Accidents move fast. This guide doesn't. Every step below is attorney-reviewed, specific to Los Angeles, California law, and written in plain language instead of legal jargon — with each answer linked to its source, so you don't miss what matters.
A meaningful share of Los Angeles drivers carry no insurance at all, and many more carry only the state minimums. If one of them hits you, your own policy's uninsured motorist (UM) coverage is often the main path to compensation. Many people have this coverage without knowing it: California requires insurers to include it unless you rejected it with a signed written waiver.
This guide applies to California law only. Cal. Ins. Code § 11580.2 and the California claim deadlines discussed here do not apply to accidents in other states.
If the driver who hit you in Los Angeles has no insurance (or fled), check your own policy first:
- You probably have UM coverage. California requires it in every auto liability policy unless the named insured deleted it in a signed written agreement (Ins. Code § 11580.2).
- A UM claim is a claim against your own insurer, and your insurer can dispute it the way an opposing insurer would. The claim is decided by agreement or arbitration.
- The clock is short. Under § 11580.2(i), you generally must file suit against the uninsured driver, reach an agreement with your insurer, or formally demand arbitration in writing within 2 years of the accident.
- Hit-and-run claims have a physical-contact rule. If the driver is unknown, UM bodily injury coverage applies only when the unknown vehicle made physical contact with you or your car.
Quick Answer: Source Index3§ 2 LAW◎ 1 GOVclaim-level sources
Cal. Ins. Code § 11580.2: Uninsured Motorist CoverageCal. Ins. Code § 11580.2: Uninsured Motorist Coverage✓ Official (source-only)
Cal. Civ. Proc. Code § 335.1: Two-Year Limitation PeriodCal. Civ. Proc. Code § 335.1: Two-Year Limitation Period✓ Official (source-only)
California DMV: Insurance RequirementsCalifornia DMV: Insurance Requirements✓ Official (source-only)
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Step 1: Select accident type
What type of accident were you in?
What You're Experiencing
The driver who hit you has no insurance, fled the scene, or their insurer says the policy was canceled. You are wondering who pays for your injuries and car.
What This Likely Means
- If the other driver had no policy at all → Your UM bodily injury coverage is the primary path for injury compensation
- If the driver fled and was never identified → UM may apply if there was physical contact; document the contact evidence
- If the other driver has minimum limits and your damages are larger → Your underinsured motorist (UIM) coverage may cover the gap
- If your insurer says you rejected UM coverage → Ask for the signed written waiver; without one, the coverage exists
Your Options
You Can Do This
- •Pull your declarations page and confirm your UM/UIM limits
- •Report the crash to your insurer promptly and in writing
- •For hit-and-run: report to police quickly and photograph all contact damage
- •Keep every medical record and repair estimate; UM claims are proven with documents
Attorney Handles
- •Confirms whether a valid written UM waiver actually exists
- •Values the claim and negotiates with your insurer from documented damages
- •Sends the written arbitration demand that preserves the claim before the 2-year deadline
- •Handles the UM arbitration itself if no agreement is reached
Avoid Doing This
- •Signed releases are binding in UM claims just like any other claim. Attorneys advise a review before signing.
- •Recorded statements to your own insurer in a UM claim are adversarial territory. Many people consult an attorney first.
- •Waiting out the 2-year window while talks continue forfeits the claim. The deadline runs regardless of negotiations.
- •Assuming the police report alone proves the hit-and-run contact. Keep physical evidence and witness contacts too.
What This Typically Costs
UM claims are handled by personal injury attorneys on contingency, the same no-recovery-no-fee structure as ordinary injury claims. Because the opponent is your own insurer, fee arrangements and the arbitration process are worth discussing in the first consultation.
When to Get Help
Many situations on this page are manageable on your own. The Your Options section above shows what people commonly handle themselves and where an attorney typically adds value.
These signals usually mean it is time to talk to a licensed attorney:
- 1
If the 2-year mark is approaching and the claim is unresolved → A written arbitration demand preserves it; this is a step many people ask an attorney to handle.
- 2
If your insurer denies that you have UM coverage → Ask for the signed waiver in writing; if none exists, an attorney can press the coverage question.
- 3
If injuries are serious and the at-fault driver is uninsured → The UM claim may be your largest source of recovery; valuation mistakes are expensive.
A consultation is information, not a commitment. Free consultations are standard at California personal injury firms.
Key Numbers
| Metric | Value | Source |
|---|---|---|
| UM coverage in California policies | Required unless rejected in a signed written waiver | statuteCal. Ins. Code § 11580.2(a)(as of 2026) |
| Deadline to preserve a UM claim | 2 years from the accident (suit, agreement, or written arbitration demand) | statuteCal. Ins. Code § 11580.2(i)(1)(as of 2026) |
| Hit-and-run UM claims (unknown driver) | Require physical contact with the unknown vehicle | statuteCal. Ins. Code § 11580.2(b)(1)(as of 2026) |
| Lawsuit deadline against an identified driver | 2 years from the accident (general rule) | statuteCal. Civ. Proc. Code § 335.1(as of 2026) |
Common Mistakes to Avoid
- 1
Mistake #1: Assuming you have no options because the other driver was uninsured.
California builds UM coverage into policies by default. Check your declarations page before concluding anything. If you do not see a signed rejection form, you likely have the coverage.
- 2
Mistake #2: Treating your own insurer as automatically on your side.
A UM claim puts your insurer in the paying position, and it can contest fault and damages the way an opposing insurer would. The same caution about recorded statements and quick releases applies.
- 3
Mistake #3: Letting the 2-year window pass while negotiating.
Negotiation does not stop the clock. If a UM claim has not been resolved, a written arbitration demand sent by certified mail preserves it. Missing the § 11580.2(i) window can end the claim entirely.
Frequently Asked Questions
Do I have uninsured motorist coverage if I never asked for it?▼
Probably yes. California requires UM bodily injury coverage in every auto liability policy issued in the state unless the named insured deleted it in a signed written agreement. Check your declarations page, or ask your insurer for a copy of any signed waiver. If there is no waiver on file, the coverage exists.
The driver who hit me fled. Can I still make a UM claim in California?▼
Often yes, with one important rule: when the owner or driver is unknown, California UM bodily injury coverage applies only if the unknown vehicle made physical contact with you or the car you were in. A swerve-and-miss crash with no contact generally does not qualify for UM bodily injury, which is one reason documenting paint transfer, dents, and witness accounts matters.
What is underinsured motorist coverage, and is it different?▼
Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but not enough to cover your damages. In California, UM and UIM are offered together as a single coverage. Your insurer's maximum UIM payment is generally your UIM limit minus what the at-fault driver's insurer paid.
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Sources & Citations
- statute[1] Cal. Ins. Code § 11580.2: Uninsured Motorist Coverage ↗
- statute[2] Cal. Civ. Proc. Code § 335.1: Two-Year Limitation Period ↗
- .gov[3] California DMV: Insurance Requirements ↗
This guide applies to California law only. Cal. Ins. Code § 11580.2 and the California claim deadlines discussed here do not apply to accidents in other states.
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