What Happens If You’re Hit by an Uninsured or Underinsured Driver in California?

What Happens If You’re Hit by an Uninsured or Underinsured Driver in California?

• September 20, 2025
• Categories: Car Accidents

The moment another vehicle slams into yours, time seems to freeze. Your heart pounds as you check for injuries, survey the damage, and try to process what just happened. Then comes the sinking realization: the other driver either has no insurance or their coverage won’t come close to paying for your medical bills and repairs.

What happens if you’re hit by an uninsured or underinsured driver in California becomes the question that keeps you awake at night, especially when medical expenses start piling up.

You’re facing a frustrating reality that affects millions of Californians every year. Despite state requirements, roughly one in six drivers on California roads operates without proper insurance coverage. When these drivers cause accidents, innocent victims often find themselves trapped between mounting bills and inadequate resources to cover their losses.

Key Takeaways

• California requires minimum liability auto insurance, but roughly 16% of drivers operate without coverage.
• Your uninsured motorist coverage becomes your primary protection when hit by drivers without adequate insurance
• Medical payments (MedPay) coverage and collision coverage provide additional protection regardless of the other driver’s insurance status.
• You can recover lost wages, medical expenses, property damage, and more through proper insurance coverage.
• Hit-and-run accidents are treated like uninsured driver collisions under most insurance policies.
• Legal action against uninsured drivers is possible but usually impractical.
• An experienced car accident lawyer can help you handle complex insurance issues and maximize your recovery.

Your First Steps After Getting Hit by an Uninsured Driver

The chaos following any car accident intensifies when you discover the at-fault driver lacks adequate insurance. Your immediate actions can significantly impact your ability to recover compensation later.

If you’re reading this, you’ve likely already dealt with the immediate crisis of the accident scene, received initial medical care, or are currently undergoing treatment for your injuries.

However, if you haven’t been medically evaluated yet, make that your absolute priority. Adrenaline can mask serious injuries, and some conditions like whiplash or traumatic brain injuries don’t manifest symptoms until days later.

Now that you’ve taken steps to protect your health, there are a few critical steps you should take to protect your legal rights and maximize your compensation, especially when the at-fault driver lacks adequate insurance coverage.

Hire a qualified car accident lawyer immediately

Contact an experienced personal injury attorney as soon as possible. Insurance companies often try to minimize payouts to uninsured motorist claims, and having legal representation levels the playing field. A skilled lawyer can:

• Handle all communication with your insurance company
• Investigate the accident thoroughly to build your case
• Ensure you don’t accept inadequate settlement offers
• Cut through the complex coverage issues and policy language
• Pursue additional sources of compensation you might not know exist

Keep all medical appointments and follow treatment plans

Consistency in your medical care directly impacts your claim’s value. Insurance companies scrutinize gaps in treatment, interpreting missed appointments as signs that your injuries weren’t serious:

• Attend every scheduled doctor visit and therapy session
• Follow all prescribed treatments and medications exactly
• Don’t skip appointments even if you’re feeling better
• Keep detailed records of all medical providers you see
• Save receipts for prescription medications and medical equipment

Document your daily pain and recovery process

Start a journal or video diary documenting how your injuries affect your daily life. This personal record becomes powerful evidence of your intangible injuries, such as pain and suffering:

• Rate your pain levels each day on a scale of 1-10
• Describe specific activities you can no longer perform
• Note sleep disruptions caused by injury-related pain
• Record emotional impacts such as anxiety or depression
• Document how injuries affect your work, relationships, hobbies, and quality of life

Preserve all accident-related evidence

Gather and organize all documentation related to your crash:

• Police report and any witness statements
• Photos from the accident scene (if you took any)
• Your insurance policy documents
• Any correspondence you’ve had with insurance companies
• Receipts for accident-related expenses like towing or rental cars

California’s Insurance Requirements and Financial Responsibility Laws

California Vehicle Code Section 16020 requires all drivers to carry minimum liability insurance coverage. The current minimum requirements include $30,000 for bodily injury to one person, $60,000 for bodily injury to multiple people, and $15,000 for property damage. These amounts represent the bare minimum legal coverage, which often proves inadequate for serious accidents.

The state also enforces financial responsibility laws under Vehicle Code Section 16000, meaning drivers must demonstrate they can pay for damages they cause. Most drivers satisfy this requirement through liability insurance, though alternatives exist, such as cash deposits with the California Department of Motor Vehicles or surety bonds.

Despite these legal requirements, the California Department of Insurance estimates that approximately 16% of drivers operate without any insurance coverage. When uninsured drivers cause accidents, they violate state law and face serious consequences, including license suspension, vehicle impoundment, and hefty fines. However, these penalties don’t help accident victims recover compensation for their immediate needs.

Understanding Uninsured and Underinsured Motorist Coverage

Your own auto insurance policy becomes your primary source of protection when hit by drivers with no insurance or insufficient coverage. California law requires insurance companies to offer uninsured motorist coverage and underinsured motorist coverage to all policyholders, though you can decline this protection in writing.

• Uninsured motorist (UM) coverage kicks in during the following scenarios:
• The at-fault driver has no insurance whatsoever
• You’re the victim of a hit-and-run accident where the driver cannot be identified

The other driver’s insurance company becomes insolvent and cannot pay claims

When underinsured motorist coverage helps

This coverage activates when the at-fault driver carries some insurance, but their policy limits fall short of covering your total damages. For example, if you suffer $100,000 in medical expenses and lost wages, but the other driver only carries the state minimum $15,000 in bodily injury coverage, your underinsured motorist coverage (UIM) can help bridge that gap.

These coverages typically mirror your liability limits and can include both bodily injury protection and property damage coverage. Some policies separate these coverages, so you might have different limits for each type of protection. If you’re unsure of exactly what protection your insurance policy offers, consult a lawyer who can review your coverage and your case and identify your best legal options.

Medical Expenses and Treatment After Your Accident

Medical costs following car accidents can spiral quickly, especially when serious injuries require emergency surgery, extended hospital stays, or long-term rehabilitation. California’s healthcare system ranks among the most expensive in the nation, making comprehensive coverage essential for accident victims.

Your medical payments coverage (MedPay), if you carry it, provides immediate payment for medical expenses regardless of who caused the accident. This coverage typically pays for hospital bills, doctor visits, ambulance transportation, and necessary medical equipment. Unlike other types of coverage, medical payments coverage requires no deductible and processes claims quickly.

When uninsured or underinsured drivers cause your injuries, your health insurance becomes another important resource. However, health insurance companies often seek reimbursement from any eventual settlement or judgment you receive. This process, called subrogation, can reduce your final compensation unless properly handled.

To receive full compensation for your medical expenses, document all treatment and expenses, including:

• Emergency room visits and hospital stays
• Specialist consultations and follow-up appointments
• Physical therapy and rehabilitation sessions
• Prescription medications and medical equipment
• Transportation costs to medical appointments

These records become essential evidence when seeking compensation through insurance claims or legal action.

Property Damage and Vehicle Repairs

Your vehicle represents a significant financial asset, and accident damage can create immediate transportation problems along with repair expenses. When uninsured drivers cause property damage, your own collision coverage becomes the primary source of compensation for vehicle repairs or replacement.

Collision coverage pays for damage to your vehicle regardless of fault, subject to your chosen deductible. If the uninsured driver is later held financially responsible for the accident, your insurance company may pursue reimbursement and could potentially refund your deductible.

Without collision coverage, you face the challenging prospect of pursuing the uninsured driver’s personal assets directly. This process often proves challenging since drivers who cannot afford insurance typically have limited financial resources available for paying judgments.

Lost Wages and Income Recovery

Missing work after a car accident creates financial stress on top of physical pain and medical concerns. When an uninsured driver causes your injuries, recovering lost income becomes more complicated but remains possible through various coverage options.

Types of income losses you can claim include:

• Regular wages and salary for missed work days
• Overtime pay you would have earned
• Bonuses and commissions lost due to absence
• Self-employment income and business profits
• Vacation days used during recovery
• Reduced earning capacity from permanent injuries

Your uninsured motorist coverage typically includes compensation for lost wages, subject to your policy limits. Some auto insurance policies also include disability benefits that provide weekly payments while you recover from accident injuries.

Document your income losses carefully by requesting letters from your employer confirming missed work days, lost wages, and any reduction in earning capacity. Self-employed individuals should gather tax returns, bank statements, and client contracts showing typical income patterns.

Filing an Insurance Claim with Your Own Company

Working with your own insurance company after getting hit by an uninsured driver involves different procedures than typical third-party claims. Your insurer becomes both your advocate and the entity responsible for paying your damages.

Contact your insurance company immediately after the accident to report the claim. Provide them with the police report number, the other driver’s information (even if they’re uninsured), and details about your injuries and property damage. Many insurers have 24-hour claim reporting hotlines for convenience.

Your insurance company will investigate the accident to confirm the other driver’s lack of coverage and verify that their policyholder wasn’t at fault for the crash. This investigation protects the insurer from fraudulent claims while ensuring you receive proper compensation.

Be prepared to provide extensive documentation, including medical records, repair estimates, employment verification, and any other evidence supporting your claim. While this process can feel overwhelming, remember that your insurance company has financial incentives to resolve legitimate claims efficiently.

When Insurance Coverage Falls Short

Sometimes, even comprehensive uninsured motorist coverage cannot fully compensate for severe accident damages. When your insurance benefits reach their policy limits, you may need to pursue additional recovery options.

Exploring additional coverage sources

Look for other potential insurance coverage that might apply:

• Multiple vehicle policies if you own more than one car
• Umbrella policies that provide additional liability protection
• Homeowner’s or renter’s insurance with personal liability coverage
• Credit card benefits if the accident occurred while traveling

Asset investigation of the uninsured driver

When insurance coverage proves insufficient or unavailable, legal action against the uninsured driver becomes an option. However, this path requires careful consideration of costs versus potential recovery.

Filing a personal injury lawsuit against an uninsured driver follows the same legal principles as cases involving insured defendants. You must prove the other driver’s negligence caused your injuries and demonstrate the extent of your damages through medical records, employment documentation, and other evidence.

The main challenge lies in collecting any judgment you might win. California law allows various collection methods, including wage garnishment, bank account levies, and property liens. However, these tools only work if the defendant has attachable assets or income.

Before pursuing litigation, consider whether the uninsured driver has sufficient resources to pay a judgment. A skilled car accident lawyer can help investigate the defendant’s financial situation and advise whether legal action makes economic sense in your specific case.

Hit-and-Run Accidents with Unknown Drivers

Hit-and-run accidents present unique challenges since you cannot identify the at-fault driver to pursue their insurance coverage. California sees thousands of these incidents annually, leaving victims to rely primarily on their own insurance protection.

Your uninsured motorist coverage treats hit-and-run accidents the same as collisions with uninsured drivers. However, you must typically report the incident to the police within 24 hours and cooperate with their investigation to maintain coverage eligibility.

Steps specific to hit-and-run cases

• File a police report immediately, even for minor damage
• Search for witnesses who might have seen the fleeing vehicle
• Look for security cameras that may have captured the incident
• Check nearby businesses for surveillance footage
• Canvass the area for vehicle parts left behind at the scene

Some hit-and-run drivers return to the scene later or contact police after initially fleeing. Maintaining detailed records helps if the driver is eventually identified and their insurance becomes available.

Get the Legal Help You Need After an Uninsured Driver Accident

Being injured by an uninsured driver can leave you in pain, stress, and uncertainty. Medical expenses mount while you’re unable to work, and the insurance claim process feels like you’re working a second job. When the at-fault driver lacks coverage, you need a skilled personal injury lawyer with a proven record of securing full and fair compensation for car accident victims.

From our offices in Irvine, Dana Point, San Diego, San Francisco, and Los Angeles, Neale & Fhima: Accident, Injury, and Lemon Law Lawyers has recovered millions for California clients hit by uninsured and underinsured drivers. We know exactly which coverage applies to your situation, how to build compelling damage claims, and where to find all sources of potential compensation to maximize your recovery.

Our attorneys take over the legal battle so you can focus on recovering and getting your life back on track. With a 99% success rate, we’ve proven we can secure full compensation in some of the most challenging uninsured driver cases. If we handle your case, it’s because we believe in its merit and our ability to recover maximum compensation for you.

Don’t spend another day wondering who will pay for your injuries and what the future holds. Call Neale & Fhima at (888) 407-2955 or contact us online today for your free consultation.