Definition
UM coverage pays for damages from drivers with no liability insurance; UIM coverage pays the difference when the at-fault driver's insurance is insufficient to cover the plaintiff's actual damages.
In California Personal Injury Cases
California Insurance Code Section 11580.2 requires UM/UIM coverage to be offered with every auto policy. With approximately 16-17% of California drivers uninsured and California's minimum liability insurance as low as $30,000/$60,000 (SB 1107), UM/UIM coverage is often the most important protection in a serious vehicle accident. UM/UIM coverage follows the person, not the vehicle — it applies in vehicles the insured is riding in, including rideshares.
California Law Context
California personal injury law applies this concept within the framework of pure comparative fault (Li v. Yellow Cab Co., 1975), the two-year statute of limitations (CCP Section 335.1), uncapped damages for non-malpractice injuries, MICRA for medical malpractice, the Government Claims Act for government entity defendants, and the full spectrum of California personal injury legal standards across vehicle accidents, premises liability, product liability, workplace accidents, and wrongful death.
Frequently Asked Questions
What is Uninsured/Underinsured Motorist Coverage in California personal injury law?
UM coverage pays for damages from drivers with no liability insurance; UIM coverage pays the difference when the at-fault driver's insurance is insufficient to cover the plaintiff's actual damages.
How does Uninsured/Underinsured Motorist Coverage affect a California personal injury claim?
California Insurance Code Section 11580.2 requires UM/UIM coverage to be offered with every auto policy. With approximately 16-17% of California drivers uninsured and California's minimum liability insurance as low as $30,000/$60,000 (SB 1107), UM/UIM coverage is often the most important protection in a serious vehicle accident. UM/UIM coverage follows the person, not the vehicle — it applies in vehicles the insured is riding in, including rideshares.
How does this concept apply differently across the major personal injury categories in California?
Uninsured/Underinsured Motorist Coverage applies with some variation across California personal injury categories. In vehicle accident cases, it operates within the negligence and negligence per se framework governed by the California Vehicle Code. In premises liability, it interacts with the Rowland v. Christian duty of care standard. In product liability, it applies within Greenman v. Yuba Power Products strict liability. In medical malpractice, it must be evaluated alongside MICRA's specific rules for the medical professional context. Understanding how Uninsured/Underinsured Motorist Coverage applies to your specific injury category is essential to evaluating your California personal injury claim.