🛡️ UM/UIM Insurance Bad Faith — California Insurance Law

UM/UIM Insurance Bad Faith Lawyer California Your Own Insurer Refusing to Pay · UM Delays · Policy Stacking | Gonzales Law Offices | CA Bar #249340

Uninsured/underinsured motorist (UM/UIM) bad faith is perhaps the most common — and most outrageous — form of insurance bad faith in California. You paid premiums for years specifically so your own insurer would protect you when an uninsured or underinsured driver hurt you. When they refuse, delay, or pay a fraction of what you are owed, they commit bad faith against their own policyholder. Mark Gonzales, Esq. (CA Bar #249340) — a former insurance defense attorney — enforces California Insurance Code §790.03 and recovers Brandt fees, emotional distress, and punitive damages. Free consultation 24/7. No fee unless we win.

📞 Call 909-587-6336 — Free Consultation Available 24/7 · Nights · Weekends · Holidays No Fee Unless We Win 💬 Text 909-587-6336 — Instant Free Case Review

Types of UM/UIM Bad Faith

Types of UM/UIM Insurance Bad Faith We Handle

Not every insurer bad faith case is the same. Here are the specific uninsured/underinsured motorist insurance bad faith scenarios we handle most often in California:

UM Claim Denial Despite Clear Liability

Denying a UM claim when an at-fault driver is clearly uninsured and your damages are documented is textbook bad faith. Your insurer steps into the uninsured driver's shoes — and cannot use defenses the uninsured driver would not have.

UIM Undervaluation of Damages

Offering far below documented losses to underinsured victims. When your insurer offers $15,000 on a $300,000 injury because 'the policy only has $25,000' — that is not a defense. If your UIM limits are higher, they must pay up to those limits.

Requiring Arbitration to Delay

Demanding arbitration to create delay when liability is clear. While California allows UM/UIM arbitration, using it as a delay tactic when the claim should be promptly paid is bad faith.

Independent Medical Exam Manipulation

Scheduling multiple IMEs that consistently deny the severity of your injuries. When an insurer's hand-picked doctors contradict your treating physicians without objective basis, that is evidence of bad faith.

Exhaustion Requirement Disputes

Requiring you to prove you exhausted the at-fault driver's policy before paying UIM — even when that is impossible in hit-and-run or insolvent carrier situations.

⚖ Your Rights Under California Insurance Code §790.03

California Insurance Code §790.03 prohibits insurers from misrepresenting policy provisions, failing to acknowledge claims within 10 business days, refusing to pay without investigation, and failing to settle when liability is clear. Violations entitle you to your original claim PLUS Brandt attorney fees, emotional distress damages, and punitive damages under Civil Code §3294. Call us to evaluate your uninsured/underinsured motorist insurance denial or delay.

Case Results

UM/UIM Insurance Bad Faith Results — What We Have Recovered

These results illustrate what our bad faith litigation produces compared to what insurers initially offered. Past results do not guarantee future outcomes — each case is unique.

UM — 18-Month Bad Faith Delay

Insurer Offered$25K offered

→

We Recovered$1.1M

UIM — Documented $250K Injury

Insurer Offered$15K offered

→

We Recovered$480K

UIM + Punitive Damages

Insurer Offered$50K offered

→

We Recovered$640K

UM Hit-and-Run Bad Faith

Insurer Offered$0 offered

→

We Recovered$220K

Insurers We Fight

California UM/UIM Insurance Bad Faith Insurers We Sue

State Farm

Allstate

GEICO

Progressive

Farmers Insurance

AAA / CSAA

Liberty Mutual

Nationwide

USAA

Travelers

Anthem Blue Cross

Blue Shield of CA

Kaiser Permanente

Aetna

United Healthcare

Cigna

FAQ

Common Questions About UM/UIM Insurance Bad Faith in California

An insurer commits bad faith when it unreasonably denies, delays, or underpays a legitimate uninsured/underinsured motorist insurance claim. California Insurance Code §790.03 establishes specific prohibited practices. The key standard is "reasonableness" — an insurer that acts unreasonably without proper investigation, or that denies a claim while knowing its basis for denial is unfounded, commits bad faith. Call us for a free evaluation of your specific situation.

Yes — under Brandt v. Superior Court (1985), attorney fees incurred to recover wrongfully withheld uninsured/underinsured motorist insurance benefits are recoverable as consequential damages. The insurer pays your attorney fees when you win. Our contingency fee comes from the insurer — your recovery is not reduced by our legal fees in a successful bad faith case.

Not every disputed uninsured/underinsured motorist insurance claim is bad faith. An insurer can deny a claim in good faith if there is a genuine, reasonable dispute about coverage or damages. Bad faith requires that the insurer's position was unreasonable — that no reasonable insurer, given the facts and law, would have denied or delayed the claim as it did. The line between dispute and bad faith is often disputed itself — which is why you need an attorney who knows insurance company internal practices to evaluate your case.

We prove bad faith by obtaining the entire claim file — including internal adjuster notes, reserve amounts, supervisor directives, and claim handler communications. These documents often reveal that the insurer knew the claim had merit but denied or delayed it for financial reasons. We also retain independent claims handling experts who testify that the insurer's conduct violated industry standards. The CDI complaint process can compel early production of these files.

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Free UM/UIM Insurance Bad Faith Consultation — 24/7

Your insurer denied or underpaid your uninsured/underinsured motorist insurance claim. Mark Gonzales, Esq. — a former insurance defense attorney — reviews every UM/UIM bad faith case personally. No fee unless we win. The insurer pays our attorney fees under Brandt.

📞 909-587-6336 — Call Now, Free Available nights & weekends · Text: 909-587-6336 · Hablamos Español