured has the right to present evidence of the full measure of their damages — medical records, lost wage documentation, expert opinions — and to challenge an unreasonably low offer.

Many UM/UIM policies require disputes to be resolved by binding arbitration rather than jury trial. The policy language controls the process, and understanding the arbitration clause — including deadlines for demanding arbitration — is essential to protecting the claim.

Stacking

Where an insured has multiple vehicles on a single policy, or multiple policies, California law permits "stacking" of UM/UIM limits in some circumstances — adding the limits from each vehicle or policy to increase the total available coverage. Whether stacking is permitted depends on the specific policy language and the structure of the coverage.

Damages

Civil Code § 3333 provides the measure of tort damages — all detriment proximately caused by the at-fault driver's negligence, whether anticipated or not. In a UM/UIM claim, the injured party recovers the same damages they would recover in a direct action against the at-fault driver: past and future medical expenses, lost earnings, pain and suffering, emotional distress, and loss of enjoyment of life — up to the applicable policy limits.

Filing Deadline — Statute of Limitations

Code of Civil Procedure § 335.1 sets a two-year statute of limitations. Policy-specific deadlines for demanding arbitration may also apply and can be shorter than the statutory period. Missing either deadline can potentially bar a claim — contact Attorney Michael Rehm to assess the specific timeline in your case.

Santa Clara County Superior Court

UM/UIM disputes that proceed to court are filed at the Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. All limited and unlimited civil cases must be filed at the Downtown Superior Court under Local Civil Rule 1(C). Many UM/UIM disputes are resolved through binding arbitration rather than court proceedings — the applicable process depends on the policy terms.

Related Pages

• San Jose Personal Injury Attorney
• San Jose Car Accident Attorney
• San Jose Motorcycle Accident Attorney
• San Jose Pedestrian Accident Attorney
• San Jose Bicycle Accident Attorney
• San Jose Rideshare Accident Attorney

Attorney Michael Rehm handles uninsured and underinsured motorist claims throughout San Jose and Santa Clara 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.