Uninsured Driver Car Accident Claims in Burbank

By Payam Soliemanzadeh, Founder and President

Key takeaways

• California insurers must offer UM/UIM coverage; you may recover even when the at-fault driver has no insurance.
• File a personal injury claim within two years (CCP §335.1) or six months for government claims (Gov. Code §911.2).
• Burbank collisions on Interstate 5, SR-134, and SR-170 frequently involve uninsured or underinsured motorists.
• Your case is filed at Burbank Courthouse, 300 East Olive Avenue, Burbank, CA 91502, Los Angeles County North Central District.

Burbank drivers navigate some of Los Angeles County's busiest corridors daily—Interstate 5, State Route 134, and State Route 170 merge near the city, and Victory Boulevard and Olive Avenue see constant traffic. Despite California's mandatory insurance laws, a significant percentage of drivers carry no coverage or only the state minimum.

When an uninsured or underinsured driver causes a car accident in Burbank, victims often discover the at-fault party has no assets to satisfy a judgment. Understanding your own policy's UM/UIM provisions and California's reporting requirements becomes essential to securing compensation for medical bills, lost wages, and pain and suffering.

California's uninsured and underinsured motorist coverage requirements

California Vehicle Code §16056 mandates that every auto insurer offer uninsured motorist (UM) and underinsured motorist (UIM) coverage to policyholders. You may decline this protection only in writing. UM coverage applies when the at-fault driver has no insurance; UIM coverage applies when the at-fault driver's liability limits are insufficient to cover your damages. Both types of coverage mirror your liability limits unless you affirmatively waive or reduce them.

Effective January 1, 2025, California's minimum liability limits increased to $30,000 per person, $60,000 per accident for bodily injury, and $15,000 for property damage under SB 1107. If the at-fault driver carries only this minimum and your injuries exceed $30,000, your UIM coverage bridges the gap. Many Burbank collisions on the Golden State Freeway or Ventura Freeway result in severe injuries requiring transport to Huntington Hospital in Pasadena, a Level II trauma center, and medical bills often exceed these minimums within days.

How to recover when the at-fault driver has no insurance or inadequate coverage

Your first step is to confirm the at-fault driver's insurance status by exchanging information under Vehicle Code §16025. If the driver has no proof of insurance, file an SR-1 report with the California DMV within 10 days as required by Vehicle Code §16000, and a written report to local police or the California Highway Patrol within 24 hours of an injury crash per Vehicle Code §20008. Notify your own insurer immediately and open a UM or UIM claim under your policy.

UM and UIM claims function much like third-party liability claims, but your insurer becomes the opposing party. You must prove the other driver was at fault and quantify your damages: medical expenses, lost income, future care needs, and noneconomic losses. California's pure comparative negligence rule applies; even if you bear partial fault, you may recover damages reduced by your percentage of responsibility. If your insurer disputes liability or offers an inadequate settlement, you may file suit within the two-year deadline noted in CCP §335.1.

Deadlines, government claims, and litigation in Burbank

California Code of Civil Procedure §335.1 requires you to file a personal injury lawsuit within two years of the collision date. If a government vehicle or employee caused the accident—such as a Burbank city truck on San Fernando Boulevard or a Caltrans maintenance vehicle on SR-170—Government Code §911.2 imposes a six-month administrative claim deadline before you may file suit. Missing either deadline typically forfeits your right to compensation, regardless of the severity of your injuries.

If litigation becomes necessary, your case is filed in the North Central District of Los Angeles Superior Court at Burbank Courthouse, 300 East Olive Avenue, Burbank, CA 91502. Discovery includes your medical records, employment documents, repair estimates, and often expert testimony on future care costs. Your own insurer has a duty of good faith and fair dealing, so bad-faith tactics—unreasonable delays, lowball offers without investigation, or refusal to communicate—may give rise to additional damages beyond the policy limits.

Local details

Burbank sits in Los Angeles County, and personal injury cases arising here are heard in the North Central District at Burbank Courthouse, 300 East Olive Avenue, Burbank, CA 91502. Major collision corridors include Interstate 5 (Golden State Freeway), State Route 134 (Ventura Freeway), State Route 170 (Hollywood Freeway), Victory Boulevard, Olive Avenue, and San Fernando Boulevard. High-speed crashes on these routes often require advanced trauma care; the nearest designated trauma center is Huntington Hospital at 100 West California Boulevard, Pasadena, CA 91105, a Level II facility.

When an uninsured or underinsured driver injures you on one of these roads, documenting the scene, preserving witness statements, and notifying your insurer promptly strengthens your UM or UIM claim. Filing deadlines—two years under CCP §335.1 for personal injury, six months under Government Code §911.2 for government claims—are strictly enforced. Your case will be resolved either through negotiation with your own carrier or, if necessary, litigation at Burbank Courthouse.

Frequently Asked Questions

What if I don't have UM or UIM coverage on my policy?

If you waived UM/UIM coverage in writing, you cannot recover from your own insurer. You may still sue the at-fault driver personally under CCP §335.1, but collecting a judgment from an uninsured or underinsured defendant is often impractical. California law requires insurers to offer UM/UIM protection, so review your policy declarations page and confirm your coverage limits before any collision occurs.

Can I sue both the at-fault driver and my own insurer?

Yes. You may pursue a liability claim against the at-fault driver and simultaneously file a UIM claim with your own carrier if the driver's limits are insufficient. Any recovery from the at-fault driver's policy typically reduces your UIM entitlement dollar-for-dollar. Your attorney coordinates both claims to maximize total recovery, and both must be resolved within the two-year statute of limitations under CCP §335.1.

Does my insurance premium increase if I file a UM or UIM claim?

California law generally prohibits insurers from raising your premium solely because you file a UM or UIM claim when you were not at fault. However, policy language and underwriting practices vary. Review your policy's renewal and surcharge provisions, and consult counsel if your insurer threatens a rate increase after you report a collision caused by an uninsured or underinsured driver.

What if the collision involved a hit-and-run driver on the 134 or I-5?

Hit-and-run accidents qualify as uninsured-motorist events under California law. File a police report immediately, notify your insurer, and submit an SR-1 to the DMV within 10 days per Vehicle Code §16000. Your UM coverage applies even when the at-fault driver is never identified, provided you meet your policy's notice and cooperation requirements and pursue the claim within two years under CCP §335.1.

Related reading

• Car Accident Practice
• Burbank Car Accident Lawyer
• What Should I Do Immediately After a Car Accident in Pasadena, CA?
• What Should I Do Immediately After a Car Accident in La Mirada, CA? | Legal Guide

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