Santa Cruz Uninsured Motorist Attorney

Attorney Michael Rehm - (800) 978-0754

Uninsured and Underinsured Motorist Claims in Santa Cruz County

Attorney Michael Rehm handles uninsured and underinsured motorist claims throughout Santa Cruz County. When the driver who caused your accident has no insurance — or not enough — your own automobile insurance policy may be the primary source of recovery. UM/UIM claims involve your own insurer, but that does not mean the process is straightforward. Insurance companies evaluate these claims adversarially, applying the same pressure they would against a third-party claim.

What UM/UIM Coverage Is and How It Works

Insurance Code §11580.2 requires that every automobile liability policy issued in California include uninsured motorist coverage unless the named insured rejects it in writing. UM coverage applies when you are injured by a driver who has no insurance at all, or by a hit-and-run driver where physical contact occurred. UIM coverage applies when the at-fault driver has insurance, but that coverage is insufficient to fully compensate your losses.

UM/UIM coverage does not apply only to vehicle occupants. A pedestrian struck by an uninsured driver, or a cyclist hit by a motorist without coverage, may have a valid UM/UIM claim under their own automobile policy. Insurance Code §11580.2 requires only that the injured person was injured by a motorist — it does not require that the injured person was in a vehicle.

California Vehicle Code §16056(a)(2), as amended effective January 1, 2025, sets minimum liability coverage at $30,000 per person / $60,000 per accident. In serious injury cases — surgery, extended hospitalization, spinal or brain injury — minimum-coverage situations are common. Evaluating UIM coverage at the outset of a case is not optional; it is essential.

The UM/UIM Claims Process

A UM/UIM claim is made against your own insurer, but the insurer steps into the shoes of the at-fault driver for purposes of evaluating liability and damages. The insurer has the right to investigate the claim, request medical records, take a statement, and demand an examination under oath. The insurer also has the right to arbitrate the claim rather than litigate it in court — most UM/UIM policies require binding arbitration as the exclusive dispute resolution mechanism for unresolved claims.

Notice requirements matter. Many policies require prompt notice of a UM/UIM claim — particularly in hit-and-run cases, where some policies require that a police report be filed and that notice be given within a specific time period. Failure to comply with notice provisions can affect the right to recover under the policy. These requirements must be reviewed immediately after an accident involving an uninsured or hit-and-run driver.

Prejudgment Interest and §998 Offers in UM/UIM Cases

Civil Code §3291 provides that if a plaintiff makes a settlement offer under Code of Civil Procedure §998 that the defendant rejects, and the plaintiff obtains a more favorable judgment, the judgment bears interest at 10 percent per annum from the date of the offer. In UM/UIM cases that proceed to arbitration or litigation, a well-timed §998 offer creates a real financial incentive for the insurer to settle at or above the offered amount.

The Statute of Limitations

UM/UIM claims are subject to the two-year personal injury statute of limitations under Code of Civil Procedure §335.1, as well as any contractual limitations periods in the policy itself. Both must be tracked. Missing either deadline can potentially bar the claim. Contact Attorney Michael Rehm to assess the specific deadlines in your case.

Retain Attorney Michael Rehm

Attorney Michael Rehm handles uninsured and underinsured motorist claims throughout Santa Cruz 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 only. It is not legal advice and does not create an attorney-client relationship. California law changes — statutes are amended, courts issue new decisions, and regulations are revised. Nothing on this page should be treated as a current statement of law without independent verification. Whether any deadline, legal doctrine, or rule applies to your specific case requires individual analysis based on the facts of your situation. Contact Attorney Michael Rehm to discuss your case directly.