What Happens If an Uninsured Driver Hits You in California?

If an uninsured driver hits you in California, your best option is filing a claim under your own uninsured motorist (UM) coverage. If you lack UM coverage, you can sue the at-fault driver directly, though collecting is difficult if they have no assets. California law requires insurers to offer UM coverage, which you have unless you declined it in writing.

About 17% of drivers in the state carry no insurance, and the at-fault system still holds them legally liable for your damages. Victims in Riverside and across California have real options for recovery, even when the at-fault driver has no coverage.

What Are Your Options After Being Hit by an Uninsured Driver in California?

After an uninsured driver hits you in California, you have three main paths to compensation: filing a UM claim with your insurer, suing the at-fault driver directly, or pursuing a third-party claim if another party shares liability.

• UM/UIM claim: the fastest and most reliable path. Your own insurer pays for your injuries and damages up to your policy limits, without waiting on the at-fault driver to cooperate.
• Direct lawsuit: an option when the at-fault driver has assets worth pursuing, such as a home, business, or significant income. A court judgment can be used to garnish wages or place liens on property.
• Third-party claim: if another party contributed to the accident, you may have additional claims. Common examples include an employer whose employee caused the crash, a parts manufacturer if a vehicle defect played a role, or a government entity responsible for hazardous road conditions.

California’s fault-based system still holds an uninsured driver legally liable for your damages. Not having insurance does not eliminate their responsibility. A personal injury lawyer can assess all three paths and tell you which combination gives you the strongest recovery.

How Does Uninsured Motorist Coverage Work in California?

Uninsured motorist (UM) coverage pays for your injuries and damages when the at-fault driver has no insurance. In California, you almost certainly have it unless you declined it in writing.

Two types apply depending on the situation:

• UM (Uninsured Motorist): covers you when the at-fault driver has no insurance at all, including hit-and-run accidents.
• UIM (Underinsured Motorist): covers the gap when the at-fault driver has insurance, but their policy limits are too low to cover your full damages.

What UM coverage pays for:

• Medical bills and hospital costs.
• Lost wages during recovery.
• Pain and suffering.
• Property damage through UMPD (Uninsured Motorist Property Damage).

As of January 1, 2025, California’s minimum UM/UIM limits under SB 1107 are $30,000 per person and $60,000 per accident for bodily injury. These are minimums. Your policy may carry higher limits.

To file, contact your own insurer directly. Do not wait for the at-fault driver to act. If your insurer denies or undervalues your claim, California law gives you the right to arbitration. Your rights under uninsured motorist coverage in California are defined by state law, not your insurer’s discretion.

If your UM coverage is exhausted, MedPay (Medical Payments Coverage) is a supplemental option. It covers medical expenses for you and your passengers regardless of fault, with no deductible. MedPay does not cover lost wages or pain and suffering, but it pays quickly and can bridge the gap while your UM claim is processed. 

Can You Sue an Uninsured Driver in California?

Yes. You can sue an uninsured driver in California regardless of whether they have insurance, but whether a lawsuit makes financial sense depends on what assets they have.

When suing makes sense:

• The driver owns a home, business, or has significant income that can be garnished.
• A court judgment allows you to place liens on property or pursue wage garnishment.
• The driver was working at the time of the accident, making their employer potentially liable for the full damages.

When suing is unlikely to result in collection:

• The driver has no assets, no property, and no steady income.
• Courts call this being “judgment-proof.” You may win the case and still collect nothing.

California also restricts recovery under Proposition 213. If the uninsured driver was at fault and you were also uninsured at the time, you cannot recover non-economic damages such as pain and suffering. This makes carrying your own UM coverage essential. 

California gives you two years from the date of the accident to file. An attorney can assess the driver’s assets before you commit to filing and advise whether a judgment is realistically collectible. The uninsured car accident guide walks through what California victims can do when the at-fault driver has nothing to collect.

What to Do After an Accident with an Uninsured Driver in California

After an accident with an uninsured driver in California, the steps you take in the first 24 to 48 hours directly affect how much compensation you recover.

1. Call 911: a police report is required for UM claims and any future lawsuit. Do not leave the scene without one.
2. Document the scene: photograph the vehicles, damage, injuries, and road conditions. Get the other driver’s information even if they have no insurance, and collect witness contact details.
3. Do not accept cash at the scene: any on-the-spot payment, no matter how small, can be used to waive your right to file a proper claim later.
4. Report to your insurer promptly: California requires timely notice of UM claims. Delays can result in denial. Awareness of insurance company tactics at this stage protects you from common errors that reduce your payout.
5. File the SR-1 form with the DMV: required within 10 days if the accident involved injury or property damage over $1,000. Failure to file can affect your driving record and your claim.
6. See a doctor the same day: undiagnosed injuries weaken claims even when fault is clear. Get examined and keep all records.
7. Consult an attorney before accepting any settlement: UM insurers scrutinize claims closely and initial offers rarely reflect your full damages.

What If the Uninsured Driver Was Driving Your Car?

If you gave an uninsured driver permission to use your car and they caused an accident, your insurance policy is the primary coverage. Not theirs.

Permissive use: California follows the permissive use rule. Insurance follows the car, not the driver. If you gave someone permission to drive your vehicle, your liability coverage pays damages to the other party up to your policy limits.

If damages exceed those limits, the uninsured driver can be held personally liable for the remainder. Your own collision coverage may also apply to your vehicle’s repairs, depending on your policy terms.

Non-permissive use: if the driver took your car without permission, your insurer may deny the claim entirely. File a police report immediately to document that the use was unauthorized. That report is your primary protection against liability. Without it, proving the driver acted without consent becomes significantly harder.

Excluded drivers: if the driver was explicitly listed as an excluded driver on your policy, your insurer will deny coverage regardless of whether you gave permission. Excluded driver clauses are enforceable under California law, and courts consistently uphold them.

Household members: anyone who drives your car regularly should be listed on your policy. Unlisted household members are a common reason insurers deny claims after accidents. The minimum car insurance requirements by state determine what your policy must cover and where gaps are most likely to appear.

Get a Free Case Review From a California Uninsured Driver Accident Lawyer

We handle uninsured driver accident cases across California on a No Fee Unless We Win basis. If you were hit by an uninsured driver or have questions about your UM coverage, contact us today for a Free Consultation with a lawyer who can evaluate your coverage and tell you what your claim is worth. 

Frequently Asked Questions

What is the SR-1 form and when do I need to file it in California?

The SR-1 is a Report of Traffic Accident Occurring in California. You must file it with the DMV within 10 days if the accident resulted in injury, death, or property damage over $1,000. Failure to file can affect your driving record and your ability to pursue a claim.

What happens if an uninsured driver hits a parked car in California?

Your own uninsured motorist property damage (UMPD) coverage applies if you have it. If not, you can sue the at-fault driver directly, though collecting is difficult if they have no assets. File a police report even if the other driver is not present.

Does California require uninsured motorist coverage?

California does not require you to carry UM coverage, but insurers must offer it with every policy at the same limits as your liability coverage. You only lack it if you declined it in writing when you purchased your policy.

Can my insurance company deny my UM claim?

Yes. Insurers can deny UM claims for late reporting, lack of documentation, or policy exclusions. If your insurer denies or undervalues your claim in bad faith, California law gives you the right to arbitration and potential bad faith damages.

What if I don’t have uninsured motorist coverage and the other driver has no assets?

Your options are limited but not zero. You may still have MedPay coverage for medical bills, a third-party claim if another party shares liability, or a small claims action if damages are under the filing threshold.

¿Ofrece Thompson Law servicios en español para víctimas de accidentes con conductores sin seguro en California?

Sí. En Thompson Law ofrecemos atención en español para víctimas de accidentes en California. Contáctanos hoy para hablar con un abogado en español sobre tus opciones. La consulta es gratis y no cobramos a menos que ganemos tu caso.