Hit By an Uninsured Driver? -

You’re shaken, your car is a mess, and your heart’s still racing. You just got hit by another driver, and while you’re trying to catch your breath, they deliver one final blow: They don’t have insurance.

In that moment, everything changes. Instead of focusing on repairs, recovery, or routine next steps, you’re now facing a more complicated reality—how do you recover damages when the other driver isn’t covered?

Getting hit by an uninsured driver can feel like a dead end, but it’s not. Whether you’re dealing with medical bills, car damage, or the stress of navigating your own insurance, there are paths forward.

Understanding the Problem

Unfortunately, getting hit by an uninsured driver is not as rare as you might think. According to data from the Insurance Research Council, about 1 in 8 drivers in the U.S. are uninsured. In some states, the rate climbs to nearly 1 in 4. That means every time you hit the road, you’re statistically surrounded by drivers who may not have the coverage required to legally operate a vehicle.

So why do people drive without insurance? There are several reasons:

Financial hardship: Some simply can’t afford it and take the risk.
Lapsed policies: Others may have had coverage, but it expired due to missed payments or administrative issues.
Lack of legal status: Unlicensed or undocumented drivers may avoid getting insurance to avoid detection.
Intentional avoidance: Some drivers just don’t care about the law or the consequences.

The consequences go far beyond vehicle damage. A crash with an uninsured driver can leave you struggling with:

Out-of-pocket medical bills
Lost wages from missed work
Expensive repairs or even a total loss vehicle
Emotional and physical trauma without a clear path to recovery

This type of crash also puts pressure on your own insurance policy and can make the claim process more complex than it should be. You might even find your own insurer pushing back, treating you like the problem, even though the other driver was at fault.

Immediate Steps to Take After the Crash

If you’ve just been hit by a driver who turns out to be uninsured, your first instinct may be panic or anger, and understandably so. But staying calm and taking the right steps in the moment can make a huge difference in how your claim unfolds later.

Check for Injuries

Your safety comes first. If you or anyone else is hurt, call 911 immediately. Even if the injuries seem minor, it’s important to have medical professionals assess the situation. Shock and adrenaline can mask symptoms, and injuries like concussions, whiplash, or internal trauma may not show up right away.

Getting prompt medical attention also creates a record that can support your injury claim later, especially if you’ll be relying on your own insurance for coverage.

Call the Police and File a Report

Always involve law enforcement, especially when the other driver is uninsured. A police report is often essential for filing an insurance claim or pursuing legal action. It creates an official record of the crash, documents the fault, and notes whether the other driver was underinsured or uninsured.

If the driver tries to talk you out of it, don’t give in. No matter how apologetic they may seem or how minor the damage looks, you need that report.

Exchange Information (Even If They Admit They’re Uninsured)

It might feel pointless to exchange insurance info when the other driver tells you they don’t have any, but you still need their:

Full name and contact information
Driver’s license number
License plate and vehicle information
Vehicle make, model, and color
Statement (if any) about why they don’t have insurance

If they refuse to cooperate, stay calm and wait for the police to arrive. Let law enforcement handle it; your safety is more important than a confrontation.

Document the Scene

Take photos of everything:

Damage to all vehicles
License plates
The intersection or the road where it occurred
Skid marks, broken glass, or debris
Any visible injuries

Also, gather contact information for any witnesses who witnessed the crash. Their statements may prove crucial, especially if the uninsured driver later disputes what happened.

Avoid Discussing Fault

Don’t apologize or accept blame, even casually. Any admission of guilt could later be used against you by an insurer. Keep your conversations factual, brief, and focused on exchanging necessary information and waiting for the police.

Insurance Coverage Options

When the other driver has no insurance, you may feel like you’re out of options, but that’s not necessarily true. If your own auto policy includes certain coverages, you may still be able to recover compensation for medical bills, vehicle repairs, and other damages. The key is knowing what your insurance includes and how those benefits apply under California law.

Uninsured Motorist Coverage (UM/UIM)

This is the most important safety net when you’re hit by a driver without insurance. Uninsured motorist (UM) coverage helps pay for your losses if the at-fault driver lacks liability insurance. In California, insurers are required to offer UM/UIM coverage, though you can decline it in writing.

If you opted in, and many Californians do, this coverage can help pay for:

Medical expenses
Lost wages
Pain and suffering
Long-term disability or rehab
Funeral costs in fatal cases

Underinsured motorist (UIM) coverage comes into play when the at-fault driver has some coverage, but not enough to fully compensate you for your losses.

Collision Coverage

If you don’t have UM coverage, your collision coverage may help pay to repair or replace your vehicle. In California, this coverage is optional; however, if you financed your car, your lender will likely require it.

Collision coverage pays for your own vehicle damage, regardless of fault. That means even if the other driver has no insurance, your car repairs may still be covered, though you’ll likely be responsible for paying your deductible up front.

Medical Payments (MedPay) and Personal Injury Protection (PIP)

California doesn’t offer personal injury protection (PIP), as some no-fault states do; however, Medical Payments coverage (MedPay) is available and can be a significant benefit in these situations.

If you carry MedPay, it can help with:

Emergency room visits
Follow-up doctor appointments
Ambulance bills
Out-of-pocket medical costs

Importantly, MedPay applies regardless of who was at fault, and it’s particularly valuable when the other driver can’t pay because they lack insurance.

Filing a Claim Without the Other Driver’s Insurance

When you’re hit by someone who doesn’t have car insurance, it might feel like you’re stuck with all the consequences. But in California, you still have legal options, especially if your own policy includes the right coverage. The claims process can be frustrating and confusing, but knowing what to expect can help you move forward with confidence.

Start by Notifying Your Insurance Company

After a crash with an uninsured driver, the first thing you should do, after ensuring your safety and gathering evidence, is report the accident to your insurer. The sooner you file your claim, the better. Many policies require prompt notice, and delays could complicate your ability to collect benefits under uninsured motorist (UM) or collision coverage.

When you call, be ready to provide:

A copy of the police report (showing the other driver had no insurance)
Contact and vehicle details for the other driver
Photos of the damage
Names and statements from any witnesses
Medical records, if you received treatment

How the UM Claims Process Works

If you carry uninsured motorist coverage, your insurance company essentially takes the place of the at-fault driver’s insurer. This means they’re responsible for evaluating your claim, determining compensation, and paying out for injuries, property damage, and other related losses.

Here’s what that process often looks like:

You file a UM claim and submit all documentation.
Your insurer investigates the accident and confirms the other driver lacked valid insurance.
They assess your damages, which include vehicle repair estimates, medical bills, lost wages, and pain and suffering.
Your insurer either offers a settlement or denies the claim.

Even though you’re dealing with your own provider, don’t expect them to make it easy. Insurance companies are still businesses, and they may look for reasons to delay or reduce your payout. Having legal representation ensures they don’t overlook or undervalue the full extent of your damages.

What If You Don’t Have UM Coverage?

If your policy doesn’t include UM protection, you may still be able to file a collision claim (for vehicle damage) or rely on MedPay (for medical bills), depending on your coverage. However, your recovery may be limited, and you’ll likely be responsible for your deductible.

Keep Track of Timelines

In California, the statute of limitations for filing an injury claim is generally two years from the date of the accident. But your insurance policy may impose much shorter deadlines for filing claims or submitting documentation, sometimes as little as 30 days.

Can You Still Sue an Uninsured Driver?

The short answer? Yes, you can sue an uninsured driver. The longer answer? Whether or not it’s worth the time, money, and energy depends on several factors, most importantly, whether the person you’re suing has any financial resources to satisfy a judgment.

The Legal Right to Sue

In California, being uninsured doesn’t shield someone from civil liability. If another driver caused your accident by running a red light, failing to yield, speeding, or driving recklessly, you have the legal right to pursue compensation, regardless of their insurance status.

A personal injury lawsuit against an uninsured driver can seek damages for:

Medical expenses (past and future)
Lost wages or earning capacity
Property damage
Pain and suffering
Emotional distress

But here’s the catch: winning a lawsuit is only half the battle. Collecting the judgment is often the harder part.

What Happens If the Driver Has No Assets?

If the uninsured driver doesn’t have income, savings, real estate, or other assets, even a successful lawsuit may not result in a payout. In many cases, these drivers are already in financially unstable situations, and there’s little to collect even if a court rules in your favor.

This is one of the reasons why most injury victims turn first to their uninsured motorist coverage or collision insurance, if available.

Wage Garnishment and Asset Seizure

In some cases, a court may allow you to pursue wage garnishment, where a portion of the defendant’s paycheck is diverted to pay the judgment. California law limits the amount that can be garnished to protect the individual’s basic living expenses, but it’s still an option.

It’s important to understand that collecting from an uninsured driver may take time, and it’s rarely immediate. Some accident victims opt to accept a reduced settlement or pursue small claims court instead, depending on the size of their damages and the other driver’s financial situation.

When It Makes Sense to Sue

You may want to consider legal action against an uninsured driver if:

Your damages exceed what your insurance will cover.
The driver acted recklessly or was intoxicated.
There are signs the driver has assets or income worth pursuing.
You want to hold the driver accountable for the sake of justice.

If you’re unsure whether it’s worth filing a lawsuit, an experienced personal injury attorney can evaluate your case and help you make an informed decision.

How Uninsured Driver Cases Differ from Other Accidents

Not all car accidents are created equal, and the difference becomes obvious the moment you find out the at-fault driver doesn’t have insurance. From the claims process to legal strategy, dealing with an uninsured driver changes everything. Here’s how.

You’re Relying on Your Own Insurance, Not Theirs

In a standard accident, the other driver’s liability insurance is responsible for covering your damages. But when there’s no insurance on the other side, that entire pathway shuts down. Suddenly, you’re filing a claim through your own uninsured motorist (UM) coverage or collision policy, if you have it.

This flips the script; you go from a third-party claim to a first-party claim, and that shift comes with complications. While your insurer may be legally obligated to pay, they’ll still investigate and negotiate just like a third-party insurer would. And yes, they’ll still try to minimize what they pay.

You May Need to Prove Fault More Aggressively

When the other driver is uninsured, your own insurer becomes especially concerned with fault. Unlike in a basic claim, where both insurers might negotiate back and forth, your provider will scrutinize every detail to determine whether they’re truly responsible for paying you.

This means you’ll need:

A solid police report
Eyewitness statements
Photographic evidence from the scene
Medical records that align with your claim
Possibly expert witnesses in complex cases

Your insurer is no longer “on your side”; they’re now the entity you’re holding accountable. That changes the tone of the entire process.

Delays Are More Common

Uninsured driver claims often take longer to resolve. Why?

Your insurer may spend more time verifying that the other driver truly has no coverage.
They may request additional documentation or independent medical exams.
If you end up suing the uninsured driver, the legal process can stretch out even longer, especially if their financial situation is unclear.

During this time, you may be stuck covering medical bills, car repairs, or rental vehicle costs out of pocket while waiting for reimbursement. This financial strain is part of what makes these cases so stressful.

Settlements Are Less Predictable

In a typical car accident, liability limits and state minimums help define the boundaries of a claim. With an uninsured driver, there are more unknowns:

Your own policy limits become critical.
There’s no guaranteed third-party payout.
You may be left negotiating with a party that can’t afford to pay anything.

That unpredictability makes legal guidance even more valuable. An attorney can help you review all available coverage, pursue recovery from the other driver when possible, and avoid lowball settlement offers that leave you footing the bill.

Avoiding Common Mistakes

Getting hit by an uninsured driver is stressful enough. But the decisions you make immediately after the crash and in the weeks that follow can make or break your ability to recover compensation. Here are the most common pitfalls that accident victims encounter, along with strategies to avoid them.

Assuming You’re Out of Options

The biggest mistake people make? Thinking that if the other driver doesn’t have insurance, you’re out of luck. In reality, you may have multiple avenues for recovery:

Your own uninsured motorist (UM) coverage
Collision coverage for property damage
A potential lawsuit against the other driver
Claims involving third parties, like a negligent employer or vehicle owner

Talk to an attorney before giving up. There may be more resources available than you realize.

Delaying Medical Treatment

Some injuries, especially whiplash, soft tissue injuries, or concussions, don’t present symptoms right away. Even if you feel okay after the accident, delaying medical care could hurt your case. Insurers may argue your injuries aren’t real or weren’t caused by the crash.

Always seek medical attention after an accident, and follow through with any recommended care. Keep detailed medical records and document your symptoms.

Not Reporting the Accident to Police and Insurance

Some people hesitate to report uninsured drivers, especially if they know the person or the crash seems minor. Don’t make that mistake. A police report is critical to proving that the other driver lacked insurance and that you weren’t at fault.

You’ll also need to notify your own insurance company promptly, especially if you’re filing a first-party claim under your own policy. Late reporting can cause serious delays or denials.

Giving a Recorded Statement Without Legal Advice

Insurance adjusters often request recorded statements. It may sound harmless, but what you say can be used to limit or deny your claim, especially if there’s ambiguity about fault or injuries.

You’re not obligated to give a recorded statement without legal representation. Politely decline and say your attorney will follow up.

Accepting a Lowball Settlement

Even when you’re dealing with your own insurer, it’s not uncommon for initial offers to be far lower than what your claim is worth. Don’t feel pressured to accept the first number they throw out, especially if you’re still undergoing treatment or haven’t calculated future medical costs and lost wages.

An experienced attorney can evaluate the offer and negotiate for a fair settlement based on the full extent of your damages.

Failing to Document the Scene

Photos and videos are your best friends. Take pictures of:

Vehicle damage (all sides)
The crash site
Skid marks, traffic signs, or debris
Any visible injuries

Additionally, gather contact information from witnesses and obtain a copy of the police report. These details can make a huge difference if your insurer challenges the facts.

Trying to Handle It Alone

Uninsured motorist cases can be complex, and insurers may not always act fairly. Without legal guidance, it’s easy to miss out on benefits, fall behind on deadlines, or unknowingly waive important rights.

Partnering with a firm with experience in car accidents, particularly ones involving uninsured drivers, can keep your claim on track from day one.

Protecting Yourself After a Crash With an Uninsured Driver

Getting hit by an uninsured driver feels like an insult added to injury. You’ve done nothing wrong, yet you’re left to deal with the fallout: repairs, medical bills, missed work, and endless uncertainty. But even when the at-fault driver has no insurance, you’re not powerless.

California law allows you to explore other avenues for compensation. Between uninsured motorist coverage, collision benefits, and civil claims, you may still have a path to recover your losses. But it’s not always easy to find or follow that path, especially when your insurance company starts dragging its feet or undervaluing your injuries.

That’s where an experienced personal injury attorney comes in.

An experienced personal injury law firm will prioritize:

Compassionate communication, so you always know where things stand
Aggressive negotiation to maximize your injury settlement
Client-first strategy so your goals—not insurance company profits—lead the way

If a driver with no insurance hit you, don’t let confusion, fear, or frustration stop you from seeking justice.