Answer FileInsurance

What is the deadline for an uninsured motorist claim in California?

The answer, cited

Two years from the accident, but the required act is specific. Insurance Code section 11580.2(i) requires that within two years the insured sue the uninsured driver, agree with the insurer on the claim's value, or serve a formal written demand for arbitration on the insurer. An ordinary claim letter does not satisfy the statute.

Uninsured motorist claims carry their own deadline, separate from the two-year personal injury statute, and the trap is what must happen inside it. Under Insurance Code section 11580.2(i), a California UM bodily injury claim is preserved only if, within two years of the accident, suit is filed against the uninsured motorist, the insured and insurer agree on the amount owed, or the insured serves a formal, written arbitration demand on the insurer. Ongoing negotiations, a claim number, or a polite adjuster do not stop the clock; claimants who assume the insurer's file preserves their rights lose them. UM disputes are then resolved by arbitration rather than lawsuit under the statute. Underinsured motorist claims (where the other driver has some coverage, but not enough) follow the same framework, but generally ripen only after the other driver's policy limits are exhausted. Hit-and-run claims require physical contact and prompt reporting. Serve the arbitration demand early and in writing; it is one page that saves the claim.

Authority: Cal. Ins. Code § 11580.2(i)

Source: Cal. Ins. Code § 11580.2(i) · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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