If an uninsured driver hits you in Glendale or anywhere in California, your main options are filing a claim under your own Uninsured Motorist (UM) coverage, suing the driver directly, or pursuing a third-party claim. Call 911, document the scene, notify your insurer promptly, and preserve all medical records and repair estimates to support your claim.
Victims hit by an uninsured driver in California have the same options whether they file Glendale personal injury claims or anywhere across the state.
What Are Your Options After Being Hit by an Uninsured Driver in California?
Three options exist after being hit by an uninsured driver in California: filing a UM/UIM claim with your insurer, suing the driver directly, or pursuing a third-party claim against another liable party.
- UM/UIM claim: the most reliable path for most victims. If you purchased Uninsured Motorist coverage, your own insurer pays for your medical bills, lost wages, and pain and suffering up to your policy limits. This option does not depend on the other driver having assets.
- Suing the driver directly: an option when the at-fault driver has assets worth pursuing or was driving on behalf of an employer. If the driver owns nothing and has no income, a judgment may be uncollectable. An employer whose employee caused the crash while on duty can also be held liable. Car accident lawyers evaluate whether direct litigation makes financial sense.
- Third-party claims: available when another party contributed to the crash. A municipality responsible for a road hazard, a parts manufacturer whose defective equipment caused the collision, or an employer whose driver was on duty are all potential defendants.
California uses a pure comparative fault rule. If you are found partially at fault, your compensation is reduced by your percentage of responsibility. Insurers often argue inflated fault percentages to reduce payouts, which is one reason legal representation matters.
How Does Uninsured and Underinsured Motorist Coverage Work in California?
Your own uninsured motorist coverage is the primary financial protection when the at-fault driver carries no insurance in California. For a full explanation of how uninsured motorist coverage works, the coverage types below break down exactly what each one pays.
- UM vs UIM: Uninsured Motorist (UM) coverage applies when the other driver has no insurance at all. Underinsured Motorist (UIM) coverage applies when they have insurance but not enough to cover your losses. Both are typically sold together as a single UM/UIM policy.
- UMBI (Uninsured Motorist Bodily Injury): pays for medical expenses, lost wages, and pain and suffering for the driver and all passengers in the vehicle. This is the core protection against an uninsured driver.
- UMPD (Uninsured Motorist Property Damage): covers damage to your vehicle caused by an uninsured driver, but California caps UMPD payouts at $3,500. If repairs exceed that amount, you will need collision coverage to cover the difference.
- MedPay (Medical Payments Coverage): pays for immediate medical expenses regardless of who was at fault. Unlike UM, it does not cover lost wages or pain and suffering, but it activates faster and can cover costs while the UM claim is being processed.
- CDW (Collision Deductible Waiver): eliminates your collision deductible when an uninsured driver causes the crash. If you have both CDW and collision coverage, you pay nothing out of pocket for vehicle repairs.
California does not require UM/UIM coverage. A driver can decline by signing a written waiver, which eliminates this option entirely.
How to File an Uninsured Motorist Claim in Glendale, California
The first step is notifying your insurer within the timeframe your policy requires. Many California policies require notice within 30 days of the crash.
- Report the crash to police: call 911 and obtain the police report number before leaving the scene. A police report confirming the other driver had no insurance is required to support a UM claim in California. The uninsured car accident guide covers what documentation the insurer will request.
- File the DMV SR-1 form within 10 days: California requires an SR-1 report if the crash resulted in injury or property damage over $750. File online at the DMV website or by mail.
- Notify your insurer immediately: provide the basic facts of the crash. Do not speculate on fault, admit liability, or estimate damages. Give your insurer enough to open the claim and nothing more.
- Verify the other driver is uninsured: some drivers claim to have no coverage when they do. Your insurer will verify through DMV records. Do not assume the driver was uninsured until confirmed.
- Submit all documentation: photos of the scene and vehicle damage, medical records and bills, pay stubs showing missed work, the police report, and any witness contact information. Complete documentation reduces disputes.
- Cooperate with the investigation but review everything before signing: provide requested information but read any recorded statement requests or written documents carefully. An attorney can review these before you respond.
Policy deadlines are separate from the legal statute of limitations. Missing your policy’s notice deadline can void UM coverage entirely, even if the two-year legal filing window has not expired.
What Evidence Do You Need to Support an Uninsured Motorist Claim?
The stronger your documentation, the harder it is for the insurer to delay or reduce your payout.
Gather and preserve these items as soon as possible after the crash:
- Police report: confirming the other driver failed to show proof of insurance at the scene.
- DMV verification: your insurer will run a check, but having your own written confirmation of no active policy on the crash date strengthens your file.
- Photos and video: vehicle damage from multiple angles, visible injuries, the crash scene, road conditions, and any relevant signage.
- Witness information: names, phone numbers, and a brief written account from anyone who saw the crash.
- Medical records and bills: from every provider: emergency room, specialist, physical therapist, and any ongoing treatment.
- Pay stubs or employer documentation: showing days of work missed and your regular earnings before the injury.
- Repair estimates or receipts: from a licensed mechanic, including any supplemental damage discovered after the initial estimate.
- Proof of active UM coverage: your declarations page showing UM/UIM was in effect on the date of the crash.
- Premium payment records: confirming coverage was not lapsed at the time of the accident.
Missing evidence gives the insurer grounds to delay or deny. Surveillance footage is often overwritten within 30 to 90 days.
What Happens When Your Own Insurance Company Disputes Your UM Claim?
California law prohibits insurers from unreasonably denying or delaying valid UM claims. If yours does, you have the right to challenge it through appeals, arbitration, or a bad faith claim.
The most common reasons insurers dispute UM claims:
- Disputing fault: arguing the uninsured driver was not actually at fault for the crash, shifting partial or full responsibility to you.
- Claiming the other driver was insured: some insurers delay verification or argue the DMV records are inconclusive. Insist on written confirmation of the denial reason.
- Arguing the injuries are not crash-related: claiming a pre-existing condition caused your symptoms or that the severity is inconsistent with the collision.
- Claiming you missed reporting deadlines: using minor procedural delays to deny the claim entirely. Document every communication with your insurer with dates and timestamps.
- Offering a lowball settlement before treatment is complete: a common tactic to close the claim before the full extent of your injuries is known. Accepting early locks in the amount.
If denied, request a written letter citing the specific policy language. Submit a formal appeal addressing each reason point by point.
California requires arbitration before you can sue your insurer over a UM dispute. Knowing common insurance company dispute tactics before that hearing gives you an advantage. If the insurer acts in bad faith, California law allows additional damages beyond the policy limits. Filing a complaint with the California Department of Insurance creates an official record and adds regulatory pressure.
What Compensation Can You Recover After an Uninsured Driver Accident in Glendale?
UM coverage pays for both economic and non-economic losses, up to the limits of your policy.
Economic damages cover quantifiable financial losses:
- Emergency care, surgery, medication, and ongoing treatment costs.
- Lost wages during recovery.
- Reduced earning capacity if the injuries are permanent.
- Vehicle repair or replacement and personal property damaged in the crash.
Non-economic damages cover the personal toll of the injury:
- Physical pain and suffering.
- Emotional distress, including anxiety, PTSD, and depression following the crash.
- Loss of enjoyment of activities and daily life.
- Scarring or disfigurement.
Compensation through UM is capped at the coverage limits you selected when you purchased the policy. Higher limits mean more protection. Fault vs. no-fault insurance laws by state explain how California’s at-fault rules affect your remaining options if damages exceed those limits.
If the crash resulted in a fatality, UM coverage can also provide wrongful death benefits to surviving family members.
California’s comparative fault rule reduces the payout by the victim’s percentage of fault. Insurers often inflate that percentage to reduce what they owe. Documentation and legal representation are the two most effective counters.
Get a Free Case Review From a Glendale Uninsured Driver Accident Lawyer
Thompson Law offers Glendale residents a Free Consultation with No Fee Unless We Win. If you were hit by an uninsured driver and are unsure whether your coverage applies, whether your insurer is acting in good faith, or how much your claim is worth, we can give you a clear answer before you make any decisions. Contact us today to review your case.
Frequently Asked Questions
What happens if the uninsured driver who hit me has no assets?
If the driver has no assets, suing them directly is unlikely to produce recovery. Your UM coverage pays regardless of the other driver’s financial situation, which is the primary reason carrying adequate limits matters.
Can I file an uninsured motorist claim if the driver fled the scene (hit and run)?
Yes. California allows UM claims after a hit and run if you report the crash to police and your insurer within required timeframes. Most California policies require physical contact with the fleeing vehicle to trigger coverage.
Will filing an uninsured motorist claim raise my insurance rates in California?
California law prohibits rate increases solely because you filed a not-at-fault UM claim. Your specific policy terms may vary, so review your declarations page or ask your insurer before filing if this concerns you.
How long do I have to file an uninsured motorist claim in California?
Two years from the date of the crash under California law, but your policy may require notice within 30 days. Missing policy deadlines can void UM coverage even if the legal deadline has not passed.
¿Tienen abogados que hablen español para casos de accidentes con conductores sin seguro en Glendale?
Sí. Atendemos casos de accidentes con conductores sin seguro en Glendale y otras ciudades de California en español. Si tienes preguntas sobre tu cobertura UM, podemos ayudarte. Contáctanos hoy. La consulta es gratis y no cobramos a menos que ganemos tu caso.
