Hit by a driver with no insurance in California

Finding out the other driver has no insurance is a sinking feeling. It doesn't always mean you're out of options. Often the answer is in your own policy.

Check your own policy first

California insurers must offer uninsured motorist (UM) coverage with every auto policy. Many drivers have it without realizing it. You only don't have it if you turned it down in writing. Look at your policy's declarations page, or call your agent and ask:

  • Do I have uninsured/underinsured motorist bodily injury coverage? What are the limits?
  • Do I have uninsured motorist property damage coverage, or collision coverage?
  • Do I have medical payments (MedPay) coverage?

Underinsured coverage can also help when the other driver has insurance, but not enough to cover your injuries.

Deadlines are different for UM claims

Under California Insurance Code section 11580.2, an uninsured motorist claim generally has to be moved forward within two years of the accident: by suing the uninsured driver, by reaching an agreement with your insurer, or by formally demanding arbitration. Simply notifying your insurer isn't always enough. This is one of the most common ways people lose coverage they paid for.

If you didn't have insurance either

Under Proposition 213, an uninsured driver generally can't recover pain and suffering damages, even when the other driver was at fault. Medical bills and lost wages can usually still be recovered. There are exceptions, for example when the at-fault driver was convicted of drunk driving.

Don't skip these steps

  • Call the police and get a report number, even if the other driver begs you not to.
  • Photograph their driver's license, plate, and car. Uninsured drivers sometimes give false information.
  • Tell your own insurance company about the accident promptly.
  • File a DMV SR-1 report within 10 days if anyone was hurt or damage is over $1,000.
General information, not legal advice. Your options depend on your policy and the facts. Talk to a licensed California attorney about your situation.
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