Uninsured motorist claims after a hit-and-run

When the driver who hit you cannot be identified, California treats the vehicle as an "uninsured motor vehicle" for purposes of your own uninsured motorist (UM) coverage. The rules come from Insurance Code 11580.2, and your policy may add details.

The conditions for a hit-and-run UM claim

• Physical contact. The injury must arise from physical contact with the unidentified vehicle, or with the vehicle you were in. A "miss-and-run," where another car forces you off the road without touching you, generally does not qualify under the statute.
• Police report within 24 hours. You, or someone on your behalf, must report the crash to the police, sheriff or CHP within 24 hours.
• Statement to your insurer within 30 days. You must file with your insurer, within 30 days after that, a statement under oath that you have a claim against an unknown driver, with the facts supporting it.
• Two years to act. Within two years of the crash, you must either settle the UM claim with your insurer, file a lawsuit against the driver if identified, or formally start arbitration. Missing this step can end the UM claim.

Who is covered

UM coverage usually follows the person, not just the car. Depending on the policy wording, it can cover:

• you as a driver or passenger in your own car;
• you as a pedestrian or cyclist, even though no car of yours was involved;
• relatives who live in your household, under their own or your policy;
• passengers in your car.

If you do not own a car, check whether someone you live with has a policy that covers resident relatives.

How the claim works

A UM claim is a claim against your own insurer, but it is not friendly. Your insurer stands in the shoes of the missing driver, so it can dispute fault, question the injuries and argue about value. If you cannot agree, the dispute generally goes to binding arbitration rather than a jury trial.

UM pays only up to your UM limits, and it covers bodily injury. Damage to your car from an unidentified driver usually falls under your collision coverage instead.

If the driver is later identified

If police identify the driver, you may have a direct claim against that driver's insurance, and UM may still matter if their coverage is too low (that is underinsured coverage). Tell your insurer about the identification, and be careful about settling with the driver's insurer without your own insurer's written consent, because it can affect your UM rights.

Many hit-and-run victims are told by friends that "there's nothing you can do without the other driver." With UM coverage, that is often not true. The most common reason a valid UM claim fails is a missed notice deadline, not a lack of coverage.