Being hit by an uninsured driver is one of the most frustrating situations in California personal injury law — but it does not mean you have no options for compensation. Here is what to do and what coverage may be available to you.
How Common Are Uninsured Drivers in California?
Approximately 16% of California drivers are uninsured — more than 1 in 6. Despite California’s mandatory insurance requirement, millions of drivers operate without coverage. In Ventura County and Los Angeles County, encountering an uninsured driver is a realistic possibility in every accident.
Your Own Uninsured Motorist Coverage (UM/UIM)
The most important protection against uninsured drivers is your own uninsured motorist (UM) coverage. California insurers are required to offer UM coverage when you purchase auto insurance — though you can waive it in writing. If you have UM coverage, you can file a claim with your own insurer for your injuries and damages when the at-fault driver has no insurance. Your insurer then pays up to your UM policy limits and has the right to pursue the uninsured driver separately.
Underinsured motorist (UIM) coverage applies when the at-fault driver has some insurance, but not enough to cover your damages. For example, if the at-fault driver has $15,000 in coverage and your damages are $100,000, your UIM coverage can pay the gap up to your policy limits.
Suing an Uninsured Driver Directly
You can sue an uninsured driver personally for your damages. The practical challenge is collectability — if they have no insurance, they often have limited assets. However, personal injury judgments in California survive bankruptcy in some circumstances, and a judgment remains enforceable for ten years and can be renewed. In some cases where the uninsured driver has real property, wages, or other assets, direct collection is feasible.
Free Consultation — California Uninsured Motorist Accident Lawyer
Krash Lawyers evaluates all coverage sources in uninsured driver cases to maximize your recovery. Call (818) 471-7709 for a free case review. No fees unless we win.
Related: California Car Accident Lawyers | Agoura Hills Personal Injury Attorney | Moorpark Personal Injury Attorney | Free Case Review
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