Hit by an Uninsured Driver? Here's What to Do in California

California has one of the highest rates of uninsured drivers in the country — approximately 17% of drivers carry no auto insurance. If an uninsured driver hits you, your options depend largely on the coverage you carry.

Step 1: Call the Police and Document Everything

Regardless of the other driver's insurance status, call the police and get an accident report. Document the scene with photos, note the other driver's license plate, and get contact information from witnesses. You'll need this evidence whether you're filing under your own policy or suing the driver directly.

Step 2: Check Your Own UM/UIM Coverage

Uninsured/Underinsured Motorist (UM/UIM) coverage is the primary protection when the at-fault driver has no insurance. California law requires insurers to offer UM/UIM coverage — you must affirmatively waive it in writing to decline it. If you have it, file a claim with your own insurer.

UM coverage pays for your medical bills, lost wages, and pain and suffering up to your policy limits. It does not typically cover vehicle damage (that requires uninsured motorist property damage, or UMPD, which is a separate optional coverage).

Step 3: Consider Suing the Uninsured Driver Directly

You can sue an uninsured driver personally. The practical problem is collectability — uninsured drivers often have limited assets. However, if the driver has wages, a bank account, or property, a judgment can be enforced through wage garnishment. An attorney can assess whether suing directly makes financial sense. See our car accident resource guide for next steps after any collision.

Frequently Asked Questions

What if the other driver fled the scene (hit and run)?

A hit-and-run is treated like an uninsured motorist claim in California. Your UM coverage applies, but you generally must report the accident to police within 24 hours and to your insurer promptly. Physical contact with the other vehicle is required in most California UM policies for hit-and-run claims.

Will filing a UM claim raise my insurance rates?

In California, your insurer cannot surcharge you for a UM claim if you were not at fault. However, read your policy carefully, as some companies use UM claim history in renewal decisions. Consult an attorney before filing if you're concerned.

How much UM coverage should I carry?

California's minimum required UM coverage is $15,000 per person / $30,000 per accident — the same as the state minimum liability limits, which are very low. If you can afford it, carry $100,000/$300,000 or higher. It costs relatively little and protects you significantly.