The short version
- Roughly 1 in 6 California drivers is uninsured — being hit by one doesn’t leave you without options.
- Your own uninsured/underinsured motorist (UM/UIM) coverage is usually the most important source of recovery.
- You can also pursue the at-fault driver directly or other responsible parties (an employer, a defect).
- A UM claim is still a claim against an insurer — talk to a lawyer before you settle.
Why this happens so often
Option 1: Your UM/UIM coverage
Option 2: The at-fault driver
Option 3: Other responsible parties
What to do right now
Frequently asked questions
You did everything right — and the driver who hit you has no insurance. It’s more common than you’d think, and it does not mean you’re out of options. Here’s how recovery actually works in California, and what to do next.
First, why this happens so often
California requires every driver to carry liability insurance. As of January 1, 2025, the minimum limits rose under SB 1107 to 30/60/15 — $30,000 per person, $60,000 per accident, $15,000 property (up from 15/30/5). But a legal requirement doesn’t stop people from driving with no coverage, or carrying the bare minimum that isn’t enough for a serious injury. That’s the gap the options below are designed to fill.
Option 1: Your uninsured/underinsured motorist (UM/UIM) coverage
This is usually the most important one. In California, insurers are required to offer UM/UIM coverage, and you can only decline it in writing — so if you didn’t specifically waive it, there’s a good chance you have it, even if you’ve forgotten.
- Uninsured motorist (UM) pays for your injuries when the at-fault driver has no insurance — or in a hit-and-run where the driver is never identified.
- Underinsured motorist (UIM) kicks in when the at-fault driver has some insurance, but not enough, bridging the gap up to your limit.
Dig out your policy or call your agent and ask specifically whether you carry UM and UIM, and for how much. It’s the first thing an experienced attorney will check.
Option 2: Go after the at-fault driver directly
You can still sue an uninsured driver personally. The practical problem is that someone who couldn’t afford insurance often can’t pay a judgment either — which is why UM coverage usually matters more. If the driver does have assets, though, this route can be worthwhile, and an attorney can investigate whether it’s realistic.
Option 3: Look for other responsible parties
The driver isn’t always the only one at fault. Depending on the facts, there may be additional recovery — for example, if the driver was working at the time (an employer’s commercial policy may apply), if a vehicle defect contributed, or if a dangerous road condition played a role. Uncovering these parties is one of the biggest reasons to have a lawyer investigate rather than assume “the other driver was uninsured, so that’s that.”
Your own insurer isn’t automatically on your side. A UM claim can feel adversarial — you’re seeking payment from your own company, and it will still scrutinize and may dispute your injuries. Filing a UM claim when you weren’t at fault generally shouldn’t raise your rates, but the company still has an incentive to pay as little as possible.
What to do right now
- Report the accident to the police and get a report — essential when the other driver is uninsured or fled.
- Document everything — photos, witness contacts, and the other driver’s info if available.
- Get medical care promptly and keep every record.
- Notify your own insurer and ask about a UM/UIM claim — but be careful about recorded statements before you understand your injuries.
- Talk to a lawyer before settling.
Frequently asked questions
What if I don’t have uninsured motorist coverage?
You can still pursue the at-fault driver directly and look for other responsible parties (an employer, a defective part, a dangerous road). A lawyer can identify every available source of recovery in your case.
Will filing a UM claim raise my insurance rates?
Generally, filing a claim when you weren’t at fault should not raise your rates. Your insurer still scrutinizes the claim, though, which is why representation helps.
Does UM coverage apply to a hit-and-run?
Usually yes. Uninsured motorist coverage typically covers hit-and-run crashes where the at-fault driver is never identified — reporting it promptly to police is important.
How long do I have to file a UM claim?
UM/UIM claims are governed by your insurance contract, which often requires you to act sooner than the general two-year lawsuit deadline — sometimes by demanding arbitration within a set period. Read your policy and don’t assume you have the full two years.
Hit by an uninsured driver in the Central Valley?
The Wagner Law Group has recovered over $300 million for injury victims and knows how to pursue every available source of compensation. Talk to a Fresno car accident lawyer for free.
This article is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Coverage and deadlines depend on your policy and facts. For advice about your situation, consult a licensed attorney and review your policy.