In an ideal world, every driver would be insured, and victims of car accidents wouldn’t have to worry about getting enough compensation from insurance companies. In a perfect world, of course, there would be no car wrecks. We live in neither of those worlds, however.
An estimated 17% of California drivers do not have active auto insurance policies. Getting hit by an uninsured driver can make an already complicated process even murkier. We’ll cover some ways you might be able to get compensation if an uninsured driver is at fault for an accident.
No matter what, an experienced car accident attorney can help protect your rights and secure justice. Thompson Law has been doing just that; the $1.9 billion we’ve recovered for our clients (so far) is a testament to our determination and skill.
Before we dive into details about the effects of uninsured drivers who cause accidents, we must note that California is an at-fault state. In at-fault states, the driver who bears the most responsibility for an accident must use their own car insurance policy (or policies) to pay for bodily injuries and other damages related to the crash.
Getting the compensation you need if an uninsured driver causes an accident can be complicated. The most efficient option for obtaining a payout is using your own uninsured motorist (UM) insurance policy. California law does not require drivers to carry UM insurance, but having it may be a wise choice considering the sizable percentage of uninsured drivers on the roadways.
If you do not carry UM coverage and only have the minimum required by state law (more on that in a second), you might have to file a lawsuit against the other driver. You may be in luck if the uninsured driver has a house or other large personal assets, but many uninsured drivers do not have a large amount of money. In these circumstances, having a skilled and creative California car accident attorney by your side is crucial.
The two scenarios we just described only apply when the other driver is uninsured and determined to be at fault for an accident that causes you bodily injury or property damage to your car. You can still recover compensation if you are partially at fault for the accident, but the money you get will be reduced by your percentage of fault.
Here’s a quick hypothetical to illustrate California’s fault-based system: let’s say a driver does not abide by a stop sign at a two-way stop and collides with your car. Because they didn’t stop at the stop sign, they are mostly at fault. However, because you were traveling 40 miles per hour in a 30-mph zone, you are determined to be 20% at fault.
You suffered $10,000 worth of property damage in the wreck, incurred $8,000 of medical bills, and lost out on $2,000 of wages. Instead of receiving the full $20,000—the total value of the accident for you—you’d receive $16,000, as the other driver was 80% at fault.
If you are uninsured and responsible for an accident in California, you will likely have to pay out-of-pocket for much—if not all—of the expenses the other driver incurs. That’s on top of any medical bills or property damage you happen to incur for yourself.
Other expenses you may have to pay if you cause a wreck as an uninsured driver include:
Law enforcement may also revoke your driver’s license for up to four years—even if the accident was not your fault. You may get your license back sooner if you get insurance coverage as soon as you can after the accident, but you should be prepared for higher premiums.
Letting someone else drive your car always carries some risk. If that driver causes an accident while driving your (insured) car, your coverage will likely pay the other driver. It may be wise to add people to your insurance policy, but your policy will pay regardless if anyone driving your car causes a wreck.
An entirely new set of circumstances must be considered if the person driving your car is unlicensed. In addition to having to pay damages (with or without insurance), the unlicensed driver may have to spend up to six months in jail. Subsequent offenses raise the limits on jail time. In California, the fees for driving without a license can be as low as $100 or as high as $25,000 (usually for repeat offenses).
Uninsured motorist (UM) policies are the best way to recover damages if an uninsured driver hits you. California drivers are not required to carry UM policies, but it might be a wise investment—especially if you do a lot of driving in general. You might have UM coverage and not even know it, as many insurance providers require policyholders to decline it in writing if they do not wish to carry it.
UM policies have two major components:
It’s time for another story. Let’s say you have a $30,000/$60,000 UM insurance policy in addition to the at-fault liability coverage required by law. Having a 30/60 UM policy means your insurance will pay up to $30,000 of bodily injury-related expenses per person and $60,000 if multiple people suffer injuries.
An uninsured driver rear-ends you while you are sitting at a red light; let’s assume that the other driver is 100 percent at fault for the collision. You and your friend, who was sitting in the front passenger seat and wearing her seatbelt, suffered bruises and fractured bones. You incur $25,000 worth of medical bills while your friend incurs $15,000.
Because your UM policy covers up to $60,000 worth of bodily injury expenses for everyone in your car, you and your friend recover everything from your insurance provider. If you didn’t have a UM policy, you’d have to file a lawsuit against the uninsured driver, who already doesn’t have many assets.
As of 2025, California drivers must carry liability insurance that covers $30,000 in bodily injury expenses per person per accident, $60,000 in bodily injury among multiple people per accident, and $15,000 in property damage. Many people refer to this as the 30/60/15 rule. This liability insurance covers expenses for the other driver when you cause an accident.
Although these limits increased in 2025 after remaining stagnant for more than five decades, they still may not cover all your expenses after a significant crash. If the other driver’s liability coverage is exhausted and you still have leftover expenses, your UM can help.
If your UM policy isn’t enough to cover your injuries, you absolutely can sue the uninsured driver to try to recover what you deserve. It’s not uncommon for catastrophic personal injuries to result in medical bills in the hundreds of thousands (or even millions) of dollars—well beyond the minimum coverage required by California law.
Many uninsured drivers do not have significant assets, however. That means that even if your lawsuit is successful, you may not ultimately receive what you need and deserve.
While an attorney is a crucial asset during legal action against an uninsured driver, you can take steps to increase your chances of success.
After an accident, you should:
You don’t have a moment to waste after an accident involving an uninsured driver. The sooner you call Thompson Law, the sooner we can start working on your case. We’ve recovered $1.9 billion for our clients so far, and we’d be honored to represent you.
It is sometimes difficult to get the money you deserve if an uninsured driver collides with your vehicle. A skilled and experienced California car accident attorney can look at the totality of the situation and exhaust every possibility in trying to get you proper compensation.
Remember—you don’t pay us unless we WIN. If you think there’s even the smallest chance you could benefit from legal representation after a car accident, get in touch with our caring team today.
Thompson Law charges NO FEES unless we obtain a settlement for your case. We have put over $1.9 billion in cash settlements into our clients’ pockets.
Contact us today for a free, no obligation consultation to discuss your accident, get answers to your questions, and understand your legal options. State law limits the time you have to file a claim after an injury accident, so call today.
