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uninsured motorist claim payouts
January 28, 2025

Average Uninsured Motorist Settlement in California

Legally reviewed by: Jessica Anvar Stotz, JD, MBA

The average uninsured motorist settlement in California is below approximately $15,000 due to several key factors in the state’s insurance landscape.

California’s minimum required liability coverage is only $15,000 per person, and since uninsured motorist coverage typically mirrors these minimums, many claims are automatically capped at this amount.

Additionally, many collisions result in minor injuries with medical bills under $10,000, and insurance companies push to settle these quickly in the $5,000-$12,000 range.

The state’s pure comparative negligence system often reduces settlements due to shared fault, while the high rate of uninsured drivers (around 15%) means many claims must be settled for whatever limited coverage is available, even when damages might warrant more.

See What Your Case Might Be Worth

Use the uninsured motorist settlement calculator below to see what you case might be worth. Estimates can happen in 90 seconds or less.

*Please note, the figures presented in this calculator are approximations based on past case results and should not be interpreted as a prediction or guarantee. Each case is unique and requires personalized legal guidance.

Factors Affecting Uninsured Motorist Settlement Amounts in California

Insurance Policy Limits

  • California minimum UM coverage is $15,000 per person/$30,000 per accident
  • Settlement cannot exceed the policy limits regardless of actual damages
  • Higher policy limits allow for potentially larger settlements
  • Stacking of policies is not permitted in California

Medical Factors

  • Severity and type of injuries sustained
  • Length and type of medical treatment required
  • Presence of pre-existing conditions
  • Long-term prognosis and permanent disabilities
  • Need for future medical care
  • Quality and completeness of medical documentation
  • Gaps in medical treatment

Economic Damages

  • Total medical bills (past and projected future costs)
  • Lost wages and income
  • Loss of earning capacity
  • Property damage
  • Out-of-pocket expenses
  • Cost of household services if unable to perform them

Non-Economic Damages

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Mental anguish
  • Impact on personal relationships
  • Loss of consortium

Liability Considerations

  • Clear evidence of fault
  • Comparative negligence percentage
  • Available evidence (police reports, witness statements, photos)
  • Presence of aggravating factors (DUI, reckless driving)
  • Multiple parties involved
  • Hit-and-run circumstances

Legal Representation

  • Quality and experience of legal representation
  • Negotiation skills of attorney
  • Track record with similar cases
  • Resources available for investigation and experts

Insurance Company Factors

  • Insurance company’s claims practices
  • Adjuster’s evaluation and authority
  • Company’s settlement history
  • Current settlement policies and practices
  • Risk assessment of taking case to trial

Timing and Procedural Factors

  • Statute of limitations considerations
  • Stage of claim (pre-litigation vs. litigation)
  • Strength of demand package
  • Quality of investigation
  • Availability and credibility of witnesses
  • Time elapsed since accident

Documentation Quality

  • Accident scene photos
  • Vehicle damage documentation
  • Medical records completeness
  • Expert opinions and reports
  • Witness statements
  • Employment records for wage loss
  • Proof of uninsured status of at-fault driver

Personal Factors

  • Age of injured party
  • Prior accident history
  • Pre-existing medical conditions
  • Credibility as a witness
  • Lifestyle impact
  • Geographic location (jury pool tendencies)

Common Misconceptions About Uninsured Motorist Settlements

Insurance Coverage Misconceptions

  • Believing your rates will automatically increase if you file a claim (not true for uninsured motorist claims where you’re not at fault)
  • Thinking you can’t make a claim if you have minimum coverage
  • Assuming hit-and-run accidents aren’t covered by uninsured motorist insurance
  • Believing you must pay your deductible (often waived for uninsured motorist claims)
  • Thinking you can’t file a claim if you’re a passenger

Settlement Process Misconceptions

  • Believing you must accept the first offer
  • Thinking the settlement amount will match someone else’s similar accident
  • Assuming the process will be quick
  • Believing you can reopen the claim after settling
  • Thinking you can’t negotiate without a lawyer

Medical Treatment Misconceptions

  • Believing you should wait to seek treatment until the claim is approved
  • Thinking you must use specific doctors
  • Assuming all medical bills will automatically be covered
  • Believing you can’t get treatment if you can’t afford it upfront
  • Thinking minor injuries don’t need documentation

Legal Misconceptions

  • Believing you have unlimited time to file a claim
  • Thinking you can’t sue if the other driver is never found
  • Assuming your insurance company is on your side
  • Believing lawyers are too expensive (most work on contingency)
  • Thinking you need to go to court to get a settlement

Documentation Misconceptions

  • Believing the police report is enough evidence
  • Thinking insurance companies will gather all necessary evidence
  • Assuming verbal agreements are binding
  • Believing photos aren’t necessary if there’s minimal visible damage
  • Thinking witness statements aren’t important if police were called

Have Questions About Your Accident?

Looking to see if you’re eligible for compensation? Contact LawLinq to connect with some of the best car accident attorneys in the state for free.

About the Author

Jessica Anvar

California Consumer Litigation Attorney Jessica Anvar, Esq. is the Founder and Managing Partner of California’s leading lemon law firm. She has multiple years’ worth of experience working with both state and federal lemon laws. Her practice focuses exclusively on consumer protection cases. Ms. Anvar received her J.D. from Loyola Law School. She also earned a Master of Business Administration degree from Loyola Marymount University. Jessica is very active in her local legal community and has helped thousands of clients across the state of California. She has an outstanding record as a true advocate for consumers.

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