Uninsured & Underinsured Motorist Attorney San Francisco

San Francisco Uninsured Motorist Attorney Protecting Your Rights

Being injured in an auto collision is stressful enough. Discovering that the driver who caused the accident has no insurance — or not enough insurance to cover your damages — can feel devastating. But you still have options. Attorney Michael Martinovsky helps San Francisco Bay Area residents navigate the complex process of uninsured and underinsured motorist (UM/UIM) claims to recover the compensation they need and deserve.

The Uninsured Motorist Problem in California

Despite California’s mandatory auto insurance laws, a significant percentage of drivers on California roads carry no insurance at all. Studies estimate that approximately 15–16% of California drivers are uninsured — roughly 1 in every 6 drivers. This makes California one of the states with the highest rates of uninsured motorists in the country. When one of these drivers causes an accident, their victims face the prospect of mounting medical bills and lost wages with no at-fault insurance policy to cover them.

Even when a driver does carry insurance, California’s minimum liability requirements — just $15,000 per person and $30,000 per accident for bodily injury — are often far too low to cover the true cost of serious injuries. A single emergency room visit can exceed these minimums, leaving accident victims dramatically undercompensated.

Understanding UM/UIM Coverage Under California Law

Under California Insurance Code Section 11580.2, every auto insurance company in the state is required to offer uninsured motorist bodily injury coverage to its policyholders. You must affirmatively reject this coverage in writing if you do not want it. If your insurer cannot produce a signed written rejection, your policy may include UM/UIM coverage by default.

There are two types of coverage:

• Uninsured Motorist (UM) coverage: Applies when you are hit by a driver who carries no liability insurance at all, or in hit-and-run situations where the at-fault driver cannot be identified.
• Underinsured Motorist (UIM) coverage: Applies when the at-fault driver has insurance, but their policy limits are insufficient to cover your total damages. For example, if your damages total $200,000 but the at-fault driver only has $15,000 in coverage, your UIM policy covers the gap up to your UIM policy limits.

The UM/UIM Claims Process

Filing a UM/UIM claim is fundamentally different from a typical auto collision claim because you are filing against your own insurance company, not the at-fault driver’s insurer. The process typically involves:

1. Notify your insurer. Report the accident and inform your insurance company that you intend to file a UM or UIM claim. Provide all relevant documentation, including the police report, medical records, and evidence of the at-fault driver’s lack of insurance or insufficient coverage.
2. Document your damages. Compile comprehensive evidence of your injuries and losses, including medical bills, records of treatment, proof of lost wages, and documentation of pain and suffering.
3. Negotiate with your insurer. Your insurance company will evaluate your claim and make a settlement offer. Because your insurer has a financial interest in minimizing the payout, these initial offers are often far below the true value of your claim. Having an experienced attorney negotiate on your behalf is critical at this stage.
4. Arbitration. If negotiations do not produce a fair settlement, UM/UIM disputes in California are resolved through binding arbitration rather than a traditional court trial. An arbitrator (or panel of arbitrators) hears evidence from both sides and issues a binding decision. The arbitration process is generally faster and less formal than a trial, but it is still adversarial and having skilled legal representation is essential.

Stacking of UM/UIM Coverage

If you have multiple vehicles on your auto insurance policy, you may be able to “stack” your UM/UIM coverage to increase the total amount available to you. Stacking means combining the coverage limits from each vehicle on your policy.

For example, if you have three vehicles on your policy, each with $100,000 in UM coverage, stacking could give you access to $300,000 in total UM coverage. California law allows stacking unless your policy contains a specific, valid anti-stacking provision. Attorney Martinovsky can review your policy to determine whether stacking applies and maximize the coverage available for your claim.

When Your Own Insurance Company Acts in Bad Faith

Because UM/UIM claims are filed against your own insurer, there is an inherent conflict of interest. Your insurance company is contractually obligated to treat your claim fairly, but its financial interest lies in paying as little as possible. If your insurer unreasonably delays your claim, denies a valid claim, or offers an amount far below the fair value, it may be acting in bad faith. California law provides remedies for insurance bad faith, including the potential for additional damages beyond your policy limits.

Why Choose Attorney Martinovsky for Your UM/UIM Claim

UM/UIM claims require a different skill set than typical auto collision cases. You need an attorney who understands insurance policy language, the arbitration process, and how to hold your own insurance company accountable. Attorney Michael Martinovsky, with degrees from UC Berkeley and the University of Iowa College of Law (a top 20 law school), has the experience to navigate these complex claims. He handles all cases on a contingency fee basis — you pay nothing unless he wins your case. He is trilingual in English, Spanish, and Russian.

Frequently Asked Questions About Uninsured Motorist Claims