If you were hit by an uninsured driver in California, you can usually still recover money. The main path is an uninsured motorist (UM) claim on your own auto policy under Insurance Code 11580.2. You can also sue the driver personally. Strict deadlines apply, including a two-year limit, so act early.
An uninsured driver is a driver with no liability insurance, or one whose insurer denies the claim. It also includes most hit-and-run drivers. This article explains where the money comes from when the driver who hit you has nothing, and the deadlines that can quietly end your claim. It applies to California claims. Every case is different.
How common are uninsured drivers in California?
Very common. About one in five California drivers carries no insurance at all. The Insurance Research Council estimated that 20.4 percent of California motorists were uninsured in 2023, one of the highest rates in the country. In our practice we see it weekly on I-210, I-10, and Arrow Highway crashes.
Even drivers who follow the law often carry very little coverage. Since January 1, 2025, the minimum policy under Vehicle Code 16056 is $30,000 per person, $60,000 per accident, and $15,000 for property damage. One night in a hospital can pass $30,000. So the uninsured driver problem is really two problems: drivers with nothing, and drivers with not enough. The answer to both usually sits inside your own policy.
What is uninsured motorist coverage and how does it work?
Uninsured motorist coverage is part of your own auto policy that steps into the shoes of the missing insurance company. Under Insurance Code 11580.2, every insurer must include UM coverage in a California policy unless you rejected it in writing. Most people have it and do not know it.
When the driver who hit you has no insurance, you open a claim with your own carrier, and your carrier pays what the at-fault driver should have paid, up to your UM limits. That covers medical bills, lost wages, and pain and suffering. It covers you, your passengers, and family members in your household. Here is the part that surprises people: your own carrier now sits on the other side of the table. It evaluates your claim the way any insurance company does, and disputes go to arbitration instead of a jury. We explain the difference between UM and UIM coverage in a separate guide.
Not sure what to do next? You can call Morales Law Firm for a free consultation before speaking with the insurance company, and there is no fee unless we win.
Call (626) 521-5402
Does a hit-and-run count as an uninsured driver accident?
Yes, in most cases. California treats an unidentified hit-and-run vehicle as an uninsured vehicle, so your UM coverage applies. But the statute adds strict conditions. There must have been physical contact between the hit-and-run vehicle and you or your car. A driver who runs you off the road without touching you is a harder case.
The deadlines are short. Insurance Code 11580.2(b) requires that the crash be reported to the police within 24 hours, and that you give your insurer a sworn statement of the facts within 30 days. Miss those steps and the carrier will use them against the claim. If a driver fled the scene, report it the same day, even if you feel fine. In our practice we see hit-and-run victims wait a week to report because their injuries crept up slowly, and that delay becomes the insurer’s first defense.
Can I sue an uninsured driver personally?
You can. A driver without insurance is still personally liable for the harm they caused, and you generally have two years from the crash to file suit under Code of Civil Procedure 335.1. We cover the statute of limitations for a California car accident in detail in another post.
The practical question is collection. Most people who skip a $150 monthly premium do not have savings or property to pay a judgment. A judgment is real leverage, though. It accrues interest, it can be renewed, wages can be garnished, and the DMV can suspend the driver’s license while a crash judgment goes unpaid. In the right case we pursue the driver directly. In most cases, the UM claim is the faster and more reliable recovery, and the lawsuit is a backstop.
In our experience, one of the biggest mistakes injured people make after a crash is assuming they have no case because the other driver has no insurance. That mistake can matter because your own policy may already include uninsured motorist coverage you paid for, and the two-year clock in Insurance Code 11580.2(i) keeps running while you wait. If you are dealing with this issue, save your declarations page, the police report number, and your photos from the scene, and do not sign anything from any insurance company before speaking with an attorney.
What if I was the one driving without insurance?
You can still recover your economic losses, but California limits the rest. Under Civil Code 3333.4, passed by voters as Proposition 213, an uninsured owner or driver cannot recover pain and suffering damages, even when the other driver was completely at fault.
Medical bills, car repairs, and lost income are still on the table. What disappears is the non-economic part, which is often the largest part of a serious injury claim. There is one exception: if the at-fault driver is convicted of DUI for the crash, the bar is lifted and you can pursue pain and suffering. Passengers are not punished for the driver’s choice, so an uninsured passenger in an uninsured car generally keeps a full claim. These cases turn on details, so have a lawyer look before you accept the carrier’s word for it.
Who pays for my car repairs and medical bills?
Short term, you do, through your own coverages, and that is exactly what they are for. For the car, UM property damage coverage pays up to $3,500, and your own collision coverage pays above that, minus the deductible. For your body, medical payments coverage, your health insurance, and treatment on a lien basis all fill the gap while the injury claim is pending.
The order you use them in matters, because some of what gets paid must be reimbursed out of your settlement and some does not. We walk through who pays your medical bills after a California crash in a separate article. The key point: do not skip treatment because the driver was uninsured. Gaps in care shrink the claim more than almost anything else.
What should you do after a crash with an uninsured driver?
The first week decides most of these cases. Here is the checklist we give our own clients:
- 1Call the police and get a report. A report within 24 hours is required for hit-and-run UM claims and helps every other claim.
- 2Photograph everything. Cars, plates, the intersection, your injuries, and the other driver’s license if they stayed.
- 3Find your declarations page. It lists your UM limits. If you cannot find it, ask your agent for a copy of the policy.
- 4Get checked by a doctor now. Same day or next day. Late treatment reads as no injury to an insurance adjuster.
- 5Notify your carrier of a possible UM claim. Written notice, short and factual. You must cooperate, but you do not have to guess.
- 6Talk to a lawyer before recorded statements. Your own carrier is the opposing party in a UM claim. Treat it that way.
When should you call a lawyer?
Call one if you were injured beyond a bruise, and definitely before you sign anything. A UM claim looks friendly because it stays inside your own policy, but it is a contested claim against a professional opponent, with its own traps that a regular injury case does not have.
Red flags that mean you should stop and get advice: the adjuster asks for a recorded statement or broad medical authorizations, the carrier is slow-walking the claim while your deadline runs, you are offered a quick check within weeks of the crash, fault is disputed, or the crash was a hit-and-run and the reporting steps were missed. And remember that the first number is rarely the real number. We wrote about whether to accept the first settlement offer, and the same logic applies to UM offers.
How does Morales Law Firm handle uninsured driver claims?
We handle UM and uninsured driver cases from start to finish: we locate every policy that might apply, open and document the UM claim, direct your medical care so nothing falls through the cracks, and push the claim to settlement or arbitration. Our office is in San Dimas, and we handle car accident cases across the San Gabriel Valley and Inland Empire, with court cases filed at Pomona Courthouse South or the San Bernardino Justice Center when needed.
The consultation is free, we explain your UM coverage in plain English before you decide anything, and there is no fee unless we win. If the driver who hit you had nothing, the worst move is assuming that means you get nothing.
Frequently asked questions
Is uninsured motorist coverage required in California?
Insurers must include UM coverage in every California auto policy unless you rejected or reduced it in a signed writing. Insurance Code 11580.2 sets that rule. Many drivers waived it years ago to save a few dollars and forgot. Check your declarations page or ask your agent for the signed waiver.
How long do I have to make an uninsured motorist claim?
Two years from the accident. Within that time you must either file suit against the uninsured driver, reach a written agreement with your carrier, or formally demand arbitration under Insurance Code 11580.2(i). Simply having an open claim does not stop the clock, which is where many people get hurt.
Will an uninsured motorist claim raise my insurance rates?
Generally no. California law restricts insurers from raising rates or dropping you over an accident you did not principally cause, and a UM claim is by definition a claim where the other driver was at fault. Ask your carrier to confirm the crash is coded as not at fault.
What if the uninsured driver has no money or assets?
Then a lawsuit may win a judgment that is hard to collect, which is why the UM claim on your own policy is usually the primary recovery. The judgment still has value: it collects interest, wages can be garnished, and the DMV can suspend the driver’s license while it goes unpaid.
Does uninsured motorist coverage protect my passengers?
Yes. UM coverage generally protects the named insured, resident family members, and anyone occupying the insured vehicle with permission. Injured passengers may also have UM coverage under their own household policies, and sometimes more than one policy applies. That stacking question is worth a lawyer’s review in any serious injury case.
What if I rejected UM coverage when I bought my policy?
Then you rely on the other paths: your health insurance and MedPay for treatment, collision coverage for the car, and a direct claim or lawsuit against the driver. Ask the carrier to produce your signed waiver. If a valid written waiver does not exist, the coverage may still apply.
Injured in a crash? Call or text Morales Law Firm at (626) 521-5402 for a free consultation. No fee unless we win.
Call or Text (626) 521-5402This article is for general educational purposes only and is not legal advice. Every case is different. Reading this article does not create an attorney-client relationship. If you were injured, speak with a qualified attorney about your specific facts and deadlines. Reviewed by Francisco J. Morales, Esq., California personal injury attorney, SBN 349235. About the author.
