Hit by an Uninsured Driver in California

The driver who hit you has no insurance, or not enough. Call (833) 200-7111 for a free consultation, or contact us below.

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You did everything right. You were hit by someone else, the police report says so, and then you find out the other driver has no policy — or has the state minimum, which will not cover a fraction of what this is going to cost.

This is one of the most common problems in California injury practice, and it is worse in the Central Valley than in most of the state. It is also more solvable than most people assume, because the money usually comes from a source you already own.

Uninsured and Underinsured Are Different Problems

Uninsured (UM) means the at-fault driver has no liability coverage at all — never bought it, let it lapse, or was driving a vehicle not covered by the policy in force.

Underinsured (UIM) means they have coverage, but not enough. This is by far the more common situation, because California’s minimum is $30,000 per person and $60,000 per accident. A single overnight hospital stay with imaging and a surgical consult can approach that. A surgery exceeds it outright.

The distinction matters because UIM claims work differently, and the difference costs people money.

How a UIM Claim Actually Pays

California UIM coverage is reduced by what you collect from the at-fault driver, rather than paid on top of it. This surprises almost everyone.

If you carry $100,000 in UIM coverage and the at-fault driver’s policy pays its $30,000 limit, your UIM carrier is responsible for up to $70,000 — not another $100,000. Your total available recovery is $100,000, not $130,000.

A practical consequence: if your UIM limits are equal to or lower than the at-fault driver’s liability limits, your UIM coverage produces nothing. This is worth checking on your own policy before you need it.

Do Not Settle With the At-Fault Insurer First

This is the mistake that ends otherwise viable claims.

Before you accept a settlement from the at-fault driver’s insurer, you generally must notify your own UIM carrier and obtain their written consent. If you settle and release the at-fault driver without that consent, your UIM carrier can deny the claim outright — on the ground that you destroyed their subrogation rights against the person actually responsible.

The at-fault insurer will often offer their policy limits quickly, and it can feel like an obvious yes. Do not sign anything before your UIM carrier has been notified and has responded.

Other Coverage Worth Finding

UM/UIM is the primary avenue, but it is not the only one.

Household policies. Depending on policy language, you may be covered under a resident family member’s UM policy in addition to your own. This is fact-specific and worth reviewing.

Employer coverage. If you were driving for work, your employer’s commercial auto policy may include UM coverage with substantially higher limits than a personal policy.

Rideshare coverage. If you were driving for or riding in an Uber or Lyft, the platform’s contingent policies may apply, with limits that vary by trip phase.

MedPay. Pays medical expenses regardless of fault, generally without reducing your other recovery.

Health insurance. Covers treatment now, though your insurer will typically assert a lien against any eventual settlement.

The driver personally. Usually not worth pursuing — someone who cannot afford insurance rarely has collectible assets — but occasionally there is real property or a business worth investigating.

Your Own Insurer Is Now the Opposing Party

In a UM or UIM claim, you are making a claim against the company you pay premiums to. The adjuster assigned to it evaluates your injuries the same way an opposing adjuster would, and their interest is in paying less.

They also have legal obligations. California’s Fair Claims Settlement Practices Regulations require prompt investigation and prohibit unreasonable delay or denial of a valid claim. A carrier that stonewalls a legitimate UM claim exposes itself to a bad faith action, and bad faith damages are not limited by the policy limits.

Many UM policies also require arbitration rather than a jury trial for disputes over the amount owed. That changes the strategy considerably, and it is worth knowing what your policy says before a dispute develops.

Why This Happens So Often Here

The Central Valley has one of the highest uninsured motorist rates in California, meaningfully above the statewide average. That is a function of income levels, insurance costs, and the reality that in a region without extensive public transit, people drive whether or not they can afford to insure the car.

The practical implication for anyone driving in Fresno County: your own UM/UIM limits are more likely to determine your recovery here than the other driver’s liability limits. Reviewing those limits is one of the few genuinely useful things you can do before a crash rather than after.

What to Do

Get the police report. It documents the other driver’s insurance status, or lack of it.

Notify your own insurer promptly. UM policies have notice deadlines, often far shorter than the two-year deadline for filing suit.

Pull your declarations page and find your UM/UIM limits. If you cannot locate it, your insurer must provide it.

Do not sign a release from the at-fault insurer without your UIM carrier’s written consent.

Decline the recorded statement to any insurer, including your own, before speaking with an attorney.

Document treatment consistently. UM adjusters scrutinize gaps in care exactly as opposing adjusters do.

Check whether anyone else’s policy may apply — a household member’s, an employer’s, a rideshare platform’s.

Hit by a driver with no insurance?

Call (833) 200-7111 for a free consultation or contact us below. No fee unless we win.

Why The Wagner Law Group

Butch Wagner has tried cases against insurance carriers in California courts since 1983, including a $14.5 million result against Mercury Insurance. UM and UIM claims are negotiations with a carrier that has already decided what your case is worth. What changes that number is who is representing you.

No fee unless we win — nothing upfront
42+ years of California trial experience
$14.5 million against Mercury Insurance Company
Rated 4.7 stars across 90+ verified Google reviews
A local Fresno firm — we can meet with you in person

Prior results do not guarantee a similar outcome. Every case is unique and must be evaluated on its own facts.

Frequently Asked Questions

Do I have uninsured motorist coverage?

Probably. California requires insurers to offer UM coverage, and it can only be declined in writing. Check your declarations page for “UM” or “UMBI” limits, or ask your insurer for a copy.

Will my rates go up if I use my own UM coverage?

California law restricts insurers from surcharging you for a claim in which you were not at fault. Being struck by an uninsured driver is not your fault. If your carrier raises your premium after a UM claim, that is worth challenging.

The at-fault driver’s insurer offered their policy limits. Should I take it?

Not before notifying your own UIM carrier and getting written consent. Settling and releasing the at-fault driver without that consent can void your UIM claim entirely, because it destroys your carrier’s right to pursue the responsible party.

If I have $100,000 in UIM and they have $30,000, do I get $130,000?

No. California UIM is reduced by what the at-fault driver pays. With $100,000 in UIM coverage and a $30,000 liability payment, your carrier is responsible for up to $70,000. Total available recovery is $100,000.

Can I sue the uninsured driver personally?

You can, but collection is usually the problem. Someone who could not afford insurance rarely has assets a judgment can reach. It is occasionally worth investigating where there is real property or a business.

What if my UM limits are also low?

Look for other policies. A household member’s coverage, an employer’s commercial policy if you were working, a rideshare platform’s contingent coverage, or MedPay may all apply. Multiple sources are more common than people expect.

Does my UM claim go to a jury?

Often not. Many UM policies require arbitration for disputes over the amount owed rather than a jury trial. Check your policy language — it changes how the claim should be handled from the beginning.

How long do I have?

Your policy’s notice deadline comes first and is often measured in days. The UM claim itself is governed by your policy’s contractual deadline. A lawsuit against an identified at-fault driver runs two years from the crash under Code of Civil Procedure §335.1.

If the driver who hit you left the scene and was never identified, see our Fresno hit-and-run lawyer page — those claims work differently. For the full overview of collision claims, see our main Fresno car accident page.

Call (833) 200-7111 or contact us below. Free, confidential, and you owe nothing unless we win.