What is the step-by-step process for making an Uninsured/Underinsured Motorist (UIM) claim with my own insurance in California?

To make a Uninsured/Underinsured Motorist (UIM) claim, you must promptly notify your own insurance company, provide them with evidence of your damages, and formally prove the other driver was at fault and lacked adequate insurance. Here is the step-by-step process: Step 1: Report the Accident and Give Notice Immediately report the accident to the police and your own insurance company. Even if you believe the other driver has insurance, notify your insurer about the incident. You must also report the accident to the DMV within 10 days if there was an injury, death, or more than $1,000 in property damage. Step 2: Formally Open a UIM Claim Contact your insurance company's claims department and explicitly state that you are opening an Uninsured or Underinsured Motorist claim. They will assign a specific adjuster to handle this type of claim and will send you necessary forms. Step 3: Gather and Submit Documentation Collect all related documents to prove your case. This includes the police report, photographs of the scene and vehicle damage, contact information for witnesses, all medical records and bills, and proof of any lost wages. For an underinsured claim, you will also need proof that you have exhausted the at-fault driver's insurance policy limits. Step 4: Prepare and Send a Settlement Demand Once your medical treatment is complete or your condition has stabilized, send a formal settlement demand letter to your UIM adjuster. This letter should detail the facts of the accident, describe your injuries, list all your medical expenses and other financial losses, and demand a specific amount for settlement. Step 5: Negotiate a Settlement or Demand Arbitration Your adjuster will review your demand and make a settlement offer. If the offer is too low, you will need to negotiate. If you cannot reach a fair settlement, your UIM policy requires you to formally demand arbitration, which is a private hearing to resolve the dispute, rather than filing a lawsuit. Important Details and Nuances For an Underinsured Motorist claim, you must first secure the maximum settlement from the at-fault driver’s insurance policy before you can access your own UIM coverage. The amount you receive from the at-fault party will be deducted from your total UIM settlement. Warnings and Limitations You have a strict deadline, known as the statute of limitations, to protect your claim. In California, you generally have two years from the date of the accident to either settle your claim, file a lawsuit against the at-fault driver, or formally demand arbitration with your own insurance company. Missing this deadline will likely prevent you from recovering any compensation. This is general information and does not constitute legal advice. For complex situations, or if you have suffered significant injuries, you should consult with a qualified California attorney to protect your rights.