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Uninsured Driver Car Accident Claims in Encino
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If an uninsured or underinsured driver causes a car accident in Encino, you may recover damages through your own uninsured motorist (UM) or underinsured.
When an uninsured or underinsured driver injures you in an Encino car accident, you may recover damages through your own uninsured motorist (UM) or underinsured motorist (UIM) coverage if you accepted it when you purchased your policy. California Vehicle Code §16056 requires insurers to offer UM/UIM coverage equal to your liability limits unless you waive it in writing.
If an uninsured or underinsured driver causes a car accident in Encino, you may recover damages through your own uninsured motorist (UM) or underinsured motorist (UIM) coverage. California Vehicle Code §16056 requires insurers to offer UM/UIM coverage, and you must waive it in writing if you decline. You have two years under CCP §335.1 to file suit.
Key takeaways
- Your UM/UIM policy covers injuries from uninsured drivers on U.S. 101 or Interstate 405 in Encino.
- File a personal injury claim within two years (CCP §335.1) or six months if a government entity is involved (Gov. Code §911.2).
- Van Nuys Courthouse East at 6230 Sylmar Avenue hears UM/UIM disputes filed in Los Angeles County.
- California's January 2025 minimum liability increase to 30/60/15 leaves many drivers underinsured.
Encino drivers face significant risk every day on the Ventura Freeway and along Ventura Boulevard. Despite California's mandatory insurance laws, the Insurance Research Council estimates that more than one in seven drivers nationwide lacks coverage. When an uninsured or underinsured motorist causes a collision near Balboa Boulevard or White Oak Avenue, your own policy may be your primary source of recovery for medical bills, lost wages, and pain and suffering.
Understanding car accident claims against uninsured or underinsured drivers requires knowledge of California's unique insurance requirements, the deadlines enforced by Van Nuys Courthouse East, and the practical realities of pursuing compensation in Los Angeles County. This guide explains how UM/UIM coverage works, what steps to take after a crash, and when you may need to file suit to protect your rights.
How uninsured and underinsured motorist coverage works
Uninsured motorist coverage compensates you when the at-fault driver has no liability insurance or flees the scene as a hit-and-run. Underinsured motorist coverage applies when the other driver's policy limits fall short of your damages. Both coverages pay for medical expenses, lost income, and noneconomic losses such as pain and suffering. Vehicle Code §16056 mandates that insurers offer UM/UIM limits equal to your own liability limits, though you may reject the coverage in a signed waiver.
California increased its minimum liability requirement to 30/60/15 effective January 1, 2025, meaning $30,000 per person, $60,000 per accident for bodily injury, and $15,000 for property damage. Many drivers still carry only the minimum, leaving them underinsured when a serious crash at the I-405 interchange with U.S. 101 sends victims to Dignity Health Northridge Hospital Medical Center. If your medical bills exceed the at-fault driver's $30,000 per-person limit, your UIM policy bridges the gap, subject to your own policy limits.
Steps to take after a collision with an uninsured or underinsured driver
Exchange information at the scene as required by Vehicle Code §16025, even if the other driver admits having no insurance. Photograph license plates, driver's licenses, and vehicle damage. Call 911 if anyone is injured; under Vehicle Code §20008, you must file a written report with the California Highway Patrol or local police within 24 hours of an injury crash. Emergency responders will transport seriously injured victims to Dignity Health Northridge Hospital Medical Center, the nearest Level II trauma center to Encino.
File an SR-1 report with the California Department of Motor Vehicles within 10 days if the collision caused more than $1,000 in damage or any injury, as required by Vehicle Code §16000. Notify your own insurer promptly and request UM or UIM benefits if the other driver is uninsured or underinsured. Gather medical records, repair estimates, and wage-loss documentation to substantiate your claim. Your insurer will investigate fault and damages before making an offer, and you retain the right to dispute the valuation or denial through arbitration or litigation.
Filing deadlines and pursuing a lawsuit if necessary
California Code of Civil Procedure §335.1 imposes a two-year statute of limitations for personal injury claims, measured from the date of the collision. A claim against a public entity generally must be presented within six months. If that deadline is missed, a claimant may be able to seek permission to file late or petition for court relief; eligibility and timing are limited, and relief is not guaranteed. These deadlines apply equally to UM/UIM claims, because litigation becomes necessary when your insurer denies coverage or offers inadequate compensation.
If you cannot reach a fair settlement, you may file suit in the Northwest District of the Los Angeles Superior Court; Van Nuys Courthouse East at 6230 Sylmar Avenue hears cases arising in Encino. UM/UIM disputes often involve arbitration clauses in the policy, but a court retains jurisdiction to confirm or vacate the arbitration award. Punitive damages under Civil Code §3294 are available against the at-fault driver if malice, oppression, or fraud caused the collision—such as a DUI crash—but UM/UIM carriers typically do not pay punitive awards, limiting recovery to compensatory damages only.
Local details
Encino sits in the San Fernando Valley portion of Los Angeles County, where traffic converges on U.S. 101, the Ventura Freeway, and Interstate 405, the San Diego Freeway. Ventura Boulevard, Balboa Boulevard, and White Oak Avenue carry heavy commuter and commercial traffic, and multi-vehicle collisions are common during peak hours. When a crash occurs, injured occupants may be transported to Dignity Health Northridge Hospital Medical Center at 18300 Roscoe Boulevard in Northridge, a Level II trauma center equipped to handle severe injuries.
Legal proceedings for uninsured or underinsured motorist claims filed in Encino take place at Van Nuys Courthouse East, located at 6230 Sylmar Avenue, Van Nuys, CA 91401, part of the Northwest District of the Los Angeles Superior Court. The court hears personal injury cases, arbitration confirmations, and coverage disputes. Filing deadlines are strict: two years for personal injury under CCP §335.1 and six months for claims against government entities under Government Code §911.2. Missing either deadline ends your right to recover, so calendar every date from the day of the collision.
Frequently Asked Questions
What if I never purchased UM/UIM coverage?
If you declined uninsured or underinsured motorist coverage in writing, you cannot make a UM/UIM claim against your own insurer. Your only remedy is to sue the at-fault driver personally, but collecting a judgment from an uninsured defendant is often impractical. California law requires insurers to offer UM/UIM coverage at the time you buy or renew a policy, so review your declarations page to confirm whether you accepted or waived it.
Can I recover property damage through UM/UIM coverage?
California uninsured motorist coverage traditionally applies only to bodily injury. Some policies include uninsured motorist property damage (UMPD) coverage, but it is optional and less common. If your vehicle was damaged by an uninsured driver on the I-405 near Encino, your collision coverage usually provides the primary source of repair funds, subject to your deductible. The three-year statute of limitations under CCP §338 governs property damage claims.
How does California's comparative negligence rule affect UM/UIM claims?
California applies pure comparative negligence, meaning your recovery is reduced by your percentage of fault even in a UM/UIM claim. If you were 30 percent at fault for a collision at Ventura Boulevard and Balboa Boulevard, your damages are reduced by that proportion. Your insurer may assert comparative fault to limit its payout, so documenting the other driver's violation—speeding, running a red light, or driving without a license—is critical.
What happens if the at-fault driver left the scene?
A hit-and-run collision on U.S. 101 in Encino qualifies as an uninsured motorist claim if the fleeing driver is never identified. You must report the crash to the California Highway Patrol and to your insurer. Your UM coverage applies, and the two-year deadline under CCP §335.1 begins running from the date of the collision, not the date the driver is found. Preserve any dash-cam footage, witness statements, and traffic-camera records to support your claim.
Related reading
- Car accident practice area
- Encino car accident page
- What Should I Do Immediately After a Car Accident in La Mirada, CA?
- What Should I Do Immediately After a Car Accident in Pasadena, CA?
- What Should I Do Immediately After a Car Accident in Culver City, CA?
Sources
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Attorney advertising. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.