Injured by an uninsured driver in Bakersfield, CA? Contact a Bakersfield uninsured motorist accident lawyer to seek compensation.
About one in six drivers on California roads carries no insurance, and many more carry only the state minimum of $30,000 per person, an amount that is quickly exhausted once a serious injury reaches an emergency room. When one of those drivers hits you, the person you need to collect from is often your own insurance company. The same insurer who took your premiums for years now has a financial interest in paying you as little as possible, and policy language you never read becomes the battleground.
At Kuzyk Personal Injury & Car Accident Lawyers, we represent injured people in Kern County and focus exclusively on claimants, never insurance companies. If you were hit by an uninsured driver, you likely have an uninsured motorist (UM) claim against your own policy, and if the other driver’s coverage fell short, you may have an underinsured motorist (UIM) claim. Drivers, passengers, pedestrians, and cyclists can all qualify, and UM and UIM coverage is automatically included in most California auto policies unless you signed a written rejection. We prepare every case from the first call as if it will go to arbitration, because that preparation is what moves the number.
Get a free consultation and discover how our uninsured motorist accident attorneys in Bakersfield can help you seek the compensation and justice you deserve.
What Does UM and UIM Cover?
Your UM or UIM policy steps in where the at-fault driver’s coverage falls short. It can compensate you for:
- Medical bills: Emergency care, surgery, rehabilitation, and future treatment you may need
- Lost wages: Pay you missed during recovery and any long-term reduction in your earning capacity
- Pain and suffering: Physical pain and emotional distress caused by the crash
- Wrongful death: Funeral costs and loss of financial support when an accident is fatal
This is coverage you paid for. We help you get the full value from it.
Does a Hit and Run Count as Uninsured?
Yes. California treats a driver who flees the scene the same as one with no insurance.
In California, a UM claim against an unidentified driver requires physical contact between that vehicle and you or the vehicle you were in, so a phantom vehicle that caused the crash without making contact generally does not qualify. The crash must also be reported to the police or CHP within 24 hours, and a sworn statement must be filed with your insurer within 30 days.
One pattern we consistently see in Bakersfield hit and run claims is that the 24 hour reporting window gets missed because the crash happened late at night on Union Avenue or Golden State Avenue and the injured driver went straight to the hospital. When the Bakersfield Police Department or the CHP Bakersfield Area office has no report on file, the insurer has an easy reason to deny the UM claim. We make sure the report and the sworn statement to the insurer are handled before those deadlines pass.
What to Do After a Crash With an Uninsured Driver
The actions you take in the hours after an accident directly affect your claim. Your own insurer will investigate everything, and missing details give them grounds to reduce your recovery.
Call 911 and Seek Medical Care
Even if you feel fine, get checked out. Some injuries, especially soft-tissue damage and head trauma, take hours or days to produce symptoms. Emergency response records and hospital notes document your condition from the moment the crash occurs.
Photograph the Scene and Talk to Witnesses
Use your phone to capture all vehicle damage, road conditions, debris, and nearby landmarks. Get the name and phone number of anyone who saw the crash. Independent witnesses are especially important in hit-and-run cases where there’s no at-fault driver to confirm the facts.
Notify Your Insurer but Don’t Give a Recorded Statement
Report the accident to your insurance company promptly. But you are not required to give a recorded statement before speaking with an attorney. Adjusters are trained to find inconsistencies, and a casual comment can become a reason to deny your claim.
“One of the worst things somebody not represented by an attorney can do is give a statement to the insurance company. They’re professionals at asking questions in order to trap you and make your case look bad.” – Mark Anderson
Bring Your Policy Declarations Page to Your Consultation
The declarations page summarizes your coverage limits and any resident-relative provisions, which can extend coverage to you through a family member’s policy. We read all of it carefully.
Follow Through on Your Medical Treatment
Any gap in treatment becomes a tool for your insurer to argue your injuries aren’t serious. Attend every appointment and follow your doctor’s recommendations without interruption.
Call (661) 945-6969. We’re available 24/7 for a free case review.
How UM and UIM Claims Work in California
When you file a UM or UIM claim, your own insurance company becomes the opposing party. They step into the role of the at-fault driver and argue against paying you the full value of your damages.
We prepare a detailed demand package documenting your injuries, treatment history, lost wages, and pain and suffering. Your insurer reviews it and responds, almost always with a number well below what your case is actually worth. If negotiations stall, we don’t go to a jury trial. UM and UIM disputes in California are resolved through arbitration, a private hearing before a neutral decision-maker. Knowing how to build a claim for arbitration is a core part of why having an experienced attorney changes what you recover.
“An uninsured motorist case is generally going to be more fair than a jury trial. It’s quicker, it’s more predictable, and it’s usually a fair way to go.” – Mark Anderson
How Much Is a UM or UIM Claim Worth?
Your policy limits are the ceiling on what your insurer will pay. How close you get to that ceiling depends on your evidence, the severity of your injuries, and whether your attorney is prepared to take the claim all the way through arbitration.
Insurers almost always open with a low offer to test whether you know what your case is worth. Every case turns on its own facts, but the outcomes below reflect what changes when your insurer knows you’re prepared to fight.
In one case we handled, our client injured her shoulder in a crash caused by an uninsured motorist. Her own insurance company denied that the accident caused the need for shoulder surgery and offered only $11,000. The case settled at arbitration for the maximum policy limits of $50,000. In another, a client injured in a rollover caused by an uninsured motorist could not get her own insurer to offer more than $35,000. We demanded arbitration, and the case settled for $76,575.
Evidence That Wins UM and UIM Claims
Because your own insurer is looking for reasons to reduce your payout, evidence gathered early carries more weight in UM and UIM cases than in most personal injury claims. We move fast to preserve it.
Police Reports and 911 Audio
The police report creates the official record of the crash. Recorded 911 calls often contain immediate, unguarded witness accounts that are difficult for an insurer to dispute later.
Surveillance Video and Vehicle Data
We promptly send legal preservation letters to nearby businesses to secure any available footage before it’s overwritten. Event data recorder (EDR) information, the vehicle’s black box, captures speed, braking, and impact data in the seconds before a collision.
Witness Statements
We interview witnesses while details are still fresh and put their accounts in writing. A dated, signed statement locks in their testimony and prevents your insurer from suggesting the facts are unclear.
Deadlines for UM and UIM Claims in California
Certain situations require faster action:
- Hit-and-run accidents: A police report must be filed within 24 hours of the incident
- Government vehicles or roads: A formal claim against a public entity must be filed within six months.
Missing these deadlines can permanently eliminate your right to recover, no matter how strong your case is. Call us before you assume you have more time.
“Kuzyk made it simple and straight to the point. I brought in all necessary documents and they began working on my case immediately. If you have no idea where to start after being involved in accident, definitely start with Kuzyk!!” – Mary J.
Other Coverage We Find for Clients
When injuries are serious, your UM policy limits alone may not be enough. We conduct a full coverage audit on every case before it closes.
- Medical Payments Coverage (Med Pay): A no-fault part of your auto policy that helps cover early medical bills regardless of who caused the accident.
- Resident-relative policies: If a family member in your household has UM coverage, you may qualify as an insured under their policy
- Employer or commercial policies: If you were in a company vehicle at the time of the crash, your employer’s commercial coverage may apply
- Umbrella policies: Some clients carry excess liability coverage that significantly increases the total funds available above their primary auto limits
“Insurance companies want to hold onto their money as long as they can, and as much of it as they can.” – Mark Anderson
How Your Own Insurer Handles UM Claims
Once you file a UM claim, your insurance company assigns an adjuster whose job is to pay you as little as possible. They use the same tactics on their own policyholders that they use when fighting third-party claims.
Expect them to request a recorded statement to find inconsistencies in your account, arrange an independent medical exam with a doctor hired by the insurer to challenge your injuries, and drag out the process hoping you’ll accept less out of frustration. We take over all communication with your insurer directly. They deal with us, not you.
A tactic we see repeatedly from insurers handling UM claims in Bakersfield is an independent medical exam with a doctor the insurer chose, scheduled before the client has finished treating at Kern Medical or Bakersfield Memorial Hospital. The exam report then becomes the insurer’s main argument at arbitration. We make sure the treating records, imaging, and physician narratives are complete before that exam happens, so the arbitrator sees the full medical picture and not just the insurer’s version.
Why Hire a Bakersfield Uninsured Motorist Accident Attorney?
Since 1971, we have represented injured people throughout Bakersfield and the surrounding Kern County area. We have never taken an insurance-defense case. Our only client is the injured person, every case, every time.
We prepare every UM and UIM matter as though it will go to arbitration starting with the first call. That preparation shifts the negotiation before it even begins. Insurers know when they’re facing a firm that won’t accept the first number they put on the table.
Real advocacy is not loud.
It is precise. It is prepared.
And it is built to protect your recovery.
“Working with Kuzyk Law was a tremendous relief because they immediately stepped in and handled everything with such care and expertise, and I instantly felt like I had a strong team on my side. They were always available to answer my questions, which made the whole process feel much less overwhelming, and they consistently kept me informed so I never felt left in the dark. Their determination to fight for my best interests was evident from start to finish, and I am beyond thankful for the outcome they achieved.” – Kate S.
How We Maximize Your Net Recovery
The gross settlement figure means nothing if it’s eroded by liens, fees, and costs before you see it. We focus on your net recovery, which is what you actually keep.
- Lien negotiation: We push hospitals and health insurers to accept reduced repayment from your settlement
- Transparent fee accounting: Every dollar is accounted for in writing at disbursement, with no hidden deductions
- No predatory legal funding: We advise clients away from high-interest cash advances that compound against their final recovery
- Arbitration-ready preparation: Cases built for a fight resolve at higher amounts than those that settle under pressure
Winning matters. But what you keep matters more.
“I couldn’t be more grateful for Kuzyk Law because from the moment I reached out, they treated me with compassion and professionalism, and they truly took the time to understand my situation, which made me feel heard and supported. Not only did they keep me updated throughout the entire process, but they also explained every step in a way that was easy to understand, which gave me so much peace of mind. Thanks to their dedication and hard work, I was able to focus on healing while they fought to get me the compensation I deserved.” – Ken A.
Frequently Asked Questions About UM and UIM Claims
Will My Premiums Go Up if I File a UM Claim for an Accident That Was Not My Fault?
No. California law prohibits insurers from raising your rates, canceling your policy, or refusing renewal because you filed a UM or UIM claim for an accident where you were not at fault.
Can I File a UM Claim if I Was a Pedestrian or Cyclist Hit by an Uninsured Driver?
Yes. Your own auto policy, or a resident family member’s policy, can cover you even when you weren’t in a vehicle at the time of the accident.
How Does UIM Coverage Work if the At-Fault Driver Had Some Insurance?
UIM pays the gap between what the at-fault driver’s policy covers and the full value of your damages, up to your own UIM policy limit.
Do I Have to Give My Own Insurance Company a Recorded Statement After Filing a UM Claim?
You’re required to cooperate with your insurer, but giving a recorded statement before speaking with an attorney puts your claim at serious risk, and you don’t have to do it alone.
Can the Med Pay Reimbursement Obligation Be Reduced at Settlement?
Med Pay is typically subject to repayment from your settlement, but terms vary by policy. We review your specific policy language to determine whether that obligation can be negotiated down or waived.
What Happens if I Miss the Two-Year Deadline to File for UM Arbitration?
Missing the arbitration deadline typically eliminates your right to recover through your UM coverage entirely, regardless of how strong your underlying case is.
Call (661) 945-6969 for a free consultation, with no fee unless we win. We answer 24/7 in English and Spanish.
Kuzyk Personal Injury & Car Accidents Lawyers is proud to support the Antelope Valley community. Over the years, we have received awards and certificates of appreciation from local organizations and charitable partners, including area schools and youth sports programs such as Quartz Hill Little League, Palmdale Youth Soccer League, Quartz Hill soccer, Quartz Hill High School basketball, and local football programs, as well as community institutions like Grace Resource Center, Antelope Valley Hospital, and the Los Angeles County Sheriff’s Department.