What Happens If an Uninsured Driver Hits You in California?
If you were hit by an uninsured driver in California, you can still recover compensation. Most drivers can file a claim under their own uninsured motorist (UM) coverage, and you may also be able to pursue a car accident injury claim against the at-fault driver or anyone else who shares the blame. What you can recover depends on your policy, the other driver’s assets, and how quickly you act, because California gives you just two years to formally pursue a UM claim.
An uninsured motorist accident also puts you up against your own insurance company, which has every reason to pay as little as possible. A car accident lawyer can handle the claim for you and make sure you meet every deadline.
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- Your own uninsured motorist (UM) coverage pays for your injuries when the at-fault driver has no insurance. Insurers must offer it, and you only lack it if you declined it in writing.
- You have two years to sue the uninsured driver, settle with your insurer, or formally start arbitration. Just talking to your adjuster does not stop the clock.
- Hit-and-run claims require physical contact with the other vehicle, a police report within 24 hours, and a sworn claim to your insurer within 30 days.
- California’s minimum liability limits rose to $30,000 per person, $60,000 per accident, and $15,000 for property damage in 2025, so an underinsured driver’s policy may still leave you short.
- Drivers without their own insurance generally cannot recover pain and suffering damages under Proposition 213, even if the other driver caused the crash.
- What Is Uninsured Motorist Coverage?
- Uninsured Motorist Coverage Requirements in California
- Examples of How Uninsured Motorist Coverage Works
- The UM Insurance Doesn’t Cover My Injuries. Can I Sue the Uninsured Driver?
- 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?
Uninsured motorist (UM) coverage is part of your own auto policy that pays for your injuries when the driver who caused the crash has no insurance. It can cover medical bills, lost wages, and pain and suffering, up to your policy limits. Underinsured motorist (UIM) coverage works the same way when the at-fault driver has insurance but not enough to cover your losses.
California does not require you to carry UM coverage, but it does require every insurer to offer it. You only go without it if you signed a written waiver turning it down, so most California drivers have it whether they remember buying it or not. Because the claim is made against your own policy, the process looks a lot like any other insurance claim after a California car accident, except that your insurer is now the one deciding what to pay you.
Uninsured Motorist Coverage Requirements in California
Since January 1, 2025, California has required every driver to carry at least minimum liability coverage of:
- $30,000 for injury or death to one person
- $60,000 for injury or death to more than one person
- $15,000 for property damage
Not every driver follows the law, and even drivers who do may carry only these minimums, which a serious injury can quickly exceed. That is where your UM and UIM coverage comes in.
Insurers must offer UM bodily injury coverage with limits of at least $30,000 per person and $60,000 per accident, and you can buy higher limits. Uninsured motorist property damage coverage pays to repair your car up to $3,500 or the vehicle’s actual cash value, whichever is less. It only applies when the uninsured driver is identified, so it does not cover damage from a hit-and-run.
Examples of How Uninsured Motorist Coverage Works
Say David makes a left turn in Sacramento directly into the path of Joan, who had the right-of-way. Joan’s losses come to $53,000 before pain and suffering: $35,000 in medical bills, $10,000 in lost wages, and $8,000 in vehicle repairs. Here is how her recovery changes depending on insurance.
Example 1: Neither Driver Has Insurance
Joan can sue David, but she can only collect if he has money or property to pay a judgment. Because Joan was also uninsured, Proposition 213 bars her from recovering any pain and suffering damages, even though David caused the crash. Her health insurance and any disability benefits may cover part of her losses.
Example 2: David Has Minimum Coverage
David’s policy pays up to $30,000 for Joan’s injuries and covers her $8,000 in repairs, for a total of $38,000. That leaves Joan $15,000 short on her medical bills and lost wages, before pain and suffering. If Joan carries $100,000 in UIM coverage, her own insurer can pay up to $70,000 more, which is her UIM limit minus the $30,000 David’s insurer paid.
Example 3: David Is Uninsured and Joan Has UM Coverage
With the minimum $30,000 in UM coverage, Joan’s insurer pays up to $30,000 for her injuries and up to $3,500 toward her car under UM property damage coverage. If she also has collision coverage, she can use it for the rest of the repairs. With higher limits, such as $100,000 per person, her UM coverage could pay all of her medical bills and lost wages plus pain and suffering.
What Happens if My Insurance Company Acts in Bad Faith With My Uninsured Motorist Claim?
If you and your insurer cannot agree on who was at fault or how much your UM claim is worth, the dispute generally goes to arbitration instead of court. Bad faith is a separate issue. If your insurer unreasonably delays, underpays, or denies a valid claim, you may be able to file a bad faith lawsuit against it and recover more than your policy limits. Learn more about whether a car insurance company can refuse to pay a claim in California.
What Happens if My Insurance Company Acts in Bad Faith With My Uninsured Motorist Claim?
You Have Two Years to Pursue an Uninsured Motorist Claim
California Insurance Code § 11580.2 gives you two years from the accident to take one of three steps to protect your UM claim:
- File a lawsuit against the uninsured driver
- Reach a written agreement with your insurer on the amount of your claim
- Formally start arbitration by sending a demand to your insurer by certified mail
Reporting the accident, talking with your adjuster, or sending medical records does not count. Many people assume their claim is moving forward because they are in regular contact with their insurer, then learn the deadline has passed. Once it does, the claim is usually lost for good.
Hit by an uninsured driver? Our car accident attorneys can protect your deadline, handle your insurance company, and fight for the full value of your claim. Call 888-285-3333 or fill out the free case review form on this page.
Uninsured Motorist Claims After a Hit-and-Run
A driver who flees the scene is treated as uninsured, so your UM coverage can pay for your injuries after a hit-and-run. California adds three requirements for these claims:
- The other vehicle must have made physical contact with you or your vehicle.
- You or someone on your behalf must report the accident to the police or CHP within 24 hours.
- You must file a sworn statement of your claim with your insurer within 30 days of that report.
The 24-hour report is easy to miss if you were taken to the hospital, so ask a family member to make it if you cannot. Our guides to California hit-and-run laws and car accident reporting requirements explain each step.
What If the Driver Was Underinsured?
A driver can follow the law and still leave you short. Underinsured motorist coverage pays the difference when the at-fault driver’s policy limits are lower than your own UIM limits. The other driver’s insurance payment is subtracted from your UIM limit, so if you carry $100,000 in UIM coverage and the at-fault driver’s insurer pays its $30,000 limit, your insurer can pay up to $70,000 more. In most cases, you must collect the full amount from the at-fault driver’s policy before your UIM coverage applies.
Other Coverage That Can Help Pay Your Bills
Your UM policy is not the only source of help. Medical payments coverage (MedPay) on your auto policy pays medical bills regardless of fault. Collision coverage pays for your car’s repairs, and some policies include a deductible waiver when an uninsured driver caused the crash. Health insurance and disability benefits can cover treatment and lost income while your claim is pending. Learn more about who pays for medical bills after a car accident in California.
The UM Insurance Doesn’t Cover My Injuries. Can I Sue the Uninsured Driver?
Yes. An uninsured driver is personally responsible for the damage they cause. Suing makes sense when the driver owns a home, has significant savings, or earns enough to pay a judgment over time. If the driver was working when the crash happened, their employer may also be liable and will often have insurance or assets to cover your claim.
Uninsured drivers face other consequences too. The DMV can suspend the license of a driver who was uninsured at the time of a crash, and of a driver who fails to pay a court judgment from one. Those penalties do not put money in your pocket, but they can give you leverage when negotiating a payment plan. If the driver has no meaningful assets, a judgment may not be worth the cost of a lawsuit, which is why your own coverage usually matters most.
6 Steps on How to Recover Compensation After an Accident With an Uninsured Driver
If you were hit by a driver without insurance, these steps protect your health and your claim.
1. Gather as much information as possible.
Call the police, take photos and video of the scene and both vehicles, and get contact information from the driver and any witnesses. A police report is especially valuable when the other driver has no insurer to confirm the facts. Our guide to what to do and not do after a car accident walks through each step.
2. Confirm that the driver is really uninsured.
Some drivers claim to have no insurance to avoid a claim, and some have coverage they do not know about, such as through an employer or another household member’s policy. Your insurer can verify coverage using the driver’s name, license number, and license plate.
3. Notify your insurer and file a claim under your UM policy.
Report the accident to your own insurer promptly, as your policy requires. Stick to the facts, and be careful with recorded statements. Even though it is your own insurance company, the adjuster’s job is to limit what it pays.
4. Sue the at-fault driver if they can pay.
If your losses exceed your coverage and the driver has assets, a lawsuit can close the gap. Filing suit also satisfies the two-year deadline for your UM claim.
5. Consider a third-party claim.
Other parties may share responsibility for the crash, such as the driver’s employer, the maker of a defective vehicle part, or a public agency that failed to fix a dangerous road. Claims against public agencies require a government claim within six months.
6. Work with a knowledgeable attorney.
An attorney can find every available source of coverage, meet each deadline, handle communication with your insurer, and take your claim to arbitration if your insurer will not pay what it owes. This matters most after an accident that wasn’t your fault, when you should not have to fight your own insurer alone.
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.
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. We can review your situation to determine fault and help locate available insurance coverages so you can get compensation for your harm.
After a car accident in California, you can file a claim by gathering evidence, contacting your insurer, and ensuring all necessary documentation is provided to support your case.
In California, medical bills after a car accident are typically covered by the at-fault driver’s insurance, or your own insurance if they are insufficient.
After a car accident in California, do report it to the police, seek medical treatment, and contact your insurance company, but don’t admit fault, accept a low settlement too soon, or post about the accident on social media.