California has one of the highest rates of uninsured drivers in the nation — approximately 1 in 7 drivers on California roads carries no insurance. If you were hit by one of them, you’re probably wondering: can I still get compensated? The answer is yes — but how you recover depends on your own insurance coverage and the specific facts of your case.
Step 1: File a Claim with Your Own Uninsured Motorist (UM) Coverage
California law requires insurers to offer Uninsured Motorist Bodily Injury (UMBI) coverage with every auto policy, though drivers can waive it in writing. If you have UM coverage, this is typically your fastest and most reliable route to compensation after being hit by an uninsured driver.
UM coverage pays for your medical bills, lost wages, pain and suffering, and other damages — subject to your policy limits. Your own insurer handles the claim, and you’re entitled to the same dispute resolution rights (including arbitration) as with any other claim.
Step 2: Check for Underinsured Motorist (UIM) Coverage
If the at-fault driver has some insurance but not enough to cover your damages, your Underinsured Motorist (UIM) coverage fills the gap up to your policy limits. For example, if the at-fault driver has a $15,000 limit but your damages are $60,000, and you have $100,000 in UIM coverage, you can recover the additional $45,000 from your own insurer.
Step 3: Sue the Uninsured Driver Directly
You can sue an uninsured driver directly in California civil court. If you win a judgment, the driver is personally responsible for paying it. The challenge: many uninsured drivers lack the assets to satisfy a judgment. However, if the driver owns property, has a job with a garnishable wage, or accumulates assets in the future, your judgment can be collected — California judgments are renewable and can be enforced for up to 20 years.
California’s Prop 213: The Catch for Uninsured Victims
California Proposition 213 limits recovery for drivers who were themselves uninsured at the time of the accident. If you were uninsured, you generally cannot recover non-economic damages (pain and suffering) against the at-fault driver — even if the accident was entirely their fault. This makes carrying insurance even more important.
What If the Driver Fled the Scene (Hit and Run)?
If the at-fault driver fled and cannot be identified, you can still file a UM claim with your own insurer — as long as you can show there was actual physical contact between the vehicles, or in some cases, a credible independent witness to the hit and run.
Contact Krash Lawyers — Uninsured Motorist Claims
Navigating UM/UIM claims against your own insurance company can be surprisingly adversarial — insurers have the same incentive to minimize payouts regardless of which side of the policy you’re on. An experienced California car accident attorney levels the playing field.
Call Krash Lawyers at (424) 424-6421 for a free consultation. We handle UM/UIM claims throughout California on a contingency fee basis — no fee unless we recover for you.
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Frequently Asked Questions: Hit by Uninsured Driver in California
What happens if the driver who hit me has no insurance in California?
You may still recover compensation through your own Uninsured Motorist (UM) coverage if you carry it. You can also pursue a personal lawsuit against the at-fault driver directly, though collecting a judgment may be difficult if they lack assets.
Does California require uninsured motorist coverage?
California law requires insurers to offer uninsured and underinsured motorist coverage, but policyholders can reject it in writing. If you carry this coverage, it pays your medical bills and other damages when the at-fault driver has no insurance or insufficient coverage.
Can I sue an uninsured driver in California?
Yes, you can file a lawsuit against an uninsured driver and obtain a judgment. However, collecting on that judgment may be challenging if the driver has limited assets. An attorney can help evaluate whether litigation is likely to result in actual recovery.
What is the hit-and-run policy under California uninsured motorist coverage?
Most California UM policies cover hit-and-run accidents where the at-fault driver flees. You typically must report the accident to police promptly and notify your insurer. There is usually a requirement for physical contact between vehicles for UM coverage to apply.
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