
Hit by an Uninsured Driver in California? How You Can Still Get Paid
Hit by a driver with no insurance? Learn how uninsured motorist coverage works in California, other ways to pay for injuries and the deadlines to know.
You did everything right after the crash. You called the police, exchanged information and went to the doctor. Then you found out the other driver had no insurance. For many people in Yucaipa, Redlands and across the Inland Empire, that moment brings panic. If the driver who caused the crash has no coverage, who pays for your medical bills, your car and your lost time at work?
The good news is that an uninsured driver does not always mean an unpaid claim. California law gives you several possible paths to compensation. Here is how they work.
How Common Are Uninsured Drivers?
California requires every driver to carry liability insurance. Under the state's current minimums, listed on the California DMV's insurance requirements page, that means at least $30,000 for injury or death to one person, $60,000 for injury or death to more than one person and $15,000 for property damage.
Despite the law, a meaningful share of drivers on California roads have no insurance at all. Others carry only the minimum, which may not come close to covering a serious injury. That is why the coverage on your own policy often matters as much as the other driver's.
Option 1: Your Uninsured Motorist Coverage
Uninsured motorist (UM) coverage is part of your own auto policy. It pays for your injuries when the at-fault driver has no insurance, as if their insurance were stepping in. California insurers must offer UM coverage, and you only go without it if you rejected it in writing. Many people have it without realizing it.
UM coverage typically pays for medical bills, lost wages and pain and suffering, up to your policy limits. Pull out your declarations page and look for "uninsured motorist bodily injury." If you see it, you likely have a claim.
A few important points:
UM claims are made against your own insurer, but that does not mean your insurer is on your side. It still has a financial interest in paying less.
Disputes over UM claims in California usually go to arbitration rather than a jury trial.
You generally must still prove the other driver was at fault and that your injuries were caused by the crash.
Option 2: Underinsured Motorist Coverage
If the at-fault driver had insurance but not enough, underinsured motorist (UIM) coverage may help. It can cover the difference between the other driver's limits and your own UIM limits. For example, if the other driver had a $30,000 policy and your injuries are worth far more, your UIM coverage may provide additional compensation up to your limit, minus what the other driver's insurer paid.
Option 3: Hit-and-Run Crashes
If the driver fled and cannot be identified, your UM coverage may still apply, but California adds strict requirements. Generally, there must have been physical contact between the vehicles, and the crash must be reported to police promptly, usually within 24 hours, with a claim made to your insurer within 30 days. Missing these steps can put your claim at risk, so report the crash quickly.
Option 4: Medical Payments Coverage and Health Insurance
Medical payments coverage, often called MedPay, is an optional part of many auto policies. It pays medical bills for you and your passengers regardless of who caused the crash, usually up to a smaller limit such as $1,000 to $10,000. Your health insurance can also cover treatment while the larger claim is worked out, though it may seek reimbursement later from any settlement.
Option 5: Other Responsible Parties
Sometimes someone besides the driver is responsible. If the uninsured driver was working at the time, their employer may be liable. If they were driving someone else's car with permission, the vehicle owner may have limited responsibility. If a road defect or a dangerous vehicle part contributed, other parties may be involved.
Suing the uninsured driver personally is also possible, but many uninsured drivers have few assets, so a court judgment may be hard to collect.
What to Do Right After a Crash With an Uninsured Driver
Call the police and make sure a report is filed, even if the other driver begs you not to. Photograph their license, registration and vehicle, including the plate. Get names and phone numbers of witnesses. Notify your own insurance company promptly and ask which coverages on your policy apply. Then get medical care and keep every bill and record. These steps protect both your UM claim and any claim against the driver personally.
A Warning About Driving Without Insurance Yourself
California's Proposition 213 limits what uninsured drivers can recover. If you were driving without insurance when someone else caused a crash, you can generally still recover medical bills and lost wages, but not pain and suffering. It is one more reason to keep coverage in place, including UM coverage.
Deadlines You Cannot Miss
Most personal injury lawsuits in California must be filed within two years. UM claims have their own requirements, and you must take specific steps within that time to preserve your rights. Our guide to California's two-year injury deadline explains what happens if you miss it.
Talk to a Car Accident Lawyer in Yucaipa
UM claims are often more complicated than people expect, because you are negotiating against your own insurance company. Markarian Law Group represents car accident victims across Yucaipa, Redlands and Beaumont, including uninsured and underinsured motorist claims. If you are worried about legal fees, our article on how contingency fees work explains how you pay nothing upfront.
