Uninsured Motorist Accident in California

Updated: May 30, 2025

In California, where car insurance is legally required, thousands of drivers still get behind the wheel without coverage or with bare-minimum policies that fail to cover serious injuries or property damage. 

If you were recently involved in a car accident with an uninsured or underinsured driver, here are the steps to protect your rights and effectively recover your losses. 

For additional information, schedule a free consultation with a car accident lawyer today.

What to Do After an Accident With an Uninsured or Underinsured Driver in California

Dealing with car accidents is difficult, particularly when the responsible driver doesn’t have insurance or lacks sufficient coverage for the resulting damages. If you’ve been in an accident with an uninsured or underinsured driver, take the following steps to protect your rights.

1. Ensure Safety, Then Collect Evidence

After any personal injury accident–especially motor vehicle-related accidents–the immediate priority is safety. Call 911 if anyone is injured and wait for emergency services. While waiting, try to document the accident scene.

• Photos: Take detailed pictures of both vehicles, the accident scene, road conditions, and any visible injuries.
• Driver Information: Get the other driver’s name, contact number, and license plate number. If they refuse or cannot provide insurance information, make a note of it.
• Police Report: Always request an official accident report, which will become available at a later time. The responding officer will provide a case number and additional information on when the police report can be collected. This is crucial to the insurance claim.
• Witnesses: Get the names and phone numbers of any eyewitnesses. Their statements can support your version of events later.

2. Seek Immediate Medical Attention

Even when feeling fine or when it appears only minor injuries were sustained, it’s vital to still seek a medical evaluation as soon as possible. Not all injuries are immediately apparent, with symptoms developing over time.

Prompt treatment accomplishes two significant things. First, it protects your health, ensuring you receive the right medical treatment to properly heal from injuries. Second, it details your injuries and recovery process, further supporting your insurance claim.

This documentation is pivotal to recovering the maximum compensation. Therefore, keep detailed records of:

• All doctor visits
• Diagnostic tests (e.g., X-rays, MRIs)
• Medications and prescriptions
• Physical therapy
• Recommendations to take leave from work
• Specialized treatment (e.g., surgery, pain management)
• Transportation costs to appointments (e.g., Uber, Lyft)

3. Notify Your Insurance Company Immediately

Contact your auto insurance provider to report the car accident. Inform them that the other driver is either uninsured or underinsured.

Provide all collected information and the police report to them. Honesty and thoroughness are crucial to prevent complications, but refrain from speculating or sharing any details beyond the facts.

Navigating Underinsured/Underinsured Motorist Coverage

If you carry uninsured/underinsured motorist (UM/UIM) coverage, this is when it becomes essential.

This coverage applies when the at-fault driver lacks insurance or has insufficient coverage for the sustained damages. Your insurance company can review your policy and confirm if UM/UIM is covered.

4. Explore All Viable Legal Options

California’s fault-based legal system typically holds the at-fault driver’s insurance responsible for damages. However, recovering compensation can be challenging with uninsured drivers, despite mandatory minimum coverage.

Depending on the circumstances, injured victims benefit greatly from consulting an experienced personal injury attorney to understand their legal options, assess their claim, and determine the best strategy. 

This sometimes involves continuous negotiations or filing a car accident lawsuit to secure compensation. Understanding all viable legal options is essential for exploring financial recovery options.

What if the At-Fault Driver Has No Money?

Even when an injured party successfully wins a lawsuit against an uninsured driver, recovering compensation can be difficult because these individuals frequently do not have sufficient assets to pay the judgment. However, legal action is still worth pursuing because:

• It establishes legal responsibility
• It opens up possibilities for wage garnishment or liens
• It may force the driver to settle or make payments

An attorney can advise you on whether this route is worth taking and help explore alternative compensation options.

5. Do Not Miss the Statute of Limitations

In California, the statute of limitations for personal injury claims, including car accident claims, is typically two years from the date the injury was sustained.

Failing to meet the statute of limitations requirements will result in losing the right to compensation. Therefore, begin the claims process as soon as possible and consult with a car accident lawyer if you have any questions about the timeline.

6. File a Claim with the California DMV

California provides another method to influence uninsured drivers by allowing you to file a financial responsibility claim with the California DMV.

The DMV will send a notice giving the driver a chance to demonstrate financial responsibility. If they fail to do so, their driver’s license could be suspended.

Although this does not necessarily guarantee reimbursement, it might encourage a reluctant driver to settle.

7. Avoid Insurance Company Tactics

Insurance companies–even your own–often try to minimize payouts. This is why it is crucial to be prepared for negotiations and to understand the value of your claim.

Insurance companies commonly apply the following tactics when handling uninsured/underinsured motorists claims:

• Postponing the claim process so the statute of limitations expires
• Denying the claim based on “insufficient” evidence
• Minimizing the seriousness of sustained injuries
• Pressuring a settlement with the implication that a better offer is unlikely
• Contesting damages and the level of losses
• Proposing a settlement significantly below the actual claim value

A car accident attorney can be instrumental in these negotiations, ensuring that injured clients receive fair compensation. They can handle communications with the insurance company and provide evidence to support the claim.

What to Avoid Doing After Being in an Uninsured Automobile Accident 

To avoid compromising a car accident claim, it is not only vital to follow key steps, but it is just as important to avoid certain actions, as well. Avoid the following:

• Don’t confront the other driver: This could escalate the situation, especially if tensions are high. Instead, just exchange all necessary contact information and insurance details (if available).
• Don’t say “sorry” or admit fault: Even if you appear to be partially at fault, liability can only be established through a comprehensive investigation, as evidence may reveal a different conclusion. Additionally, a simple apology can be interpreted as an admission of guilt.
• Don’t settle early: Insurance companies often offer insufficient settlements, and uninsured drivers might try to persuade an “under-the-table” agreement. Consult with a car accident attorney before making verbal commitments or signing anything. Once an agreement is finalized, it is irreversible.
• Don’t give up: Even if the at-fault driver cannot pay or the insurance companies are being difficult, there are other viable legal options that can be taken to recocover fair compensation.

An Overview of Uninsured and Underinsured Motorist Coverage in California

California drivers are legally obligated to carry minimum liability insurance, consisting of:

• $15,000 for injury or death to one person
• $30,000 for injury or death to more than one person
• $5,000 for property damage

This is referred to as 15/30/5 coverage, and it is the legal minimum auto insurance. Unfortunately, these minimums often do not cover the extent of damages in most car accidents. Additionally, many drivers are still uninsured, leaving inadequate financial protection for accident victims.

Uninsured Motorist (UM) coverage and Underinsured Motorist (UIM) coverage become crucial in such situations.

• Uninsured Motorist Coverage: Applies when the at-fault driver has no insurance or flees the scene in a hit-and-run
• Underinsured Motorist Coverage: Applies when the at-fault driver has insurance, but it is not enough to cover medical bills and other damages

Unless declined in writing, California law mandates that insurance providers include UM/UIM coverage in auto insurance policies. The standard limits consist of:

• $30,000 per person for bodily injury
• $60,000 per accident for bodily injury
• $15,000 for property damage

Talk to an Uninsured Motorist Attorney in California

If you have sustained injuries due to an underinsured or uninsured driver, Attorney Jeff Car Accident Lawyer can help. Our seasoned legal team possesses a demonstrated history of successfully managing such claims and is committed to pursuing just compensation on your behalf. We provide the following legal services: 

• Properly filing all necessary insurance claims
• Directly negotiating with insurance companies
• Challenging inadequate settlement offers
• Exploring other legal action against the responsible parties
• Ensuring strict adherence to all critical deadlines
• Pursuing maximum compensation for all damages, such as medical expenses, lost wages, pain and suffering, and other applicable losses

• Providing representation in arbitration or court proceedings, if necessary

Schedule a free consultation by calling 888-670-3792 or filling out our online form today. Prompt action may be crucial to your financial and physical recovery. After an accident, Jeff’s got you.