Uninsured Motorist Attorney

Uninsured Motorist Lawyer in Woodland Hills, CA

If you were hit by an uninsured or underinsured driver in California, you can file a claim under your own auto insurance policy to recover compensation for medical expenses, lost income, and pain and suffering. UM/UIM claims follow specialized arbitration procedures that differ significantly from standard personal injury cases. Attorney Barry P. Goldberg is a recognized authority on California uninsured and underinsured motorist law, with 41+ years of experience and hundreds of arbitrations. Call (818) 222-6994 for a free consultation.

“The single biggest mistake I see in UM/UIM cases is delay. Less experienced attorneys let these claims sit in the insurance process for months or years when they could be arbitrated and concluded in 60 to 90 days. Insurance companies count on that delay. I demand arbitration early, name three arbitrators, and force the insurer to respond within seven days. Once an arbitration date is set, the case doesn’t linger, and the insurer’s settlement offers go up.”

– Barry P. Goldberg

Why Do California Attorneys Consult Barry P. Goldberg on UM/UIM Cases?

Most personal injury lawyers handle UM/UIM cases occasionally. Goldberg Injury Lawyers handles them as a core specialty. Attorneys throughout Los Angeles, Southern California, and Northern California regularly refer to and consult with Mr. Goldberg on the nuances of uninsured and underinsured motorist law.

Mr. Goldberg authored “Mastering Uninsured and Underinsured Motorist Arbitrations,” published in the CAALA Trial Lawyers Magazine The Advocate in November 2020. He is a frequent lecturer on UM/UIM claim presentation, arbitration procedure, and practical strategy.

This expertise matters because UM/UIM cases have unique procedural minefields that the average personal injury lawyer may not know how to navigate. Insurance company in-house lawyers know exactly how to exploit that inexperience. They track which arbitrators tend to side with insurers from repeat business, and they recommend those arbitrators every time. After 41+ years and hundreds of arbitrations, Mr. Goldberg knows which arbitrators are impartial and how to level the playing field.

The result: Goldberg Injury Lawyers regularly obtains favorable outcomes on UM/UIM cases that other attorneys did not think were possible, often concluding cases within 60 to 90 days after medical treatment ends.

What Mistakes Should I Avoid When Filing a UM/UIM Claim?

Why is waiting to report the accident a problem?

Most insurance policies require prompt notice after an accident. Waiting days or weeks before notifying your own insurer gives them grounds to question the facts or deny the claim. Report the accident as soon as possible, even while you are still gathering details.

Why do I need a police report for a hit-and-run?

A police report is often a policy requirement for UM claims involving hit-and-run accidents. Without one, your insurer may argue there is no proof the accident involved an uninsured or unknown driver. File a report immediately, even if you could not identify the other vehicle.

Should I give a recorded statement to my insurance company?

Insurance companies request recorded statements early in the process, and most people treat it as a formality. It is not. Anything you say can be used to reduce the value of your claim. If you describe your injuries in a way that seems inconsistent, or minimize the impact of the accident, it can cost you. Speak with an attorney before giving any recorded statement.

What if I don’t think I have uninsured motorist coverage?

You probably do. California insurance policies are required to offer UM coverage, and unless you specifically opted out in writing, it is likely included in your policy. Many people assume they are not covered and never file a claim. Always have an attorney review your policy before deciding you cannot recover compensation.

Why shouldn’t I accept the first settlement offer?

Insurers make early settlement offers before you know the full extent of your injuries. Many car accident injuries take weeks or months to fully present. Once you accept a settlement, you give up the right to ask for more, even if new medical issues arise. Taking your time and having an attorney evaluate the offer protects the full value of your claim.

 

How Does an Uninsured Motorist Claim Work in California?

What is uninsured motorist (UM) coverage?

Uninsured motorist coverage is a provision in your own auto insurance policy that provides compensation when you are injured by a driver who carries no liability insurance. California insurers are required to offer UM coverage, and it is automatically included unless you opted out in writing. UM coverage applies to hit-and-run accidents as well.

What is underinsured motorist (UIM) coverage?

Underinsured motorist coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover your damages. For example, if your losses total $100,000 but the at-fault driver only has $15,000 in coverage, your UIM policy can cover the gap up to your policy limit. Your attorney must first exhaust the at-fault driver’s liability limits before triggering UIM coverage.

What is the UM/UIM claims process?

• Your attorney reviews your insurance policy to confirm UM or UIM coverage and policy limits.
• For UIM claims, a policy-limits demand is made to the at-fault driver’s insurer to exhaust their coverage first.
• A demand is made to your own insurer for UM/UIM benefits, along with supporting documentation.
• If your insurer disputes the value of your claim, arbitration is mandatory under California law.
• An experienced attorney demands arbitration immediately and names three potential arbitrators, forcing the insurer to respond within seven days.
• Most UM/UIM arbitrations can be completed within 60 to 90 days after medical treatment concludes.

The speed of resolution is one of the key advantages of working with an attorney who specializes in UM/UIM claims. Cases handled by attorneys unfamiliar with the arbitration process often languish for months or years unnecessarily.

Why do I have to file against my own insurance company?

Many accident victims are surprised and frustrated to learn they must file a UM/UIM claim against their own insurer. This feels wrong when you were not at fault. However, this is exactly what you have been paying your UM/UIM premium for. Your own insurer has statutory obligations to act promptly, fairly, and in good faith. There are severe penalties for insurers who violate these obligations. As a result, UM/UIM claims are often resolved faster and with better financial outcomes than comparable third-party lawsuits.

Frequently Asked Questions About Uninsured Motorist Claims

How long do I have to file an uninsured motorist claim in California?

You generally have two years from the date of the accident to demand arbitration or file a lawsuit on a UM/UIM claim. However, waiting is almost always a strategic mistake. The sooner you demand arbitration, the sooner the insurer is forced to engage, and the faster your case resolves. Delay benefits the insurance company, not you.

Will my insurance rates go up if I file a UM/UIM claim?

No. If you were not at fault for the accident, filing a UM or UIM claim should not cause your rates to increase. California law prohibits insurers from penalizing you for making a claim when you were the victim, not the at-fault driver.

What is the difference between UM and UIM coverage?

Uninsured motorist (UM) coverage applies when the at-fault driver has no liability insurance at all, or in hit-and-run situations where the driver cannot be identified. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are not enough to cover your full damages.

How much is my uninsured motorist claim worth?

The value depends on the severity of your injuries, your medical expenses, lost income, pain and suffering, and your policy limits. An experienced UM/UIM attorney can evaluate your claim and determine whether your insurer’s offer reflects its true value. Many victims accept early offers that significantly undervalue their claims.

Can I sue the uninsured driver directly?

You can, but it is rarely practical. If the driver could not afford insurance, they are unlikely to have assets to satisfy a judgment. Filing a UM claim against your own policy is almost always the faster and more effective path to recovery. Your insurer may then pursue the uninsured driver through subrogation to recover what it paid you.

What if the hit-and-run driver is never found?

You can still recover compensation through your UM policy. Hit-and-run accidents with unidentified drivers are treated as uninsured motorist claims under California law. You will need a police report and supporting evidence, but you do not need to identify the other driver to file a valid claim.

Can I collect from multiple UM/UIM policies if I have more than one?

If more than one UM/UIM policy applies to your accident, such as coverage on multiple vehicles or a policy covering the car you were riding in as a passenger, the policies pay pro rata, with the largest policy setting the upper limit of your total recovery. This means you cannot collect the full limits from each policy separately, but you may still have more coverage available than you realize. Many claimants and even some attorneys only look at one policy and never identify the others. An experienced UM/UIM attorney will review every potentially applicable policy to determine the maximum coverage available and ensure each insurer pays its proportional share.

Why does it matter whether my attorney specializes in UM/UIM cases?

UM/UIM claims follow a completely different process than standard personal injury lawsuits. They are resolved through mandatory arbitration, not the court system, and the procedural rules are specific to insurance code statutes that many personal injury attorneys rarely encounter. Insurers know which attorneys are unfamiliar with these procedures and exploit that inexperience to delay claims, select defense-friendly arbitrators, and limit payouts. An attorney who regularly handles UM/UIM arbitrations knows how to force the insurer to engage promptly, select impartial arbitrators, and resolve cases within 60 to 90 days instead of letting them stall for months or years.

Why Choose Goldberg Injury Lawyers for Your UM/UIM Case?

• 41+ years of experience specializing in uninsured and underinsured motorist claims
• Hundreds of UM/UIM arbitrations personally handled by Barry P. Goldberg
• Published author: “Mastering Uninsured and Underinsured Motorist Arbitrations” in CAALA The Advocate (2020)
• Frequent lecturer on UM/UIM claim presentation, arbitration procedure, and insurance law
• Attorneys throughout California regularly refer to and consult with Mr. Goldberg on UM/UIM matters
• Super Lawyers honoree for 15 consecutive years (2012–2026), including Top 100 Southern California in 2021
• Avvo 10/10 Superb rating, Clients’ Choice Award (2013, 2014, 2015, 2025)
• Past President, San Fernando Valley Bar Association
• Contingency fee basis with no upfront costs. Se Habla Español.

Schedule Your Free Consultation

If you were hit by an uninsured or underinsured driver in California, contact Goldberg Injury Lawyers for a free case evaluation. You can reach us 24/7 at (818) 222-6994, or send us a message online.

Goldberg Injury Lawyers serves Woodland Hills, Tarzana, Canoga Park, Northridge, Chatsworth, Granada Hills, Reseda, Simi Valley, El Cajon, Thousand Oaks, Westlake Village, and communities throughout Southern California.