March 24, 2023
How Long Do You Have To File An Underinsured Claim?

The reality is that almost anyone who has been injured in an accident may need to bring a lawsuit in order to receive compensation for their injuries. We frequently see clients suffering serious economic losses due to the cost of medical care as well as lost income when they can’t immediately return to work. When the at fault driver doesn’t have adequate insurance, you might need to use your underinsured motorist insurance to receive compensation.

It’s helpful to first understand what underinsured automobile insurance coverage is along with when someone might need to use it. Underinsured motorist coverage helps protect you financially if you’re in an accident with someone whose policy limits aren’t high enough to cover the damage to your vehicle and your medical bills. Sometimes uninsured and underinsured motorist coverage are bundled together.

Under California law, any person who registers a car must buy minimum liability insurance. This means;

  • At least $15,000 for the injury/death of one person per accident
  • At least $30,000 for the injury/death of more than one person in a single accident
  • At least $5,000 for property damage per accident

The reality is many accidents easily exceed this amount of damage. If you suffer a traumatic brain injury you could be out of commission for four or five months or longer and unable to work. In addition to thousands of dollars in medical care, you could lose out on your income. The damages in many accidents exceed this amount of coverage.

The same holds true if a loved one dies in a car accident. Under California law you can receive compensation for loss of companionship as well as for wages your loved one would have earned had they lived. These amounts almost always exceed $15,000. The California uninsured motorist statute requires that your insurer offer you underinsured motorist insurance and you must decline it in writing. If you opted to carry underinsured motorist coverage you will be able to receive more insurance benefits for your bodily injuries.

In California the uninsured motorist statute of limitations is typically 2 years from the date of the accident. Anyone making a claim for uninsured motorist coverage benefits must do one a claim for uninsured motorist coverage benefits, you must do one of the following within 2 years to comply with Insurance Code:

  • File a lawsuit against the underinsured motorist in court.
  • Reach an agreement to the amount due.
  • Formally institute arbitration proceedings by sending a notice to the insurer in writing, certified mail, return receipt requested.

Make sure to comply with this rule, otherwise you will not be able to receive compensation for your injuries. If you have questions about your rights, please call our office for a free consultation.

We represent people who are injured because of the careless and reckless acts of others.  At the end of the day your case can only be settled one time and you need to know all of the facts beforehand. The reason that insurance companies have paid our clients in excess of $130,000,000.00 is that we get the facts and are not intimidated at the prospect of going to trial when insurance companies fail to offer full compensation. A Sacramento personal injury lawyer can help with serious injuries that require serious representation. We are the Law Offices of Guenard & Bozarth, LLP. Our attorneys have more than 60 years of experience specializing in only representing injured people. Call GB Legal 24/7/365 at 888-809-1075 or contact Guenard & Bozarth online. We would be honored to represent you!






Guenard & Bozarth llp obtained a $2,962,903 jury verdict in the Sacramento County Superior Court for plaintiff David Schoonover, who suffered head and neck injuries and fractures in a head-on accident on Roseville Road in Roseville on July 22, 2012




Guenard & Bozarth LLP recently settled a case for $300,000 involving a hair weave that went terribly wrong. Our client was a young lady, and aspiring model, who experienced pressure necrosis from a tight weave and it changed her life.




Guenard & Bozarth LLP recently settled a slip and fall case for $500,000 a couple weeks before trial. The client slipped and fell on a wet piece of cardboard in a grocery store and sustained a serious shoulder injury that required surgery.




On February 13, 2013 Maricela, a Certified Nursing Assistant presented to Santa Barbara Cottage Hospital Emergency Room with complaint of neck and back pain. She was diagnosed with a neck strain and was given Ibuprofen and instructed to return if her symptoms did not subside.


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Never in my life did I think I would recommend an attorney. Somehow God sent this angel of an attorney to assist me in my personal injury lawsuit. I was told by lawyers in Bakersfield that my lawsuit was frivolous because there was money in it.
– Bill
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I live in Elk Grove where we don’t always have a lot of choices. Lawyers are one area where we have few good choices. I wanted to work with a local law firm after my motorcycle accident, and I chose Glenn Guenard and Ross Bozarth.
– Lloyd
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My daughter was involved in an automobile accident in an intersection on her 17th birthday. The other person said it was her fault and my daughter said her light was green. I am not the sort of person who sues but my insurance
– Sharon
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