The other driver caused the crash, but now you are facing medical bills and vehicle damage with no insurance on their side to turn to. An experienced uninsured car accident lawyer can help you look at another source of compensation: your own auto insurance policy.
This guide covers how uninsured and underinsured motorist coverage works in California, how to check your policy, and what happens when you file a claim. Contact Berg Injury Lawyers to discuss your coverage and legal options.
How Common Are Uninsured Drivers in California?
According to the Insurance Information Institute, citing data from the Insurance Research Council, an estimated 17% of California motorists were uninsured in 2022, roughly one in six drivers.
Uninsured motorist rates can vary with economic conditions, insurance costs, and state insurance laws. With roughly one in six motorists uninsured, encountering an uninsured driver is common in California.
What California Requires Drivers to Carry, and Why It Often Falls Short
California increased its minimum auto liability insurance requirements on Jan. 1, 2025. According to the California DMV, drivers must now carry at least $30,000 for injury or death to one person, $60,000 for injury or death to more than one person, and $15,000 for property damage.
Those limits can be exhausted quickly after a serious injury. When the at-fault driver’s insurance is not enough to cover your losses, underinsured motorist coverage may apply.
California law can also restrict compensation when the injured driver did not have required auto insurance at the time of the crash. Under Proposition 213, an uninsured driver generally cannot recover non-economic damages, such as pain and suffering, even when another driver caused the collision. Learn more about how Proposition 213 can affect a California car accident claim.
Uninsured vs. Underinsured Motorist Coverage
Although the terms sound similar, they apply in different situations:
- Uninsured Motorist Coverage: May apply when the at-fault driver has no liability insurance
- Underinsured Motorist Coverage: May apply when the driver’s insurance limits are not enough to cover your losses
- Uninsured Motorist Bodily Injury: Can cover injury-related losses, including medical expenses and lost income
- Uninsured Motorist Property Damage: Can provide coverage for damage to your vehicle, subject to policy requirements
UM and UIM bodily injury coverage may appear together on your declarations page, which is one reason the terms are sometimes confused. The declarations page shows the types of coverage you purchased and the applicable limits.
One important distinction involves hit-and-run crashes. California uninsured motorist property damage coverage requires direct physical contact with the uninsured vehicle and identification of either the driver or the vehicle by its license number. Collision coverage works differently and may cover vehicle damage, subject to the policy’s terms and deductible.
How Do You Know If You Have UM Coverage?
California insurers must offer uninsured motorist coverage, but a policyholder can decline it in writing. Under California Insurance Code § 11580.2, the written waiver must follow specific requirements.
Start with your policy’s declarations page. Look for uninsured or underinsured motorist coverage and the corresponding limits, then compare those limits with your accident-related medical bills and other losses.
An experienced uninsured car accident lawyer can review the full policy and look for other potential sources of coverage, such as a qualifying household member’s auto policy or an applicable umbrella policy.
If you’re in an accident, contact Berg Injury Lawyers to have our team review the available coverage.
Can UM Coverage Protect You Outside Your Car?
Uninsured motorist coverage may protect you even when you are not driving the vehicle listed on your policy. The exact coverage depends on the policy and circumstances.
What If You Were a Passenger?
If you are injured as a passenger in someone else’s vehicle, UM coverage on that vehicle may apply. Your own coverage may also provide protection, depending on the policies involved.
What If You Were Walking or Riding a Bicycle?
Your UM coverage may apply if an uninsured or hit-and-run driver injures you while you are walking or riding a bicycle. Coverage depends on the crash circumstances and your policy.
What If a Household Member Was Driving Another Car?
UM coverage may extend to a qualifying spouse or relative who lives in your household, even when that person is driving a different vehicle. Policy terms and exclusions can affect which coverage applies.
What If You Were Hurt in a Rideshare Accident?
Rideshare insurance can depend on the driver’s status in the app at the time of the crash, including whether the driver was waiting for a ride request, had accepted a request and was traveling to pick up the passenger, or already had the passenger in the vehicle.
During a passenger trip, the rideshare company’s uninsured or underinsured motorist coverage may apply if another driver causes the crash and lacks sufficient insurance.
Is Health Insurance Enough After an Uninsured Driver Crash?
Health insurance can help pay for medical treatment, but it does not cover losses such as lost income or pain and suffering. You may also face deductibles, copays, and travel expenses for medical appointments.
A health plan that pays accident-related medical bills may have the right to seek reimbursement from a later injury recovery. In other words, some of the compensation you recover may have to go toward repaying the health plan, reducing the amount you ultimately keep.
Depending on your injuries and other losses, you may be entitled to compensation beyond the medical bills paid by health insurance.
What Should You Do After an Accident With an Uninsured Driver?
After the crash, report the accident, gather the other driver’s information, photograph the scene and vehicle damage, and seek medical care for your injuries. Also notify your insurer and review your policy for UM coverage.
Keep copies of medical bills, repair estimates, wage records, and correspondence with the insurance company. These records can help document your losses.
Filing a UM Claim Means Negotiating With Your Own Insurance Company
One unusual feature of an uninsured motorist claim is that you seek coverage from your own insurance company. Even though you are dealing with your own insurer, you still need to establish the other driver’s fault and document your injuries and losses.
The claims process may involve slow responses, disagreements over the severity of your injuries, or settlement offers that do not reflect the full value of your claim.
If you and the insurer cannot agree on your right to recover damages or the amount, California UM disputes may be resolved through arbitration rather than a jury trial.
An experienced uninsured car accident lawyer can review the policy, document your losses, and negotiate with the insurer on your behalf.
Talk With an Experienced Uninsured Car Accident Lawyer in California
Being hit by an uninsured driver does not necessarily mean you have to absorb the financial consequences yourself. Your own policy or another applicable policy may provide coverage for your injuries and other losses.
For more than 45 years, Berg Injury Lawyers has served injured people throughout Northern California. Our team of attorneys, paralegals, case managers, and investigators can review your policy, identify available coverage, and help pursue available compensation.
Contact us for a free consultation. Berg Injury Lawyers handles cases under our No Fee Guarantee®: if you don’t win your case, you pay nothing.
