What Happens If You’re Injured by an Uninsured Driver in California?
Getting rear-ended at a stoplight is bad enough. Finding out the other driver has no insurance? That's when things get complicated. You're stuck with medical bills, a damaged car, and zero idea how to recover a dime. Here's the information you need to understand what typically happens when someone gets hit by an uninsured driver in California.
The Uninsured Driver Problem in California
California has approximately 17% of drivers on the road without insurance. That's roughly one in every six cars you pass on the 5. With about 27 million licensed drivers in the state, you're looking at over 4 million uninsured motorists cruising around Orange County and beyond.
The numbers got worse after 2017. Nationally, the uninsured driver rate jumped from 11.6% in 2017 to 15.4% by 2023. California mirrors that trend. Why? Insurance costs are through the roof. When people can't afford coverage, they drop it and hope for the best.
California's Insurance Requirements (And Why They Matter)
As of January 1, 2025, California requires minimum liability coverage of $30,000 per person for bodily injury, $60,000 per accident, and $15,000 for property damage. These are new limits that doubled from the old minimums of $15,000/$30,000/$5,000 that had been in place since 1967.
Here's the thing: even these new limits are laughably low for serious injuries. A hospital stay, surgery, and physical therapy will blow past $30,000 rather quickly. And that's just medical bills. Add lost wages, future treatment, and pain and suffering, and you're looking at six figures easily.
But when someone doesn't have insurance at all, even those minimal limits don't exist. The recovery process looks completely different.
What Typically Happens at the Accident Scene
Documentation matters. Photos of all vehicle damage, the accident scene, license plates, and road conditions become important later. Most people collect the other driver's information including their name, license number, and vehicle registration. Witness contact information can be valuable too.
Some drivers will claim they don't have insurance when they actually do. It's a bluff tactic. That's why getting the license number and plate information matters. Law enforcement can verify insurance status, and this information gets used in insurance claims.
Police reports create an official record. Getting medical attention right away matters too, even when someone feels fine initially. Adrenaline masks injuries, and some symptoms don't show up for days.
Insurance Coverage Options People Can Use
Uninsured Motorist Coverage
Uninsured motorist coverage is often how people recover damages when an uninsured driver hits them. This coverage has two parts that work differently.
Uninsured Motorist Bodily Injury (UMBI) covers medical expenses, lost wages, and pain and suffering. California requires all insurers to offer uninsured motorist coverage to policyholders, with a minimum coverage level of $15,000 per person, $30,000 per accident, and $3,500 in property damage. People have to actively decline this coverage in writing when buying a policy.
Here's what most people miss: uninsured motorist coverage ideally matches liability limits. When someone carries $100,000 in liability coverage but only $15,000 in UM coverage, there's a gap. With 17% of California drivers uninsured, that's a risky setup.
Uninsured Motorist Property Damage (UMPD) covers damage to vehicles, but the limit in California is capped at $3,500 and only applies if the uninsured driver is identified. That won't cover much for a totaled car or significant body damage. This is where collision coverage becomes relevant.
Collision Coverage
Collision coverage pays for repairs or replacement of vehicles regardless of who caused the accident. When an uninsured driver totals a car, collision coverage can get someone back on the road without chasing down someone who has no money.
The deductible gets paid first, then insurance covers the rest. Insurance companies may go after the uninsured driver for reimbursement through a process called subrogation.
Medical Payments Coverage
MedPay is optional coverage that pays medical expenses for drivers and passengers after an accident, regardless of who was at fault. California is not a no-fault insurance state, so it doesn't offer typical Personal Injury Protection coverage like some states do, but MedPay fills a similar role.
When someone has high deductible health insurance, MedPay can cover those out-of-pocket costs without waiting for a settlement. It pays quickly, which matters when physical therapy or follow-up appointments are needed.
How Uninsured Motorist Claims Typically Work
Insurance companies get contacted right away when this happens. California law requires insurance companies to approve or deny a claim within 40 days.
Two things need to get proven: the other driver was at fault, and they were uninsured. Police reports help establish fault. Insurers verify insurance status through the Department of Motor Vehicles database.
Documentation submitted usually includes medical records, bills, repair estimates, photos from the scene, the police report, and records of lost wages. Keeping copies of everything is standard practice. Insurance companies have a habit of "losing" paperwork, especially when claims get expensive.
People filing claims sometimes find their own insurance company pushes back. The insurer is paying the claim out of their pocket, so they often fight on coverage issues, question injuries, and make low settlement offers. This catches people off guard.
The Reality of Suing Uninsured Drivers Directly
People have the legal right to sue whoever hit them. California follows the pure comparative negligence method, so damages get reduced in proportion to any fault assigned to the injured person.
But when a driver had the means to pay damages, they likely would have carried insurance in the first place. Most uninsured drivers are uninsured precisely because they're broke. Someone can win a lawsuit and get a judgment for $100,000, but when the other person doesn't have assets or wages to garnish, that judgment is doesn’t hold as much weight. People call this a "paper win," and it won't pay bills.
Before filing a lawsuit, investigating whether it's worth the effort makes sense. Does the other driver own property? Have a decent job with garnishable wages? Retirement accounts? When the answer is no to all of the above, a lawsuit probably won't accomplish anything except costing money.
People have two years from the injury date to file a personal injury claim. This is the statute of limitations, and it's a hard deadline. Miss it, and there's no case regardless of how strong the claim was.
What Happens Without Uninsured Motorist Coverage
This is where things get ugly. Without UM coverage, there are two options: sue the uninsured driver directly or pay the costs out of pocket.
Health insurance will cover medical treatment, but there are still deductibles and copays to deal with. Health insurance doesn't cover lost wages, vehicle damage, or pain and suffering. Those costs fall on the injured person.
This is why carrying UM coverage matters. It costs relatively little compared to the protection it provides. The cost of uninsured motorist coverage was around $78 per insured vehicle as of 2016, which is far less than one emergency room visit.
Hit and Run Situations
When a driver flees the scene and can't be identified, UM coverage still typically applies. Reporting the accident to police immediately is standard, as a police report is often required for claims under uninsured motorist coverage.
Without UM coverage, people look at collision coverage for vehicle damage and MedPay or health insurance for medical bills. That's it.
The Comparative Negligence Issue
California uses a pure comparative negligence system where if someone is partly at fault, their financial recovery gets reduced proportionally.
Here's an example: the other driver ran a red light, but the injured person was speeding. A jury finds the injured person 20% at fault. Total damages are $100,000. Recovery is limited to $80,000 because of the 20% share of fault.
This matters in UM claims too. Insurance companies will try to assign partial fault to reduce what they have to pay. They'll scrutinize everything: was the driver distracted, following too close, did they have time to avoid the accident? Expect to defend the version of events.
The DMV Suspension Process
People can file a claim with the Department of Motor Vehicles against the uninsured driver, which can potentially lead to suspension of the driver's license and registration if they fail to compensate for damages.
This won't directly result in payment, but it adds pressure. Some uninsured drivers will try to scrape together a settlement to avoid losing their license. It's worth pursuing, especially when they're completely uncooperative.
When People Typically Seek Legal Help
Insurance companies count on people not knowing the rules. They use that lack of knowledge during negotiations.
Attorneys who handle these cases regularly know how to work uninsured motorist claims, spot coverage that insurers "forget" to mention, and push back when carriers try to deny or undervalue claims. These cases come through our office constantly. The games insurers play become predictable.
When injuries are serious, when there's a dispute over fault, when insurers are dragging their feet or making low offers, or when someone is considering a lawsuit against the uninsured driver, legal representation shifts the leverage. Insurance companies settle higher and faster when an attorney is involved because they know lawsuits will get filed if they don't play fair.
Most personal injury attorneys work on contingency, meaning no fees unless money gets recovered. Consultations typically cost nothing, and people learn exactly where they stand.
Key Takeaways
Nearly 17% of California drivers are uninsured, making UM coverage critical protection
Uninsured motorist coverage through someone's own policy is usually the best option for recovery after getting hit by an uninsured driver
Suing an uninsured driver directly often results in worthless paper judgments because they lack assets
Documentation at the accident scene matters, including the other driver's information and witness contact details
People have two years to file a lawsuit for injuries and three years for property damage claims
Frequently Asked Questions
What happens if someone gets hit by an uninsured driver in California and they don't have UM coverage?
Options are limited to suing the uninsured driver directly (rarely productive) or paying costs personally. Health insurance will cover medical treatment but not lost wages, vehicle damage beyond collision coverage, or pain and suffering.
Can someone recover pain and suffering damages from their own uninsured motorist coverage?
Yes. UM coverage typically compensates for all damages the at-fault driver would have owed, including pain and suffering, lost wages, and future medical costs, up to policy limits.
How long does an uninsured motorist claim typically take to settle?
It varies widely. Straightforward cases with clear liability and minor injuries might settle in a few months. Complex cases with serious injuries, disputed fault, or uncooperative insurers can take a year or more.
Will insurance rates go up if someone files an uninsured motorist claim?
Generally no, because the person wasn't at fault. California law limits when insurers can raise rates. However, policies vary, so reviewing the specific policy or asking an agent clarifies this.
What if the uninsured driver was also drunk or committing a crime?
Criminal behavior doesn't change civil recovery options. People still pursue their UM claim or sue directly. The criminal case is separate. Any criminal restitution order might help collect later if the driver has money.
Conclusion
Getting injured by an uninsured driver creates a frustrating situation where the person responsible has no ability to pay. California law provides pathways to recovery through insurance policies, when people planned ahead with the right coverage.
The uninsured motorist problem in California isn't improving. Insurance costs keep rising, which means more drivers will drop coverage or never buy it in the first place. That makes carrying UM coverage more important than ever. It's the safety net that catches people when someone without insurance causes a wreck.
For anyone dealing with this situation now, focus on these immediate steps: document everything, notify the insurance company, get proper medical treatment, and keep records of all expenses and losses. The clock is ticking on claim deadlines.
Insurance companies don't automatically pay what people deserve. They're businesses protecting their bottom line. Low offers get pushed back on, denials get questioned, and accepting the first settlement just to close the file isn't always wise. People are entitled to full compensation for injuries, lost income, and the disruption a crash caused.
The right information puts people in a stronger position to understand their options. Now you know what typically happens and how the process works. That knowledge helps when dealing with insurance companies and uninsured drivers.
References
This post shares helpful information but is not a substitute for legal advice. Every accident is different, and talking with a qualified personal injury attorney is the best way to protect your rights and interests.