Getting hit by an uninsured driver is one of the most frustrating things that can happen on a California road. You did everything right, but now you are hurt, and the person responsible for the crash lacks the legally required insurance policy to cover the damage they caused to you.
An experienced uninsured motorist accident lawyer can help you pursue compensation through your own coverage and other available options. At Berg Injury Lawyers, a full team works on your claim, and we have helped injured people across Northern California stand up to insurance companies for over 45 years.
We also have the No Fee Guarantee®, which means if you don’t win, you pay nothing. Contact us for a free consultation to talk through what happened.
What an Uninsured Motorist Claim Is in California
An uninsured motorist claim is how you recover money for your injuries when the driver who hit you has no insurance. Here is the part that surprises most people: you usually file this claim with your own insurance company, not the other driver’s, because the other driver has no policy to pay you.
Uninsured motorist coverage (UM) and underinsured motorist coverage (UIM) are two related protections built into many California auto policies. UM coverage applies when the at-fault driver has no insurance. UIM coverage applies when the at-fault driver has some insurance, but not enough to cover the full cost of your injuries.
California does not require drivers to buy UM or UIM coverage. Insurers are required to offer it, though, and you have to reject it in writing to go without it. Because of that, many people carry this coverage without realizing it until they need it. Checking your own policy is one of the first things worth doing after a crash with an uninsured driver.
California Car Insurance Requirements and the Uninsured Driver Problem
Driving without insurance is illegal in California. Every driver is required to show financial responsibility, and most do that by carrying a liability policy. The state sets minimum coverage amounts that a driver must carry:
- $15,000: For the injury or death of one person in an accident.
- $30,000: For the injury or death of more than one person in a single accident.
- $5,000: For damage to another person’s property.
A liability policy is the most common way to meet this requirement, but it is not the only one. California also recognizes a cash deposit with the DMV, a DMV-issued self-insurance certificate, and a surety bond from a licensed company as acceptable proof of financial responsibility.
Even with these rules, a meaningful share of California drivers are on the road with no coverage at all. When one of them causes a serious crash, the minimum limits above are often nowhere near enough to cover a hospital stay, surgery, lost income, and a long recovery. That gap is exactly what uninsured and underinsured motorist coverage is built to close.
Your Options After a Crash With an Uninsured Driver
When the driver who hit you has no insurance, you generally have a few paths forward. The right one depends on your coverage and the other driver’s situation.
- File under your own UM coverage: If you carry uninsured motorist coverage, your own insurer can pay for your injuries up to your policy limits, often faster than a lawsuit would.
- Use UIM coverage for the shortfall: If the at-fault driver has a small policy that does not cover your full losses, underinsured motorist coverage can help make up the difference up to your limits.
- Pursue the driver directly: You can file a claim or lawsuit against the uninsured driver personally, since having no insurance does not erase their responsibility for the harm they caused.
That last option comes with a hard truth that other firms tend to skip. Many uninsured drivers have no money and no assets, so even a court judgment in your favor may be difficult to collect.
Some do own homes, have savings, or earn a steady income, and in those cases pursuing them can make sense. An experienced attorney can investigate the driver’s finances and tell you honestly whether it is worth the effort.
Depending on your injuries and coverage, you may be entitled to compensation for medical bills, lost wages, future care, and pain and suffering. The value of any claim depends on the specific facts, and no honest lawyer can promise a dollar figure up front. If you want a clear read on your options, talk to our team before you accept anything from an insurer.
How the California Uninsured Motorist Claim Process Works
A UM claim moves through a series of steps, and getting them right protects the value of your case. These steps include:
- Report the crash: Call the police from the scene so there is an official record, and report the accident to the DMV if it meets the state’s reporting thresholds.
- Notify your insurer: Tell your own insurance company about the accident promptly, and let them know you intend to open an uninsured motorist claim.
- Document everything: Keep records of your medical treatment, your injuries, time missed from work, and any out-of-pocket costs tied to the crash.
- Work through the claim: Your insurer will review the claim and make an offer, which is where many people find the number lower than they expected.
California follows a pure comparative fault rule, which means your share of responsibility for the crash can reduce your compensation. If you were partly at fault, you can still recover, but your percentage of fault lowers your recovery. Insurers know this and sometimes try to shift more blame onto you to pay less.
This is where having a lawyer matters. Your own insurance company is still an insurance company, and a UM claim can turn into a fight over what your injuries are worth. We can handle the back-and-forth, push back on a lowball offer, and work to help ensure the full extent of your losses is on the table.
Pedestrians, Rideshare Drivers, and Passengers
Uninsured motorist coverage is not only for the person behind the wheel. Several groups of people can be left exposed when an uninsured driver causes harm, and coverage often reaches further than they expect.
Pedestrians and Cyclists
If you were walking or riding a bike when an uninsured driver hit you, your own auto insurance UM coverage can still apply. Many people do not realize their car policy can protect them even when they were not in their car at the time. If you do not have your own policy, a household member’s coverage may be an option worth checking.
Uber and Lyft Drivers
Rideshare drivers face a more complicated picture. While you are logged into the app, the rideshare company’s uninsured motorist coverage may apply, and your personal policy may come into play depending on what stage of a trip you were in. Sorting out which coverage responds can be confusing, and it often overlaps with a broader rideshare accident claim. An attorney can help untangle which policy pays.
Passengers
If you were a passenger in a car struck by an uninsured driver, you may be able to claim under the driver’s UM coverage, your own policy, or a household member’s policy. Passengers often have more options than they assume.
How Berg Injury Lawyers Can Help
When you bring your case to Berg Injury Lawyers, you are not handing it to a single attorney juggling a stack of files. A full team works on your claim, including attorneys, paralegals, case managers, and investigators, all focused on building the strongest version of your case.
We have spent over 45 years representing injured people across Northern California, from the East Bay to the Central Valley. We know how insurance companies evaluate uninsured motorist claims, and we know how to respond when they undervalue what you have been through. Our experienced car accident attorneys are ready to take a case to trial when that is what it takes to reach a fair result.
Frequently Asked Questions
Is Uninsured Motorist Coverage Required in California?
No, California does not require drivers to carry uninsured motorist coverage. Insurance companies must offer it, and you have to decline it in writing to go without it. Because of that, many drivers carry UM coverage without realizing it, so it is always worth checking your policy after a crash.
What Is the Difference Between an Uninsured and an Underinsured Motorist Claim?
An uninsured motorist claim applies when the at-fault driver has no insurance at all. An underinsured motorist claim applies when the driver has insurance, but not enough to cover the full cost of your injuries. Both are paid through your own policy and are designed to protect you when the other driver cannot.
Can I File a Claim if I Was a Pedestrian Hit by an Uninsured Driver?
Yes, in many cases. If you have an auto policy with uninsured motorist coverage, it can apply even if you were on foot rather than in a vehicle. If you do not have your own policy, a household member’s UM coverage may be available to you.
What if I Was Driving for Uber or Lyft When an Uninsured Driver Hit Me?
You may be covered by the rideshare company’s uninsured motorist policy if you were logged into the app at the time. Your personal coverage may also apply depending on the stage of the trip. Because more than one policy can be involved, these claims are often more complex than a standard car accident claim.
How Does the California Department of Insurance Handle Uninsured Motorist Claims?
The California Department of Insurance regulates insurers and provides resources for consumers, including help if you have a dispute with your insurance company. It does not pay your claim directly, but you can file a complaint with the department if you believe your insurer is handling your UM claim unfairly. An attorney can also step in well before it reaches that point.
Can I Sue an Uninsured Driver Directly in California?
Yes, you can file a lawsuit against an uninsured driver personally, because having no insurance does not remove their legal responsibility for the crash. The challenge is collecting, since many uninsured drivers have few assets. A lawyer can investigate the driver’s finances and advise whether a direct lawsuit is worth pursuing.
How Does Comparative Fault Affect My Uninsured Motorist Claim?
California uses a pure comparative fault rule, so your compensation is reduced by your percentage of fault for the accident. Even if you were partly responsible, you can still recover, but the amount is lowered accordingly. Insurers sometimes try to assign you more blame to reduce a payout, which is one reason legal help can matter.
Talk to a California Uninsured Motorist Lawyer Today
Being hurt by an uninsured driver does not have to mean facing the costs alone. The sooner you understand your coverage and your options, the better positioned you are to protect your recovery. Berg Injury Lawyers can review your policy, deal with the insurance company, and fight for the compensation you may be entitled to.
Contact our car accident lawyers today for a free consultation. Remember our No Fee Guarantee®: if you don’t win, you pay nothing.
