Getting into a car accident is stressful enough — but finding out the at‑fault driver has no insurance can feel overwhelming. The good news is that California law gives you several ways to recover compensation, even when the other driver can’t pay.
This guide explains exactly what to do if you’re hit by an uninsured or underinsured driver in California, how UM/UIM coverage works, and how to protect your claim from insurance company tactics.
1. How Common Are Uninsured Drivers in California?
California has one of the highest rates of uninsured drivers in the country. According to the Insurance Research Council, roughly 16% of California drivers are uninsured — and many more carry only the minimum coverage.
That means thousands of Californians are hit by uninsured or underinsured drivers every year.
2. What Happens If the At‑Fault Driver Has No Insurance?
If the at‑fault driver has no insurance, they are still legally responsible for your damages — but collecting money from them is extremely difficult.
Why?
- Most uninsured drivers cannot afford to pay out of pocket
- Lawsuits against uninsured drivers rarely result in meaningful recovery
- They may not have assets to collect against
This is why Uninsured Motorist (UM) coverage is so important.
Learn more about California insurance requirements here: California DMV – Insurance Requirements
3. Your Best Protection: Uninsured Motorist (UM) Coverage
If you have UM coverage, your own insurance company steps in and pays for your damages as if they insured the at‑fault driver.
UM covers:
- Medical bills
- Lost wages
- Pain and suffering
- Funeral expenses (in fatal accidents)
- Hit‑and‑run accidents
UM does NOT increase your premiums
California law prohibits insurers from raising your rates for using UM coverage when you were not at fault.
If you were injured, visit our Personal Injury page:
4. What About Underinsured Motorist (UIM) Coverage?
Many California drivers carry only the minimum liability limits:
- $15,000 per person
- $30,000 per accident
- $5,000 property damage
These limits are often not enough to cover serious injuries.
UIM kicks in when:
- The at‑fault driver’s insurance is too low
- Your damages exceed their policy limits
Example:
Your medical bills = $50,000
At‑fault driver’s policy = $15,000
Your UIM coverage pays the remaining $35,000 (up to your limits)
5. What If You Don’t Have UM/UIM Coverage?
You still have options, including:
- Collision coverage (for vehicle repairs)
- Medical Payments (MedPay) coverage
- Suing the at‑fault driver (rarely successful but possible)
- Victim compensation programs (in limited circumstances)
But without UM/UIM, your recovery options are more limited.
If you’re unsure what coverage you have, Infinity Law Group can review your policy for free.
6. What If the Driver Flees the Scene? (Hit‑and‑Run Accidents)
Hit‑and‑run accidents are treated the same as uninsured driver cases.
UM coverage applies when:
- The driver flees
- The driver is never identified
- The driver refuses to provide insurance
Learn more about hit‑and‑run accidents here:
7. How to File a UM/UIM Claim in California
Here’s the exact process:
Step 1: Report the accident to your insurer
Even though the other driver is uninsured, you must notify your insurance company immediately.
Step 2: Request your police report
You can get it through CHP here:
Step 3: Get medical treatment
Your medical records are the foundation of your claim.
Step 4: File a UM/UIM claim
Your insurer will require:
- Medical bills
- Proof of lost wages
- Photos
- Witness statements
- Police report
Step 5: Negotiate your settlement
Your insurer may still try to lowball you — even though you’re their customer.
8. Why UM/UIM Claims Are Often Denied or Delayed
Insurance companies frequently deny UM/UIM claims by arguing:
- You weren’t really injured
- Your injuries were pre‑existing
- You didn’t get treatment fast enough
- You didn’t prove the other driver was uninsured
- Your damages are “excessive”
This is why having a lawyer is critical.
9. When to Contact a Lawyer for an Uninsured Motorist Claim
You should contact a lawyer if:
- The at‑fault driver has no insurance
- Your insurer is delaying your claim
- Your medical bills are high
- You suffered serious injuries
- You’re unsure what coverage you have
- You received a lowball offer
Infinity Law Group can handle the entire UM/UIM process and fight for the compensation you deserve.
Hit by an Uninsured Driver? Infinity Law Group Can Help
If you were injured by an uninsured or underinsured driver in California, you still have options — and you may be entitled to significant compensation.
Contact Infinity Law Group today for a free consultation:
