# San Jose Uninsured and Underinsured Motorist Claims Canonical: https://sanjosecacaraccidentlawyer.com/uninsured-underinsured-motorist/ Reviewed by Andrew Ronald Gillin; reviewed 2026-11-05. Uninsured and underinsured motorist coverage address different insurance problems. Your declarations page is a starting point, not the whole policy. ## Uninsured versus underinsured motorist coverage Uninsured motorist coverage may address a qualifying crash with a driver who has no applicable insurance. Underinsured motorist coverage raises questions when the other driver’s liability limits are too low under the policy and statute. Each coverage has conditions, and a damages claim is separate from an available payment source. Sources: [Insurance Code section 11580.2](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS§ionNum=11580.2.); [California DMV insurance requirements](https://www.dmv.ca.gov/portal/vehicle-registration/insurance-requirements/) ## Why policy limits may not add together Ask for the full policy, endorsements, coverage letters, and information about any payment already offered. Do not assume two policy limits stack. Before a release is signed, a lawyer can check whether it could affect other rights, required consent, or a claim involving your own insurer. Sources: [Insurance Code section 11580.2](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS§ionNum=11580.2.); [California DMV insurance requirements](https://www.dmv.ca.gov/portal/vehicle-registration/insurance-requirements/) ## Records to check before signing a settlement release For a useful review, keep the following information together. You do not need to enter it on this website. - The sequence of the crash and what you personally saw. - Report, witness, photo, and lawful video information. - Policies, coverage letters, and any release or offer you received. Sources: [Insurance Code section 11580.2](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS§ionNum=11580.2.) ## Court decisions about san jose uninsured and underinsured motorist claims ### Hartford Fire Ins. Co. v. Macri (1992) 4 Cal.4th 318, pp. 323–329. No insurance and too little insurance are different problems. The court held that some coverage rules differ too. Limits: Read the current law and policy. Do not assume the same steps apply to both kinds of coverage. [Read the opinion](https://law.justia.com/cases/california/supreme-court/4th/4/318.html) ### Bouton v. USAA Casualty Ins. Co. (2008) 43 Cal.4th 1190, pp. 1193–1202. Some coverage questions belong in court. They differ from the fault and money issues a policy sends to arbitration. Limits: This does not prove that a given person is covered. The policy, law, and kind of dispute matter. [Read the opinion](https://scocal.stanford.edu/opinion/bouton-v-usaa-casualty-ins-co-33165/) ## Related resources - [California 30/60/15 Auto Insurance Limits](https://sanjosecacaraccidentlawyer.com/california-law/insurance-limits/) - [California Crash Insurance Coverage Explainer](https://sanjosecacaraccidentlawyer.com/tools/coverage-explainer/) - [San Jose Hit-and-Run Crashes: Reports, Evidence, and Coverage](https://sanjosecacaraccidentlawyer.com/hit-and-run/) - [Contact GJEL About a San Jose Car Accident](https://sanjosecacaraccidentlawyer.com/contact/) ## Legal and agency sources - [Insurance Code section 11580.2](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS§ionNum=11580.2.) - [California DMV insurance requirements](https://www.dmv.ca.gov/portal/vehicle-registration/insurance-requirements/) - [Hartford Fire Ins. Co. v. Macri (1992) 4 Cal.4th 318](https://law.justia.com/cases/california/supreme-court/4th/4/318.html) - [Bouton v. USAA Casualty Ins. Co. (2008) 43 Cal.4th 1190](https://scocal.stanford.edu/opinion/bouton-v-usaa-casualty-ins-co-33165/) General information, not legal advice. Examples are hypothetical.