Hit by an uninsured driver in California: what to check next
An uninsured driver does not automatically mean there is no way to pursue an injury claim. Start by checking the policies that may apply, documenting the collision and your injuries, and getting advice about deadlines. Whether money is available depends on coverage, responsibility for the crash, and the facts.
First, confirm what “uninsured” means in your case
A driver saying “I have no insurance” is useful information, but it is not a complete coverage investigation. Save the driver’s and vehicle owner’s details, any insurance card provided, the report number, and correspondence from insurers. If an insurer denies coverage, keep the written denial and its stated reason.
For your first consultation, describe whether you were driving, riding as a passenger, walking, or on a motorcycle. Identify who owned the vehicles and whether anyone was working or making a delivery. These details give the attorney a starting point for investigating potentially responsible people and applicable policies; they do not establish that additional coverage exists.
Check your declarations page and the full policy
The declarations page summarizes your coverage and limits. Obtain the policy and endorsements in force on the accident date, along with any uninsured-motorist waiver. Do not rely only on the phrase “full coverage.”
- Uninsured motorist bodily injury (UMBI): May cover injuries caused by an at-fault uninsured driver, subject to who is insured, exclusions, and limits.
- Medical payments: If purchased, may pay covered medical expenses without regard to fault, up to the applicable limit.
- Collision or uninsured motorist property damage: Addresses vehicle damage. It is distinct from the bodily-injury claim.
The California Department of Insurance explains these distinctions in its auto insurance guide. Coverage offered to a driver is not necessarily coverage the driver purchased.
Report the claim and organize evidence
Notify the appropriate insurer promptly and ask what documentation and policy deadlines apply. Keep a dated record of the claim number, adjuster, requests, and responses. The Department of Insurance explains that medical-payment and uninsured-motorist claims require evidence of the loss, such as injuries, expenses, and lost wages. See its accident-claim guidance.
Build a small folder containing photographs, original dashcam footage, witness contact information, treatment records available to you, bills, and records of missed work. You do not need a complete file before asking for help. For roadside and reporting steps, see our Los Angeles car-accident guide.
A hit-and-run requires a separate, urgent check
An unidentified driver raises additional requirements. Insurance Code section 11580.2(b) sets physical-contact, police-reporting, and sworn-statement requirements for the unknown-driver bodily-injury coverage it describes. It specifies reporting to police within 24 hours and an insurer statement within 30 days thereafter. Seek prompt advice about the facts, applicable policy, and any exceptions; do not assume every hit-and-run is covered.
Opening a claim is not the same as preserving every legal right
Section 11580.2(i) generally requires a specified preservation step within two years for uninsured-motorist claims: filing a bodily-injury suit against the uninsured driver, agreeing on the amount due, or formally initiating arbitration through the prescribed written notice. Exceptions may apply. A routine claim report should not be assumed to satisfy that requirement.
Ask an attorney to identify the actual deadlines and required steps for your matter. If you have received a deadline letter, a proposed release, or a settlement offer, bring the whole document. Before settling with a potentially responsible person, have the effect on available coverage reviewed.
What if the driver has insurance, but not enough?
That is an underinsured-motorist question. Under the ordinary rules in section 11580.2(p), eligibility involves a comparison of limits and exhaustion of applicable liability coverage; payments can reduce the available UIM benefit. The policy’s UIM limit is not simply an extra payment added on top of every settlement. Have the actual policies and offers reviewed together.
Prepare for a conversation about your injury
Write down three questions: Which policies should we investigate? What must happen next to protect the claim? What documents are missing? Bring whatever you have, including a denial letter if one exists. A consultation can help separate unanswered coverage questions from information already established.
General information, not legal advice. Coverage and deadlines depend on the facts and applicable policy. Contacting the firm does not create an attorney-client relationship or extend a deadline.