Hit by an Uninsured Driver in California? Your Rights Explained
Focus Keyphrase: uninsured driver accident California
It’s a situation no one wants: you’re involved in a crash, only to discover the other driver has no insurance. If you’ve experienced an uninsured driver accident in California, don’t panic—you still have legal options to recover damages. This guide covers what to do immediately after the crash, how insurance laws work, and when to contact a personal injury lawyer.
Is Driving Without Insurance Illegal in California?
Yes. California law requires all drivers to carry minimum liability insurance:
- $15,000 for injury/death to one person
- $30,000 for injury/death to more than one person
- $5,000 for property damage
Despite this, it’s estimated that nearly 17% of California drivers are uninsured. If one of them hits you, they’re still liable—you just can’t collect through their non-existent insurance policy.
What to Do After an Uninsured Driver Accident in California
- Call the police – File an official report to document the uninsured status and obtain a report for your claim.
- Exchange information – Even if the driver lacks insurance, get their contact details and vehicle registration.
- Take photos – Document vehicle damage, the accident scene, and any injuries.
- Seek medical attention – You’ll need medical records to support a personal injury claim.
- Notify your insurer – Promptly report the incident to begin the claim process.
Do not accept cash offers or under-the-table deals from the uninsured driver. It could jeopardize your legal case.
Using Your Own Insurance: UM/UIM Coverage
If you carry Uninsured/Underinsured Motorist (UM/UIM) coverage, you can file a claim with your own insurer. This coverage is optional in California, but highly recommended. It typically pays for:
- Medical expenses
- Lost income
- Pain and suffering
- Property damage (if you have UMPD coverage)
Even though you’re dealing with your own insurer, they may still try to minimize your payout. Legal support can help ensure you’re treated fairly.
What If You Don’t Have UM Coverage?
If you don’t have UM/UIM insurance, options are more limited, but you may still be able to:
- Sue the uninsured driver personally – This is risky, as they may not have assets to pay a judgment.
- Use MedPay or collision coverage – These policies cover injuries or damage regardless of who’s at fault.
- Access California’s Crime Victim Compensation Program – In some cases, this fund can assist when traditional routes fail.
Statute of Limitations for Uninsured Accident Claims
In California, the time limits to file a claim are:
- 2 years for personal injury claims
- 3 years for property damage claims
- Shorter deadlines may apply for UM/UIM claims—check your policy!
Missing these deadlines means you lose the right to compensation—even if liability is clear.
Can You Sue for Pain and Suffering?
Yes—if you have UM/UIM coverage or successfully sue the driver. These damages cover emotional trauma, stress, anxiety, and reduced quality of life due to the accident.
If you only have MedPay or collision, those typically don’t include pain and suffering—you’ll need to explore broader legal action.
Real Case Example: UM Coverage Pays Out
One of our clients was rear-ended in Los Angeles by an uninsured driver. Thanks to their UM policy, we recovered $185,000 to cover medical expenses, time off work, and pain and suffering—despite the other driver having no assets.
Why You Need a Personal Injury Lawyer
Insurance companies—even your own—will often try to underpay UM/UIM claims. A skilled attorney can:
- Gather evidence to support your claim
- Negotiate with your insurer
- File suit if needed to force a fair settlement
