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Santa Rosa Uninsured Motorist Attorney

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Attorney Michael Rehm — (800) 978-0754

Not every driver who causes a crash in Santa Rosa carries enough insurance — or any insurance at all — to compensate the people they injure. In 2023 (the most recent year for which data is currently available), the Office of Traffic Safety recorded 39 hit-and-run crashes in Santa Rosa. An unknown portion of those crashes, and a portion of crashes where the at-fault driver is identified, involve drivers who are uninsured or whose policy limits are insufficient to cover the victim's actual damages. California law requires insurers to offer uninsured and underinsured motorist coverage to protect drivers in exactly these situations. Attorney Michael Rehm represents UM and UIM claimants throughout Santa Rosa and Sonoma County on a contingency fee basis.

How Uninsured and Underinsured Motorist Coverage Works

California Insurance Code § 11580.2 requires every automobile liability policy issued in California to include uninsured motorist bodily injury coverage unless the insured waives it in writing. The coverage steps in when the at-fault driver has no liability insurance or cannot be identified — as in a hit-and-run. Underinsured motorist coverage, which may be purchased separately, applies when the at-fault driver carries liability insurance but in an amount insufficient to fully compensate the victim's damages.

A UM or UIM claim is a claim against the victim's own insurer, not the at-fault driver's insurer. Despite the fact that the claimant is making a claim on their own policy, the insurer has a financial interest in minimizing the payout, and UM and UIM claims are frequently disputed. Insurers may challenge the claimant's account of the crash, dispute the extent of the injuries, or contest the value of the claimed damages. The claimant must still prove the at-fault driver's negligence and establish the extent of damages, just as they would in a direct claim against the at-fault driver.

Arbitration and Court Procedure in UM/UIM Cases

Most UM and UIM policies include a mandatory arbitration clause. If the insurer and the insured cannot agree on the amount owed, the dispute proceeds to binding arbitration rather than jury trial. The arbitration is typically governed by the American Arbitration Association rules unless the policy specifies otherwise.

If a UM or UIM case is filed in Sonoma County Superior Court — which may occur before the arbitration is exhausted, or in cases where coverage disputes require court resolution — the court applies a specific procedure. Under the Sonoma County Superior Court Local Rules, a party to a case designated as an uninsured or underinsured motorist case must file an ex parte application requesting that designation. The Civil Case Management Rules do not apply to the case for 180 days from the date of designation, allowing time for the insurance arbitration process to proceed. The case management clock restarts after that period.

Bad Faith by the Insurer

An insurer that unreasonably delays, undervalues, or denies a UM or UIM claim in bad faith may face liability beyond the policy limits. California Insurance Code § 790.03(h) identifies a range of unfair claims practices, including misrepresenting pertinent facts or policy provisions, failing to acknowledge and investigate claims promptly, and refusing to pay claims without conducting a reasonable investigation. An insurer that engages in bad faith conduct may be liable for the full extent of the insured's damages beyond policy limits, plus attorney fees and, in egregious cases, punitive damages.

Filing Deadline

The statute of limitations for UM and UIM claims is generally two years under Code of Civil Procedure § 335.1, though policy conditions, notice requirements, and the terms of the arbitration clause can affect the applicable timeline. Whether a particular deadline applies, has run, or is subject to tolling requires individual analysis. Contact Attorney Michael Rehm promptly after a crash involving an uninsured or underinsured driver.

Related Pages

Attorney Michael Rehm handles uninsured and underinsured motorist cases throughout Santa Rosa and Sonoma 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.

Southern California Areas Served:

Phone: (619) 787-3456 Areas Served: San Diego, Vista, Chula Vista, El Cajon, Escondido, San Marcos, Oceanside, Carlsbad, Encinitas, El Centro, Los Angeles, Long Beach, Santa Clarita, Glendale, Lancaster, Palmdale, Pomona, Torrance, Pasadena, El Monte, Downey, West Covina, Norwalk, Burbank, Anaheim, Santa Ana, Irvine, Huntington Beach, Garden Grove, Costa Mesa, Riverside, Corona, Moreno Valley, Ontario, Rancho Cucamonga, San Bernardino, Santa Barbara, Santa Maria, Ventura, Simi Valley, Thousand Oaks, San Luis Obispo, Paso Robles, Temecula, Bakersfield, Clovis, and everywhere in between.

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Northern California Office & Areas Served

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