What Happens If I Get Hit By Someone Without Insurance in California?

Following a serious crash, you may face a host of physical, emotional, and financial challenges. But what happens if you are hit by an uninsured driver in California and suffer an injury? California law requires all drivers to carry auto insurance, but not everyone does. However, you still have options if the other driver doesn’t have insurance. A knowledgeable accident attorney at Cutter Law P.C. can help you pursue maximum compensation.

Key Takeaways

California law requires that insurance companies offer uninsured motorist coverage.
If you are in an accident with an uninsured driver, you can file a claim under your own policy’s uninsured motorist coverage if you have it.
You can also sue the uninsured driver for your damages.
If your insurance company unreasonably refuses to pay the money it owes, you can pursue a bad faith case.

All drivers must carry auto insurance in California. However, not all drivers comply with the law. When an uninsured driver hits you and causes an injury, you may think you are stuck with the burden of your losses and medical bills. However, you have legal options, and we can help.

California requires that insurance carriers offer uninsured motorist, or UM, coverage. If you have this coverage, you can file a claim with your own insurance carrier to cover some or all of your costs related to the accident.

You can also pursue a lawsuit against the uninsured driver to recover damages. Regardless of whether they have insurance coverage, you may be able to hold them accountable. However, if they don’t have the resources to pay, speak with a knowledgeable attorney to learn your options.

An experienced California car accident lawyer can review your situation to determine fault and help locate available insurance coverages so you can get compensation for your harm. Cutter Law has more than 50 years of combined experience fighting for the rights of injury victims throughout California. Contact us today for a free consultation.

Quicklinks

What Is Uninsured Motorist Coverage?
Uninsured Motorist Coverage Requirements in California
Examples of How Uninsured Motorist Coverage Works
What Happens if My Insurance Company Acts in Bad Faith With My Uninsured Motorist Claim?
The UM Insurance Doesn’t Cover My Injuries. Can I Sue the Uninsured Driver?
Summary: 6 Steps on How To Recover Compensation After an Accident with an Uninsured Driver
Contact Cutter Law for a Free Case Review

What Is Uninsured Motorist Coverage?

California doesn’t require drivers to carry uninsured motorist coverage, but you probably have it unless you declined the coverage in writing. Uninsured motorist coverage offers protection if you are involved in an accident with an uninsured driver or are injured in a hit-and-run accident.

You must file a claim with your own insurance company to access the coverage benefits. When filing a claim and navigating this process, an experienced car accident attorney can protect your rights.

Uninsured Motorist Coverage Requirements in California

All drivers in California must carry liability insurance to cover damages should they be at fault in an accident. However, roughly 16.6 percent of California drivers are uninsured, placing the state in the top ten for most uninsured motorists, according to the Insurance Information Institute. The state’s minimum liability coverage requirements are as follows:

$15,000 bodily injury per person
$30,000 per accident for bodily injury
$5,000 in property damage

The other driver’s required liability policy limits can help cover your injuries if you have been in an accident that wasn’t your fault. If the other driver doesn’t have liability coverage as required by the state, you can pursue compensation through your own uninsured motorist policy if you have the coverage.

California requires all insurers to offer uninsured motorist coverage to policyholders. You must sign a waiver if you choose not to purchase the coverage. If you purchase uninsured motorist coverage, the state mandates insurers provide a minimum coverage level of $15,000 per person, $30,000 per accident, and $3,500 in property damage. Of course, you can purchase higher limits.

Examples of How Uninsured Motorist Coverage Works

Let’s assume David turns left into the path of a car driven by Joan, who had the right-of-way on a Sacramento street. Joan is severely injured, and her vehicle is damaged. Her medical bills total $35,000, she’s lost $10,000 in wages, and her vehicle needs $8,000 in repairs. These damages total $53,000, not including pain and suffering.

Example 1: Neither David nor Joan are insured. While Joan can sue David for her damages, there may be some risk to this approach as David may not have enough assets to cover her damages. Joan can get medical treatment through private or public health insurance and pursue disability payments through the state or her employer.
Example 2: David has minimum liability coverage. If David carries the minimum coverage required by the state, the most Joan can collect is $20,000—$15,000 for her injuries and $5,000 for the property damage—meaning she will fall short of collecting her full damages.
Example 3: David is uninsured, but Joan has uninsured motorist coverage. Even if the at-fault driver is uninsured, Joan can collect from her own uninsured motorist coverage. If she has the minimum 15/30/3.5 coverage, she can collect $15,000 for her injuries and another $3,500 for the property damage.

What Happens if My Insurance Company Acts in Bad Faith With My Uninsured Motorist Claim?

What happens when you’ve faithfully paid your premiums for years, but your insurance company doesn’t uphold their end of the contract? If the insurance company unreasonably refuses to pay your claim, you have the right to pursue legal remedies.

Under California law, insurance disputes must be submitted to arbitration. This can be a stepping stone to pursuing a lawsuit against your insurance company for bad faith, which can provide additional damages. An experienced insurance bad faith attorney can help you fight for justice.

The UM Insurance Doesn’t Cover My Injuries. Can I Sue the Uninsured Driver?

Another option is to sue the at-fault driver for your damages. You may want to consider this option if they have substantial assets or are driving on behalf of a business. In the second scenario, you may be able to sue their employer.

If they are uninsured and don’t have substantial assets, filing a lawsuit may not make sense. Even if you won and received a judgment for your full damages, the driver wouldn’t have the means to pay. Working with a seasoned personal injury lawyer can help you determine the best course of action.

6 Steps on How To Recover Compensation After an Accident with an Uninsured Driver

Car accidents can happen to anyone at any time. But what happens if the person at fault has no insurance in California?

Here are some steps for recovering compensation after an accident with an uninsured driver:

1. Gather as much information as possible.

After any vehicle accident, gather as much evidence as you can while still at the scene. Take photos and videos and collect the names and contact details of the other driver, witnesses, and anyone else involved in the accident.

2. Confirm that the driver is really uninsured.

Believe it or not, some drivers will claim they don’t have insurance when they really do. This is easy enough to verify if you have the driver’s name, license number, and license plate.

3. File a claim under your uninsured motorist policy.

If you’ve been injured in an accident with an uninsured driver, you should pursue a claim under your uninsured motorist policy. You must contact your own insurance company to file the claim. Even though you’ve paid premiums and it’s your insurance company, they may not want to pay the claim.

4. Sue the at-fault driver.

You can sue the at-fault driver for your damages, but this only makes sense if that person has the assets to pay a potential judgment.

5. Consider a third-party claim.

You should also explore all options for a third-party claim, which would be a case against responsible parties other than the at-fault driver. Such parties might include the driver’s employer, the maker of a defective auto part, or a municipality responsible for hazardous road conditions.

6. Work with a knowledgeable attorney.

Getting compensation after an accident with an uninsured driver can be complicated. A skilled car accident lawyer can help build your claim, communicate with the insurance company, and fight for the compensation you deserve.

Contact Cutter Law for a Free Case Review

If you were injured in an accident with an uninsured driver in California, you need a reliable car accident lawyer to handle your case. At Cutter Law, we have the knowledge and experience needed to help you get the best possible outcome. Unlike your insurance company, we have your best interests in mind.

To learn more about your options, contact us today for a free case review.