[{"@context":"https:\/\/schema.org\/","@type":"Article","@id":"https:\/\/www.habbaspilaw.com\/the-difference-between-an-uninsured-and-an-underinsured-motorist-claim\/#Article","mainEntityOfPage":"https:\/\/www.habbaspilaw.com\/the-difference-between-an-uninsured-and-an-underinsured-motorist-claim\/","headline":"The Difference Between an Uninsured and an Underinsured Motorist Claim","name":"The Difference Between an Uninsured and an Underinsured Motorist Claim","description":"If you were injured in a car crash in California and the person who caused the crash either didn\u2019t have insurance or didn\u2019t have enough of it, you might be able to file a claim through your own auto insurance policy. But whether your situation qualifies as an uninsured motorist claim or an underinsured motorist… Continue reading The Difference Between an Uninsured and an Underinsured Motorist Claim<\/span><\/a>","datePublished":"2025-07-18","dateModified":"2026-03-26","author":{"@type":"Person","@id":"https:\/\/www.habbaspilaw.com\/author\/admin\/#Person","name":"Samer Habbas, Esq","url":"https:\/\/www.habbaspilaw.com\/author\/admin\/","identifier":1,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/328046d5a3bfc49c9999e96862d136a3f4bc810c33ae5a18d4d702bce2c20ecf?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/328046d5a3bfc49c9999e96862d136a3f4bc810c33ae5a18d4d702bce2c20ecf?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Samer Habbas & Associates","logo":{"@type":"ImageObject","@id":"https:\/\/www.habbaspilaw.com\/wp-content\/uploads\/2022\/08\/1241504_HabbasLogoUpdates_Logo1_Op1Black_060822-scaled.jpg","url":"https:\/\/www.habbaspilaw.com\/wp-content\/uploads\/2022\/08\/1241504_HabbasLogoUpdates_Logo1_Op1Black_060822-scaled.jpg","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.habbaspilaw.com\/wp-content\/uploads\/2022\/08\/injury-lawyer.jpg","url":"https:\/\/www.habbaspilaw.com\/wp-content\/uploads\/2022\/08\/injury-lawyer.jpg","height":600,"width":900},"url":"https:\/\/www.habbaspilaw.com\/the-difference-between-an-uninsured-and-an-underinsured-motorist-claim\/","about":["Insurance"],"wordCount":1170,"articleBody":"If you were injured in a car crash in California and the person who caused the crash either didn\u2019t have insurance or didn\u2019t have enough of it, you might be able to file a claim through your own auto insurance policy. But whether your situation qualifies as an uninsured motorist claim or an underinsured motorist claim depends on one very important difference: Did the at-fault driver have no insurance at all, or just not enough? That difference determines how and whether your insurance company has to pay you.Below, experienced car accident lawyers at Law Offices of Samer Habbas & Associates explain what that means under California law\u2014and why it matters to your case.Why Uninsured and Underinsured Motorist Coverage MattersRoughly 1 in 6 drivers in California are uninsured, and many more carry only the state\u2019s minimum liability limits\u2014which is often nowhere near enough to cover serious injury or property damage. If you’re hit by one of these drivers, the financial burden could fall entirely on you unless you have uninsured (UM) coverage or underinsured motorist (UIM) coverage. These types of policies help protect you when the at-fault driver can\u2019t. They can cover your medical bills, lost income, and other losses when the responsible party is unable or unwilling to pay.What to Do If the Other Driver Is UninsuredIf the other driver had no insurance at the time of the crash, your situation likely falls under what\u2019s known as an uninsured motorist claim, or UM claim. This is governed by California Insurance Code \u00a7 11580.2.This type of claim applies in two main situations: one, when the driver who hit you simply didn\u2019t carry any liability insurance at all; and two, when you were hurt in a hit-and-run and you don\u2019t know who the driver is.The law allows your own insurer to step in and pay for damages such as medical bills, lost wages, and pain and suffering\u2014basically, the money you would have gotten from the other driver\u2019s insurer if they had coverage. But you still have to prove that the other driver was at fault and that they were uninsured. And just because the driver fled the scene doesn\u2019t mean your insurer will automatically pay; you have to report the hit-and-run quickly and give your insurer all the information required under your policy.What is Underinsured Motorist Coverage?Now let\u2019s say the driver who caused the crash did have liability insurance, but it wasn\u2019t enough to cover your losses. In that case, you\u2019re dealing with what\u2019s called an underinsured motorist claim, or UIM claim.The key here is that you can only use your UIM coverage if your own policy limit is higher than the amount of insurance the at-fault driver had. For example, if the other driver had a $15,000 policy and your total damages are $100,000, your UIM coverage can potentially pay the remaining amount\u2014but only if your own policy goes above $15,000.Your insurer is typically only required to pay the difference between what the other driver\u2019s insurance pays and the total amount of your damages, up to your own UIM coverage limits.Importantly, you usually have to get written permission from your insurer before accepting an underinsured motorist coverage settlement from the at-fault driver\u2019s insurer. If you take the other driver\u2019s insurance payout without doing this, your insurer may refuse to pay you under your UIM coverage\u2014even if you would have otherwise qualified.Why the Difference Between UM and UIM MattersFirst of all, in an uninsured claim, you deal directly with your own insurer from the start. In an underinsured claim, you have to go through the at-fault driver\u2019s insurance first and try to settle with them before your own insurer will consider paying anything.Second, the rules around settlement are different. In an uninsured case, once you prove the other driver didn\u2019t have insurance, your insurer can pay you and close the claim. In an underinsured case, if you don\u2019t follow the right steps\u2014like getting your insurer\u2019s consent before settling with the at-fault driver\u2014you may end up forfeiting your right to any more compensation.Third, the amount you can recover may be different. In a UM claim, you can recover up to the limits of your own UM coverage, assuming your damages are high enough. In a UIM claim, your insurer only pays the amount that exceeds the at-fault driver\u2019s policy\u2014again, up to your own coverage limits.What the Law Says About Time Limits and DeadlinesUninsured and underinsured motorist claims come with strict deadlines\u2014some of which are shorter than the general personal injury statute of limitations in California, which is two years under California Code of Civil Procedure section 335.1.Your auto insurance policy might require you to give notice of a UM or UIM claim within 30 days of the crash or within a “reasonable time.”In addition, most UM\/UIM policies require that any dispute over payment be resolved through arbitration, not a lawsuit. The deadline to demand arbitration\u2014if needed\u2014can also be short.What If You\u2019re Not Sure What Kind of Claim You Have?It\u2019s not always obvious whether the driver who hit you was uninsured or just underinsured. In hit-and-run cases, for instance, there may be no way to identify the driver unless witnesses or cameras captured the incident. Even if the driver stopped and gave you their insurance card, that doesn\u2019t mean the policy was active\u2014or that it will be enough to cover your injuries.You may not find out until weeks or months later that the at-fault driver’s insurance isn’t going to be enough. That\u2019s why it\u2019s important to notify your own insurance company as soon as possible, even if you think the other driver\u2019s coverage might take care of things.What to Do After an Accident with an Uninsured or Underinsured DriverAfter the crash, call the police and get a report. Take photos, gather witness contacts, and seek medical attention\u2014even for minor injuries. Notify your insurer right away about a potential UM or UIM claim. Avoid giving recorded statements without speaking to a lawyer first. These claims are complex, and mistakes can reduce your payout.Contact Orange County Uninsured \/ Underinsured Motorist Accident Lawyer Samer HabbasIf you or someone you care about was injured in a crash with a driver who had no insurance or not enough, you may be able to recover compensation through your own policy\u2014but only if the claim is handled properly. These cases are time-sensitive, and missing a step could affect the outcome.To learn your rights under California law, contact Law Offices of Samer Habbas & Associates by calling 888-848-5084 or contacting us online for a free consultation with an uninsured motorist accident lawyer in Orange County. Get Samer on your side to fight for the full compensation you deserve."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"The Difference Between an Uninsured and an Underinsured Motorist Claim","item":"https:\/\/www.habbaspilaw.com\/the-difference-between-an-uninsured-and-an-underinsured-motorist-claim\/#breadcrumbitem"}]}]