You just got hit.
The other driver was clearly at fault—they ran a red light, swerved into your lane, or rear-ended you at a stoplight.
You exchange information. Then you find out: they have no insurance.
Now what?
Getting hit by an uninsured driver complicates everything. But you’re not out of options. California law provides ways to recover compensation—even when the at-fault driver has no coverage.
More common than you’d think.
About 16% of California drivers are uninsured—that’s roughly one in six vehicles on the road.
California requires all drivers to carry minimum liability insurance:
But many drivers ignore the law. Some can’t afford insurance. Others let their policies lapse. Some drive without registration altogether.
When you’re hit by one of these drivers, recovering compensation becomes harder—but not impossible.
Yes, you can sue them personally.
Just because someone doesn’t have insurance doesn’t mean they’re off the hook. They’re still legally responsible for the damage they caused.
You can file a personal injury lawsuit and obtain a judgment against them for:
The problem? Most uninsured drivers don’t have assets to pay a judgment.
Winning a lawsuit is one thing. Actually collecting money is another. That’s why uninsured motorist coverage is so important.
Uninsured motorist (UM) coverage protects you when the at-fault driver has no insurance.
In California, all insurance companies must offer UM coverage—but it’s optional. You can decline it in writing.
If you have UM coverage, your own insurance company pays for:
Your UM coverage limit is usually the same as your liability coverage limit. For example, if you carry $100,000 in liability coverage, you likely have $100,000 in UM coverage.
This coverage is a lifesaver when the at-fault driver can’t pay.
Underinsured motorist (UIM) coverage works similarly to UM coverage—but it applies when the at-fault driver has insurance that’s not enough to cover your damages.
Example:
You’re seriously injured. Your medical bills total $150,000. But the at-fault driver only carries California’s minimum $15,000 in bodily injury coverage.
That leaves a $135,000 gap.
If you have UIM coverage, your insurance company covers the difference—up to your policy limits.
Like UM coverage, UIM is optional in California. But it’s a smart investment—especially since California’s minimum insurance limits are dangerously low.
This is where things get tough.
If you don’t have UM/UIM coverage, your options are limited:
1. Sue the at-fault driver personally. You can obtain a judgment, but collecting may be difficult if they have no assets.
2. Use MedPay if available. Medical Payments coverage on your auto policy pays medical bills regardless of fault—but coverage is usually low ($1,000-$5,000).
3. File a claim with your health insurance. Your health insurance may cover accident-related medical bills, though they may seek reimbursement later.
4. Negotiate a payment plan. If the at-fault driver has some income or assets, an attorney can negotiate a settlement or payment plan.
None of these options is ideal. That’s why we always recommend carrying UM/UIM coverage.
Yes—and it’s important to understand.
California’s Proposition 213 limits the damages uninsured drivers can recover if they’re injured in an accident.
If you were driving without insurance when you got hit, you cannot recover non-economic damages like pain and suffering—even if the other driver was at fault.
You can still recover economic damages:
But you lose the right to compensation for pain, suffering, and emotional distress.
Exception: If the at-fault driver was convicted of drunk driving (Vehicle Code 23152 or 23153), you can still recover non-economic damages—even if you were uninsured.
Prop 213 is California’s way of discouraging people from driving without insurance. The takeaway? Always carry insurance.
Generally, no.
Filing a UM or UIM claim usually doesn’t increase your insurance rates because you weren’t at fault. The accident was caused by someone else’s negligence—not yours.
However, insurance policies vary. Check your policy or ask your attorney to confirm before filing a claim.
If you’re hit by an uninsured driver, take these steps immediately:
1. Call the police. Get an official accident report. This documents the crash and confirms the other driver’s lack of insurance.
2. Exchange information. Get the other driver’s name, address, license plate number, and driver’s license number.
3. Document everything. Take photos of the damage, the scene, and any visible injuries.
4. Seek medical attention. Even if you feel fine, get checked out. Some injuries don’t show symptoms right away.
5. Notify your insurance company. Report the accident and start the UM/UIM claim process if applicable.
6. Contact a car accident lawyer. An attorney can navigate your UM claim, negotiate with your insurance company, and explore all recovery options.
Don’t assume you’re out of luck just because the other driver has no insurance. You may have more options than you realize.
Here’s the frustrating part: your own insurance company may fight your UM/UIM claim.
Even though you’ve been paying premiums for years, insurers often:
Why? Because UM/UIM claims come out of their pocket. They have a financial incentive to pay as little as possible.
That’s why you need a lawyer who understands how insurance companies operate—and how to make them pay what they owe.
Dealing with an uninsured driver claim is complicated.
Your own insurance company may fight you. The at-fault driver may have no assets. You’re left navigating a complex legal and insurance system while dealing with injuries, medical bills, and lost wages.
At DP Injury Attorneys, we handle the fight so you can focus on recovery.
We’ll review your insurance policy, file your UM/UIM claim, negotiate with your insurer, and take legal action if necessary to get you the compensation you deserve.
We’ve recovered millions for accident victims across California. We know how to maximize UM/UIM claims and hold insurance companies accountable.
No fees unless we win.
If you’ve been hit by an uninsured driver in California, don’t wait. Contact DP Injury Attorneys for a free consultation.
We’ll explain your options, review your insurance coverage, and fight to get you every dollar you’re entitled to.
You shouldn’t have to pay for someone else’s mistake—or their decision to drive without insurance.
Contact DP Injury Attorneys today.
Arthur Paul D’Egidio is the Managing Partner of DP Injury Attorneys, a San Diego personal injury law firm. With more than 12 years of experience in California injury law, he has dedicated his practice to representing clients in a wide range of personal injury matters, including car accidents, workers’ compensation, slip and falls, catastrophic injury, and wrongful death cases.
Arthur received his Juris Doctor from the Thomas Jefferson School of Law and is a member of the State Bar of California as well as the San Diego County Bar Association. He has received numerous accolades for his work, including being named a Super Lawyer for seven straight years by Thomson Reuters and a “Top 40 Under 40” by the National Trial Lawyers.
