An estimated 15% of California drivers have no auto insurance, and many more carry only minimum coverage that is grossly inadequate for serious injuries. Attorney Anand Desai has 20+ years of experience helping accident victims navigate UM/UIM claims to maximize recovery from their own insurance policies when the at-fault driver cannot pay.
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Being hit by an uninsured or underinsured driver is frustrating and frightening. You have been injured through no fault of your own, and the driver who caused your injuries has no insurance or inadequate insurance to cover your damages. Many accident victims assume they have no recourse in this situation. That is not true. Attorney Anand Desai has extensive experience handling UM/UIM claims and knows how to maximize recovery from your own insurance policy.
UM/UIM claims are different from third-party claims against the at-fault driver's insurance. When you file a UM/UIM claim, you are making a claim against your own insurance company. While your insurer has a duty to act in good faith, they still have financial incentives to minimize your payout. Insurance adjusters apply the same tactics to UM/UIM claims as they do to any other claim: questioning the severity of your injuries, disputing causation, and offering lowball settlements.
With 20+ years of legal experience, over 5,000 clients served, and more than 50 jury trials as a former LA County Public Defender, Anand Desai knows how to negotiate with insurance companies and, when necessary, take UM/UIM claims to arbitration or trial. Our firm understands the intricacies of California Insurance Code §11580.2, stacking provisions, med-pay coordination, and the interaction between UM/UIM coverage and other insurance benefits.
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California Insurance Code §11580.2 requires every auto insurance policy in the state to include uninsured motorist (UM) bodily injury coverage. This coverage protects you when you are injured by a driver who has no liability insurance at all. Underinsured motorist (UIM) coverage, while not mandatory, is offered by most insurers and protects you when the at-fault driver's insurance limits are insufficient to cover your damages.
UM coverage kicks in when the at-fault driver is completely uninsured, when the at-fault driver cannot be identified (as in a hit-and-run), or when the at-fault driver's insurance company is insolvent. Your UM coverage essentially steps into the shoes of the at-fault driver's nonexistent insurance and compensates you for your injuries, lost wages, and pain and suffering up to your UM policy limits.
UIM coverage applies when the at-fault driver has insurance but their limits are too low to cover your damages. For example, if the at-fault driver carries only California's minimum liability coverage of $15,000 per person and your damages total $200,000, there is a $185,000 gap. Your UIM coverage can fill this gap up to your UIM policy limits. The UIM payout is calculated as the difference between your UIM limits and the at-fault driver's liability limits, provided your damages exceed the at-fault driver's limits.
It is important to note that while UM coverage is mandatory in California, you have the right to reject it in writing. Many drivers unknowingly sign rejection forms at the time of purchasing their policy. If you have rejected UM coverage and are hit by an uninsured driver, your options are more limited. Attorney Anand Desai reviews your entire policy to identify all available coverage.
California consistently ranks among the states with the highest rates of uninsured drivers. The Insurance Research Council estimates that approximately 15% of California drivers — roughly one in seven — operate vehicles without any liability insurance. In certain areas of Los Angeles County, the rate is even higher. This means that on any given day, as you drive through Glendale, Los Angeles, Pasadena, or Burbank, you are sharing the road with a significant number of uninsured drivers.
The reasons drivers go uninsured are varied. The high cost of auto insurance in Los Angeles, which can exceed $2,000 per year even for drivers with clean records, makes coverage unaffordable for some. Drivers with prior accidents, DUI convictions, or poor credit scores face even higher premiums. Some drivers simply choose to ignore the legal requirement. Others allow their policies to lapse between premium payments.
Additionally, many drivers who do carry insurance have only the state minimum coverage: $15,000 per person and $30,000 per accident for bodily injury. These minimums, which have not been significantly updated in decades, are woefully inadequate for any serious injury. A single emergency room visit can exceed $15,000, let alone surgery, rehabilitation, and lost wages. Drivers with only minimum coverage are effectively underinsured for any significant accident. This is why carrying adequate UM/UIM coverage on your own policy is one of the most important financial protections available to California drivers.
When you file a claim against the at-fault driver's insurance company (a third-party claim), you are dealing with an adverse party. The other driver's insurer owes you no duty beyond paying valid claims within policy limits. When you file a UM/UIM claim, you are filing against your own insurance company. This changes the legal dynamic in important ways.
Your insurance company owes you a duty of good faith and fair dealing under California Insurance Code §790.03. This means they must conduct a fair investigation of your claim, must not unreasonably delay processing, and must not deny or reduce your claim without a reasonable basis. If your insurance company acts in bad faith — for example, by unreasonably denying your UM claim or offering a settlement far below the claim's value — you may have a separate bad faith cause of action that can include additional damages.
However, the duty of good faith does not mean your insurance company will simply pay whatever you ask. UM/UIM claims are evaluated the same way as any other injury claim: the insurer assesses liability, injury severity, treatment reasonableness, and the overall value of the claim. They will review your medical records, may request an independent medical examination, and will make a settlement offer they believe reflects the claim's value. Having an experienced attorney ensures that your insurer's evaluation is fair and that you receive the full value of your UM/UIM claim.
California law allows 'stacking' of UM/UIM coverage in certain circumstances, which can significantly increase the amount of coverage available for your claim. Stacking occurs when you have multiple vehicles insured on the same policy, each with separate UM/UIM coverage. In some situations, the coverage limits can be multiplied by the number of insured vehicles.
For example, if you have two vehicles on your policy, each with $100,000 in UM coverage, stacking could potentially provide $200,000 in total UM coverage for a single accident. However, California's stacking rules are complex and depend on the specific language of your policy. Some policies contain anti-stacking provisions that limit recovery to the highest single vehicle's coverage.
In addition to stacking within your own policy, you may be able to access UM/UIM coverage from other sources. If you were a passenger in someone else's vehicle when the accident occurred, the vehicle owner's UM/UIM coverage may apply. If you are a member of a household where another family member has UM/UIM coverage, that policy may also provide coverage. In some cases, an umbrella or excess liability policy may include UM/UIM coverage that sits on top of your auto policy limits.
Attorney Anand Desai conducts a comprehensive review of all potentially applicable insurance policies to identify every source of UM/UIM coverage available to you. This thorough analysis often reveals coverage that the injured person was not aware they had, significantly increasing the total recovery.
Medical payments (med-pay) coverage is an optional coverage available on California auto insurance policies that pays for costs related to the treatment of injuries sustained in a car accident, regardless of who was at fault. Med-pay typically has limits of $1,000 to $10,000 and pays your bills directly without requiring you to prove fault or wait for a liability determination.
Med-pay is particularly valuable in uninsured motorist situations because it provides immediate funds for treatment while your UM/UIM claim is being processed. Unlike your UM/UIM coverage, which compensates for all damages including pain and suffering, med-pay covers only specific bills. However, the payments come quickly and can bridge the gap between the accident and the resolution of your UM/UIM claim.
Health insurance is another important resource. Your health insurance policy covers treatment for injuries from car accidents, though the health insurer may have a right to reimbursement (subrogation) from any settlement or judgment you receive. California's made-whole doctrine provides some protection: your health insurer generally cannot assert a subrogation claim until you have been fully compensated for all of your damages.
Personal injury protection (PIP) is not required in California but is available. Unlike med-pay, PIP can cover lost wages in addition to bills. Coordination between med-pay, health insurance, PIP, and UM/UIM coverage is complex and requires an attorney who understands the interplay of these coverages. Anand Desai Law maximizes your total recovery by strategically coordinating all available insurance benefits.
UM/UIM claims in California cover the same categories of damages as any personal injury claim, up to your policy limits. Economic damages include all care costs, lost wages, loss of future earning capacity, and other out-of-pocket expenses. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. The total recovery is capped at your UM/UIM policy limits, minus any amounts received from the at-fault driver's insurance (in UIM cases).
If your UM/UIM limits are insufficient to fully compensate you, you may have additional options. You can sue the uninsured or underinsured driver personally and attempt to collect any judgment from their personal assets, though this is often difficult if the driver is uninsured due to inability to pay. In some cases, other third parties may share liability for the accident — for example, a bar that served a visibly intoxicated minor, a vehicle owner who loaned their car to an unlicensed driver, or a government entity responsible for a dangerous road condition.
UM/UIM claims that cannot be resolved through negotiation can be submitted to binding arbitration rather than a jury trial. The arbitration process is similar to trial but is generally faster and less formal. The arbitrator's decision is binding and can be confirmed as a court judgment. Having an experienced attorney represent you in UM/UIM arbitration is essential because the same litigation skills apply. Past results do not guarantee future outcomes. Attorney Anand Desai handles UM/UIM claims from initial filing through arbitration when necessary.
Uninsured motorist (UM) coverage is insurance on your own auto policy that protects you when you are injured by a driver who has no liability insurance. Under California Insurance Code §11580.2, all auto policies must include UM bodily injury coverage unless you specifically reject it in writing. UM coverage compensates you for injuries, lost wages, pain and suffering, and other damages up to your policy limits. It also applies when you are the victim of a hit-and-run accident where the at-fault driver cannot be identified. Attorney Anand Desai has extensive experience maximizing UM claim recoveries.
Underinsured motorist (UIM) coverage protects you when the at-fault driver has insurance, but their policy limits are too low to cover your damages. For example, if the at-fault driver carries only California's $15,000 minimum and your damages total $100,000, your UIM coverage can fill the $85,000 gap up to your UIM policy limits. UIM coverage is not mandatory in California but is highly recommended. The UIM payout equals the lesser of your damages minus the at-fault driver's payment, or your UIM policy limits.
The Insurance Research Council estimates that approximately 15% of California drivers — roughly one in seven — operate without any liability insurance. In certain areas of Los Angeles County, the rate may be even higher. Many additional drivers carry only the state minimum coverage of $15,000 per person, which is insufficient for any serious injury. This high rate of uninsured and underinsured drivers makes carrying adequate UM/UIM coverage on your own policy one of the most important financial protections available to California drivers.
Yes. Under California Insurance Code §11580.2, a hit-and-run driver is treated as an uninsured motorist, allowing you to file a UM claim with your own insurance company. You generally must report the hit-and-run to police or your insurer within 24 hours, or as soon as practicable. The UM claim will compensate you for injuries, lost wages, and pain and suffering up to your UM policy limits. Attorney Anand Desai handles UM claims for hit-and-run victims regularly and knows how to maximize recovery even when the at-fault driver is never identified.
Stacking allows you to combine UM/UIM coverage limits from multiple vehicles on the same policy. If you have two cars, each with $100,000 in UM coverage, stacking could potentially provide $200,000 in total coverage. However, many policies contain anti-stacking provisions. You may also access UM/UIM coverage from other sources: the vehicle owner's policy if you were a passenger, household family members' policies, or umbrella policies. Attorney Anand Desai reviews all potentially applicable policies to identify every source of coverage available to maximize your recovery.
Your insurance company owes you a duty of good faith and fair dealing under California Insurance Code §790.03. However, this duty does not mean they will automatically pay the full value of your claim. Insurance adjusters evaluate UM/UIM claims the same way they evaluate any injury claim: they assess liability, injury severity, and claim value. They have financial incentives to minimize payouts. If your insurer acts in bad faith by unreasonably denying or undervaluing your claim, you may have a separate bad faith cause of action. Having Attorney Anand Desai handle your UM claim ensures fair treatment.
Medical payments (med-pay) coverage is an optional auto insurance coverage that pays for treatment costs from a car accident regardless of fault. Med-pay typically has limits of $1,000 to $10,000 and provides quick payment without requiring you to prove fault. In uninsured motorist situations, med-pay provides immediate funds for treatment while your UM claim is being processed. It is separate from your UM coverage and does not reduce your UM benefits. Attorney Anand Desai coordinates med-pay, health insurance, and UM/UIM coverage to maximize your total recovery.
Yes. You can file a personal injury lawsuit against an uninsured driver and obtain a court judgment for your full damages. However, collecting a judgment from an uninsured driver can be challenging because they often lack assets or income that can be garnished. This is why UM coverage is so important — it provides a reliable source of compensation. In some cases, wage garnishment, property liens, or payment plans can recover some portion of a judgment. Attorney Anand Desai pursues all available sources of recovery, including both UM claims and personal lawsuits against the at-fault driver.
The statute of limitations for a UM/UIM claim is generally governed by your insurance policy's terms, but California courts have held that the same two-year statute of limitations applicable to personal injury claims (CCP §335.1) applies. For hit-and-run UM claims, you should report the accident within 24 hours. Do not delay — evidence degrades, witnesses forget details, and important deadlines can pass. Contact Anand Desai Law at (833) 270-7800 promptly after being hit by an uninsured or underinsured driver to protect your rights.
Anand Desai Law handles all UM/UIM claims on a contingency fee basis. You pay nothing upfront — no consultation fee, no retainer, and no hourly charges. We advance all costs of investigation and claim handling. We only collect a fee if we successfully recover compensation for you. UM/UIM claims require specialized knowledge of insurance law, policy interpretation, and arbitration procedures. Having an experienced attorney maximizes your recovery and ensures your own insurance company treats your claim fairly. Call (833) 270-7800 for a free consultation.
Anand Desai is a dedicated personal injury attorney serving Glendale and the greater Los Angeles area. A graduate of Loyola Law School with an undergraduate degree from USC, Anand has been a member of the California State Bar (#249768) since 2007, bringing 20+ years of legal experience to every case he handles.
Anand specializes in personal injury law, with particular expertise in car accidents, motorcycle accidents, truck accidents, and catastrophic injury cases. His deep understanding of California personal injury law, combined with his tenacious negotiation skills, has helped him secure millions of dollars in settlements and verdicts for his clients.
What truly sets Anand apart is his commitment to his community. His firm is one of the only law offices in Glendale that offers services in 11 languages, including Spanish, Armenian, Hindi, Gujarati, Korean, Tagalog, Farsi, Mandarin, Japanese, Vietnamese, and English — reflecting the rich diversity of the communities he serves.
“I fight for every client like they’re family. When you hire me, you’re not just getting a lawyer — you’re getting someone who genuinely cares about your recovery and your future.”
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