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UM, UIM and vehicle damage are separate questions
The California Department of Insurance explains these coverage categories:
- Uninsured motorist bodily injury (UMBI): protection for covered injuries caused by an uninsured driver.
- Underinsured motorist (UIM): potential additional bodily injury protection when the responsible driver's insurance meets the policy and statutory definition of underinsured.
- Uninsured motorist property damage (UMPD): separate vehicle damage coverage, generally limited to $3,500 and requiring an identified uninsured driver.
Collision coverage may also be relevant to vehicle repairs. Having one category does not establish that you purchased every other category. Insurers must offer UM/UIM coverage, and a written waiver is used when it is declined. Start with the policy in effect on the accident date.
Why UIM is not simply added on top of every settlement
California's Insurance Code section 11580.2 makes policy limits, exhaustion and offsets important. UIM generally applies after applicable liability limits have been exhausted by payment, with credit for amounts received from responsible parties. It is not an automatic payment of the full UIM limit on top of another settlement.
Before accepting a liability settlement or signing a release, have the relevant policies and insurer requirements reviewed together. An unresolved injury claim and an unresolved coverage issue can require different next steps. Keep written confirmation of limits, payments and communications rather than relying on a phone summary.
Uninsured driver? Do not assume you are out of options.
Talk with our team about the accident, your policy documents and questions about available coverage.
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Who is covered, including after a hit-and-run?
Coverage can extend to eligible household members and occupants, and sometimes to an insured pedestrian or cyclist. Being outside a car does not automatically prevent a claim. The policy definitions and exclusions must be checked.
For an unidentified hit-and-run driver, California UM rules can require physical contact, a police report within 24 hours and a sworn insurer statement within 30 days. Report promptly and seek advice immediately if a requirement was missed. Do not assume every incident in which a driver leaves qualifies for every form of UM coverage.
Save a partial plate, vehicle description, witness details and possible camera locations. Do not pursue a fleeing vehicle or put yourself at risk to obtain evidence.
Prepare the claim with clear records
An insurer still needs information about how the crash occurred and the injuries claimed. Gather the report number, photographs, medical records you already have, treatment bills and evidence of missed work. Keep a list of requests from the adjuster and when you responded.
Ask for coverage decisions in writing. If a letter cites an exclusion, preserve the letter and the complete policy so they can be read together. You do not need to resolve the legal meaning of every provision before asking for help.
Special claim-preservation and arbitration requirements may apply. Opening an insurance claim is not necessarily enough to protect every deadline. Tell us about the accident date and any deadline mentioned in an insurer's letter at the beginning of the consultation.
Discuss your options with our Glendale team
Aghabegian Law Group's auto accident practice includes reviewing coverage, investigating collisions and evaluating injury losses. For a UM or UIM consultation, bring the declarations page, full policy if available, any coverage waiver, the other driver's insurance information and settlement correspondence.
We can identify missing information and discuss how the insurance issues relate to the injury claim. If the responsible driver had no insurance, a policy review is one part of evaluating recovery options, rather than a promise that coverage or collectible funds exist.
Common questions
Does UM bodily injury coverage repair my car?
Bodily injury and vehicle damage coverage are separate. Review collision coverage and any uninsured motorist property damage protection, including their limits and conditions.
Can I check coverage if I cannot find the full policy?
Ask the insurer or broker for the declarations, complete policy, endorsements and any signed coverage waiver for the accident date. Bring the records you have to the consultation.
What if my own insurer disputes the claim?
Keep the denial or coverage letter and ask which policy provisions and facts support the decision. A review can distinguish a coverage dispute from disagreement about responsibility or injury value.
Sources and further reading
Published by Aghabegian Law Group, P.C. This information is general education, not legal advice for your circumstances. Laws, agency procedures, and insurance terms can change. Contacting the firm does not by itself create an attorney-client relationship.
