What is the process for using my Uninsured Motorist coverage after being in a hit-and-run accident in California?
To use your Uninsured Motorist (UM) coverage for a hit-and-run in California, you must report the accident to the police within 24 hours and promptly file a claim with your own insurance company. The process requires specific, timely actions to preserve your rights under your policy.
Here is the step-by-step process:
Step 1: Report the Accident to Law Enforcement
You must report the incident to the police or California Highway Patrol within 24 hours of the accident. This is a strict legal prerequisite under California Insurance Code § 11580.2(b). Failure to make this report can lead to an automatic denial of your claim. When you file the report, state that you were the victim of a hit-and-run. Obtain a copy of the police report number.
Step 2: Notify Your Insurance Company
Call your insurance agent or your provider's claims hotline as soon as possible. Inform them you were in a hit-and-run and need to open an Uninsured Motorist Bodily Injury (UMBI) claim. Provide the date, location, a description of the accident, and the police report number.
Step 3: Document Everything
Gather and preserve all evidence. Take clear photos of your vehicle's damage, your physical injuries, and the accident scene if possible. If there were any witnesses, get their names and contact information. Keep a detailed file of all medical bills, treatment records, and receipts for any related expenses.
Step 4: Cooperate with Your Claim Adjuster
Your insurance company will assign an adjuster to your claim. You must cooperate with their investigation. Provide them with all requested documents, such as medical records and proof of lost wages. The adjuster's job is to verify the facts and determine the value of your bodily injury claim.
Important Details and Nuances:
The "Physical Contact" rule is critical. For a hit-and-run claim to be valid, the unknown vehicle must have made physical contact with your vehicle. If a "phantom vehicle" caused you to swerve and crash without making contact, your claim may be denied unless you have an independent, third-party witness who can corroborate the events. Your UMBI coverage pays for medical bills, lost income, and pain and suffering up to your policy limits.
Warnings and Limitations:
California has a strict two-year statute of limitations for UM claims, detailed in Insurance Code § 11580.2(i). You must either settle your claim with your insurer or formally demand arbitration in writing within two years of the accident date. If you fail to do so, you lose your right to make a claim.
This is general information and does not constitute legal advice. For complex situations, especially if your injuries are significant or the insurer disputes your claim, you should consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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