Can I File a Claim If the Other Driver Was Uninsured in California?

Picture this: you've just been in an accident. You're shaken up, maybe hurt, and you're counting on the other driver's insurance to take care of things. Then comes the gut punch?they don't have any insurance. At all.

It happens more than you'd think. About 16% of California drivers are rolling around without coverage, which means roughly one in six drivers on the road can't legally pay for the damage they cause. If you've been hit by one of them, you're probably feeling pretty helpless right now.
But here's what we want you to know: you're not out of options. Even when the other driver has zero insurance, there are still ways to get compensated for what happened to you.

California Is an At-Fault State

California operates on what's called an "at-fault" system. Basically, whoever causes the crash is on the hook for the damage they cause?injuries, car repairs, medical bills, all of it.
State law says every driver needs to carry at least:

• $15,000 if they injure or kill one person
• $30,000 if they hurt or kill multiple people
• $5,000 for property damage

But what happens when the person who hit you doesn't have that coverage? Or worse, doesn't have any coverage? You shouldn't have to eat those costs yourself, and that's exactly where uninsured and underinsured motorist protection comes into play.

Understanding UM and UIM Coverage

Think of Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage as your safety net.

UM coverage kicks in when the other driver has nothing?no policy at all. It also covers you in hit-and-run situations where you can't even identify who hit you.

UIM coverage is for when the other driver does have insurance, but it's laughably low and doesn't come close to covering what you're owed.

Now, California doesn't force you to buy this coverage. But every insurance company has to offer it to you, and most people have it unless they specifically said no in writing. A lot of folks don't even realize they have it.
When you file a UM or UIM claim, your own insurance company basically steps into the shoes of the driver who should have been insured. They cover your medical bills, lost paychecks, pain and suffering, car damage?the whole nine yards.

What to Do After an Accident With an Uninsured Driver

If you've just been hit by someone without insurance, here's what you need to do right away:

The earlier you get legal help, the better your shot at protecting your rights and getting everything you deserve.

Filing a Claim Against an Uninsured Driver

When the person who hit you has no insurance, you've basically got two roads you can go down:
Option 1: File under your own UM coverage. This is usually your best bet it's faster, and you're dealing with your own insurance company.
Option 2: Sue the uninsured driver directly. The problem? Most people driving without insurance don't have money sitting around to pay you. You might win, but actually collecting on that judgment? Good luck.
A good attorney will look at your situation and tell you honestly which route makes sense.

What Compensation Can I Recover?

Just because the other driver was uninsured doesn't mean you're left holding the bag. You can still recover:

• All your medical expenses, now and down the road
• Money you've lost from missing work, plus future earning capacity if you can't work like you used to
• Pain and suffering (yes, this is real compensation)
• Property damage to your car
• Emotional distress from the trauma

If you've got UM or UIM coverage, your claim can include all of this, up to whatever your policy limits are.

Why Legal Representation Matters

Look, insurance companies aren't in business to hand out money. Even when you're dealing with your own insurer on a UM claim, they're going to look for reasons to pay you less. It's just how it works.
An experienced California personal injury lawyer will:

• Actually read your policy and figure out what coverage you have
• Deal with the insurance company so you don't have to
• Collect the evidence you need to prove your case
• Take things to court if the insurance company won't play fair

At OZLaw, we've been down this road hundreds of times with clients who got hit by uninsured or underinsured drivers. We know how to fight these cases, and we make sure you don't get stuck paying for someone else's mistake.

Don't Face This Alone

Getting hit by an uninsured driver feels like a worst-case scenario. But you still have rights. With the right legal team in your corner, you can get compensated and put this behind you.
Call OZLaw today for a free consultation. No pressure, no obligation. We'll sit down with you, look at your situation, and figure out the best way forward. You shouldn't have to navigate this mess alone.