Orange County Uninsured Motorist Lawyer
Hit by a driver with no insurance, or not enough, in Orange County? Your own uninsured and underinsured motorist coverage may pay, but in that claim your insurance company is on the other side. We prove fault and damages to your insurer, protect the deadlines, and take the claim to arbitration when the offer falls short.
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Last updated: October 2026 · Reviewed by Faud Haghighi, Esq., Founder & Lead Trial Attorney
How Can an Orange County Uninsured Motorist Lawyer Help?
An Orange County uninsured motorist lawyer pursues the uninsured and underinsured motorist (UM/UIM) coverage on your own auto policy when the at-fault driver has no insurance or not enough, meets the strict deadlines, and takes the claim to arbitration if your insurer won’t pay its full value.
Many drivers on California roads carry only the minimum required insurance, and some carry none. When one of them causes a serious crash, your own UM/UIM coverage is often the most important source of recovery. But in these claims your own insurance company becomes the party you have to negotiate with, and it may not treat the claim the way you expect. The Law Offices of Faud Haghighi represents injured drivers, passengers, pedestrians, and cyclists in UM/UIM claims throughout Orange County and Southern California from offices in Aliso Viejo and Tustin. Faud Haghighi has resolved cases against insurance carriers and handles each case personally.
| UM/UIM claims at a glance | What it means for you |
|---|---|
| Your own insurer | The claim is against your own insurance company, which must still treat it in good faith. |
| Included by default | California auto policies include UM coverage unless it was waived in writing. |
| UIM math | UIM pays only after the other driver’s limits are paid, reduced by what that policy paid. |
| Two-year rule | Within two years you must sue the uninsured driver, settle, or formally demand arbitration. |
| Fees | Free, confidential consultation. No attorney fee unless we recover for you. |
What Is the Difference Between Uninsured and Underinsured Motorist Coverage?
Uninsured motorist (UM) coverage pays when the at-fault driver has no liability insurance or can’t be identified after a hit-and-run. Underinsured motorist (UIM) coverage pays when the at-fault driver’s liability limits are lower than your own UM limits (Ins. Code §11580.2).
| Coverage | When it applies | Key rule |
|---|---|---|
| Uninsured motorist (UM) | The at-fault driver had no insurance, or it was a hit-and-run | California auto policies must include it unless you waived it in writing; an unknown driver requires physical contact, a police report within 24 hours, and a sworn statement to your insurer within 30 days |
| Underinsured motorist (UIM) | The at-fault driver’s limits are lower than your UM limits | Applies only after the at-fault driver’s policy has been paid out in full, and is reduced by what that policy paid (§11580.2(p)) |
| Disputes about fault or value | You and your insurer can’t agree | Decided by arbitration before a single neutral arbitrator (§11580.2(f)) |
| Deadline | Every UM/UIM claim | Within two years of the accident you must sue the uninsured driver, reach an agreement with your insurer, or formally demand arbitration (§11580.2(i)) |
Example of how UIM works: if the at-fault driver has the $30,000 minimum and you carry $100,000 in UM/UIM coverage, the most your UIM coverage would pay is $70,000, after the driver’s insurer pays its $30,000, and only if your damages are that large.
Who Is Covered by Your UM/UIM Policy?
Generally you, members of your household, and passengers in your insured vehicle, depending on the policy terms, and often even when you are a pedestrian or cyclist. A passenger injured in someone else’s car may be able to claim under that car’s UM/UIM coverage and then under their own. Rideshare passengers also have special UM/UIM coverage while they are in the car; see Uber and Lyft accident claims. Check your declarations page for your limits, or send it to us to review.
How Does an Uninsured Motorist Claim Work?
It is a claim against your own insurance company, so you must prove the other driver’s fault and your damages to your insurer, and if you can’t agree, an arbitrator decides.
- Notify your insurer promptly and, for a hit-and-run, meet the 24-hour police report and 30-day sworn statement requirements.
- For UIM, resolve the at-fault driver’s claim first, usually by settling for their policy limits, with your insurer’s consent where the policy requires it.
- Submit proof of the claim: medical records and bills, wage loss, and evidence of fault.
- Negotiate with your insurer. California’s claims regulations generally require an insurer to accept or deny a claim within 40 days of receiving proof of the claim, and to explain any denial of a first-party claim in writing (10 Cal. Code Regs. §2695.7).
- Demand arbitration if the insurer won’t pay fair value, within the two-year deadline.
Fault still matters in a UM claim: under California’s comparative negligence rule, a claimant with $75,000 in damages found 10% at fault is entitled to $67,500, within the policy limits.
What if Your Insurer Treats the Claim Unfairly?
Your insurer owes you a duty of good faith and fair dealing. Unreasonably delaying or denying payment of a valid claim can expose the insurer to liability beyond the policy, though bad-faith claims depend heavily on the facts. Common problems include lowball offers that ignore medical records, demands for unnecessary documentation, long delays, and disputing injuries without a medical basis. Keeping a clear record of every communication helps. Read more about the insurance adjuster’s role.
Why Do UM/UIM Claims Matter in Orange County?
Serious crashes on Orange County’s freeways and arterials often cause injuries worth far more than a minimum policy, so even a driver who has insurance may not have enough. California’s minimum liability coverage is $30,000 per person and $60,000 per accident for policies issued or renewed since January 1, 2025 (Veh. Code §16056), which can be used up quickly by surgery or a hospital stay. That is why your own UIM limits can decide how much is actually available. Many people choose higher UM/UIM limits for this reason; it’s worth reviewing your policy before you ever need it.
What Can You Recover in an Uninsured Motorist Claim?
The same kinds of damages you could recover from the at-fault driver, including medical expenses, lost wages, and pain and suffering, up to your policy limits. If the policy includes MedPay, it may pay some medical bills regardless of fault. In practice, the value of a UM/UIM claim depends on your injuries and losses, your policy limits, any amount already paid by the at-fault driver’s insurer, and the evidence of fault; there is no reliable “average” UM settlement. Read more about what affects the value of a personal injury case.
What Are the Deadlines for a UM/UIM Claim?
Two years from the accident to sue the uninsured driver, settle with your insurer, or formally demand arbitration, with much shorter deadlines for hit-and-run reporting.
| Step | Deadline | Law |
|---|---|---|
| Hit-and-run: report to police, sheriff, or CHP | Within 24 hours | Ins. Code §11580.2 |
| Hit-and-run: sworn statement to your insurer | Within 30 days | Ins. Code §11580.2 |
| UM/UIM: sue, settle, or demand arbitration | Within 2 years of the accident | Ins. Code §11580.2(i) |
| Lawsuit against an identified at-fault driver | Generally 2 years from the accident | CCP §335.1 |
This page explains California law in general terms as of October 2026. Laws change and exceptions apply, so it is not legal advice about your situation.
How Does Faud Haghighi Handle a Claim Against Your Own Insurer?
UM/UIM claims are won by proving fault and damages to an insurer that knows the rules well. Faud Haghighi has practiced law in California since 2012, has resolved cases against insurance carriers, and prepares each claim as if it will go to arbitration. He handles each case personally, coordinates the at-fault driver’s claim with your UIM claim, and protects the deadlines that can end a claim.
We represent people in UM/UIM claims throughout Orange County and Southern California, including Anaheim, Santa Ana, Irvine, Mission Viejo, Lake Forest, and Costa Mesa, as part of our Orange County personal injury practice. If the driver fled, see hit-and-run claims; for the claim against an identified driver, see car accident claims.
Hit by an uninsured or underinsured driver? Call (949) 313-7656 or request a free consultation. There is no attorney fee unless we recover for you.
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Faud Haghighi, Esq.
Founder & Lead Trial Attorney
An Orange County trial attorney representing people injured by someone else's negligence — in car and truck crashes, slip-and-falls, premises accidents, and other serious-injury cases. Faud builds each case with the right medical and liability experts, preserves the evidence early, and prepares every file for trial — and you work directly with him, start to finish.
CA State Bar since 2012 · Aliso Viejo & Tustin
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Orange County Uninsured Motorist FAQs
It pays for your bodily injuries, up to your policy limits, when the at-fault driver has no liability insurance or can’t be identified after a hit-and-run. California auto policies must include it unless you waived it in writing (Ins. Code §11580.2).
Underinsured motorist (UIM) coverage applies when the at-fault driver’s liability limits are lower than your UM limits. It pays only after the at-fault driver’s policy has been paid out in full, and it is reduced by the amount that policy paid.
Up to your UIM limit minus what the at-fault driver’s insurer paid. For example, with $100,000 in UIM coverage and a driver with a $30,000 policy, UIM could pay up to $70,000 more, if your damages are that large.
Yes. You must prove the other driver’s fault and your damages to your own insurer. If you can’t agree on fault or value, the dispute generally goes to arbitration before a single neutral arbitrator.
Within two years of the accident you must sue the uninsured driver, reach an agreement with your insurer, or formally demand arbitration (Ins. Code §11580.2(i)). For a hit-and-run, you must also report to police within 24 hours and give your insurer a sworn statement within 30 days.
California regulations generally require an insurer to accept or deny a claim within 40 days of receiving proof of the claim, and to explain any denial of a first-party claim in writing (10 Cal. Code Regs. §2695.7).
Often, yes. UM/UIM coverage generally protects the named insured and household members, including when walking or cycling, and passengers in the insured vehicle, depending on the policy terms.
Generally not if you weren’t at fault. California’s rating rules let an insurer raise premiums for an accident only if you were principally at fault, meaning at least 51% responsible.
You can negotiate with supporting evidence and, if needed, demand arbitration within the two-year deadline. An insurer that unreasonably delays or denies a valid claim may also face bad-faith liability, depending on the facts.
Often, yes, if you plan to make a UIM claim. Many policies require notice to, or consent from, your insurer before you settle with the at-fault driver, to protect its rights. Settling without following the policy can jeopardize the UIM claim.
Nothing up front. We work on a contingency fee, so there is no attorney fee unless we recover compensation for you, and the consultation is free.
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How We Handle Your Orange County UM/UIM Claim
From your first call to the final resolution, here’s what working with the Law Offices of Faud Haghighi looks like — a clear, six-step path built to take the pressure off you and pursue the full recovery you’re owed. There’s no attorney fee unless we recover for you.
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