You did everything right. You followed the rules, drove safely, and had proper insurance. But then someone crashed into you, and now you’ve found out they don’t have enough insurance coverage. Or worse, they have none at all.
If you were hit by an uninsured driver in California, you probably have a lot of questions: What should I do if an uninsured motorist hit my car? Can I still recover compensation for my medical bills, vehicle damage, and lost wages if an uninsured or underinsured driver hit me? Am I just out of luck?
At the Law Offices of Ali Yousefi, P.C., our car accident lawyers help injured drivers understand their rights and take meaningful steps toward recovery, even when the at-fault driver lacks proper coverage. This post breaks down what to do after an accident with an uninsured or underinsured motorist, how California’s fault-based system works, and why it’s important to act quickly.
California’s Insurance Requirements
As of January 1, 2025, California law requires all drivers to carry the following minimum auto liability insurance:
- $30,000 for injury or death to one person,
- $60,000 for injury or death to more than one person, and
- $5,000 for property damage.
However, not every driver follows the rules. Despite legal requirements, many people still drive without insurance or carry only the bare minimum, which is often insufficient after a serious crash. If an uninsured motorist hit your car, you’re now facing the consequences of someone else’s irresponsibility. Here’s what to do if you’re hit by an uninsured or underinsured driver.
Step 1: Call 911 and Report the Crash
The first thing you should do after an injury or accident is call 911. Request emergency medical attention, and ask for a police officer to respond to the scene. Even if the damage seems minor, having an official report on file is critical, especially when dealing with an uninsured driver.
Be sure to:
- Collect the other driver’s contact information;
- Ask for their insurance details (if any);
- Take photos of the vehicles, roadway, and any injuries; and
- Get names and contact info from any witnesses.
If the driver tried to flee the scene, report it as a hit-and-run and provide as much detail as possible.
Step 2: Notify Your Insurance Company
Next, contact your own auto insurer to report the crash. Be honest and stick to the facts. Avoid speculating about fault or downplaying your injuries. Let them know if you suspect the at-fault driver is uninsured or underinsured. Your insurer may ask for the police report, medical records, or photos to support your claim.
Step 3: Understand Your Legal Rights in a Fault-Based System
California has a fault-based insurance system, which means the at-fault driver is legally responsible for damages. However, when they have no insurance, collecting that compensation becomes significantly more challenging.
In these situations, you generally have three options:
- File an uninsured/underinsured motorist (UM/UIM) claim with your own insurer. This option is the most common route if you have the right coverage.
- Sue the at-fault driver directly. You can file a personal injury lawsuit against the other driver, but since many uninsured drivers have limited assets, recovery is often unlikely.
- Explore other liable parties. In some cases, other parties may share responsibility (e.g., an employer, vehicle owner, or government agency). A car accident attorney can help uncover these possibilities.
No matter which path you take, having clear documentation and legal guidance can significantly improve your chances of recovering the compensation you deserve.
Step 4: Keep Records and Document Everything
After a collision, you may be entitled to compensation for:
- Emergency room visits, surgeries, and follow-up care;
- Physical therapy and medication;
- Lost income during recovery;
- Pain and suffering; and
- Vehicle repairs or replacement.
To strengthen your claim, keep detailed records of:
- Medical appointments and bills,
- Time missed from work,
- Communication with insurers, and
- Photos and videos of your injuries and property damage.
Even if an uninsured motorist hit your car, you still have a right to be made whole. Solid documentation is your best tool.
Step 5: Don’t Wait to Get Legal Help
Timing matters. You generally have two years from the date of the accident to file a personal injury claim in California, but waiting too long can weaken your case.
Insurance companies often deny or minimize claims when uninsured or underinsured drivers are involved. A skilled attorney can step in to:
- Evaluate your UM/UIM policy and coverage options,
- Handle communication with insurers,
- Negotiate a fair settlement, and
- File a lawsuit if needed.
If you’ve been hit by an uninsured driver in California, you shouldn’t have to navigate this alone.
What If the Other Driver’s Insurance Isn’t Enough?
In some cases, if a driver only carries the minimum required insurance, their policy may not cover the full cost of your medical care or lost wages. In these cases, UIM coverage can help fill the gap, but it’s not automatic.
An attorney can help evaluate whether:
- Your total damages exceed the other driver’s liability limits,
- You’re eligible to use UIM benefits, and
- There are additional sources of compensation.
Understanding how these pieces fit together can be difficult without experienced legal guidance. That’s why it’s essential to explore all available options, especially if you don’t carry UM/UIM coverage.
Why Choose the Law Offices of Ali Yousefi, P.C.?
At the Law Offices of Ali Yousefi, P.C., we understand how stressful these situations can be. You’re recovering from an injury, facing mounting bills, and now learning that the other driver may not be able to pay for the harm they caused.
We’re here to help you find a path forward. Our team offers:
- Compassionate, one-on-one service;
- In-depth knowledge of California car accident law;
- Experience handling uninsured and underinsured driver claims; and
- Clear guidance at every step of the process.
We represent injury victims in San Mateo, Sacramento, and San Francisco and fight to hold at-fault parties and insurance companies accountable.
Talk to a California Car Accident Attorney Today
When an uninsured or underinsured driver injures you, the process of getting compensated is anything but straightforward. You need more than a lawyer; you need an advocate who understands California’s insurance laws and regulations.
At the Law Offices of Ali Yousefi, P.C., we provide personalized, results-driven representation, grounded in a deep commitment to client care. Founding attorney Ali Yousefi brings years of litigation experience, a reputation for responsiveness, and a hands-on approach to every case.
We serve individuals and families across Northern California, helping injury victims recover financially and physically. Contact our office to schedule a free consultation.
Attorney Ali Yousefi is the founder of Law Offices of Ali Yousefi, P.C., and has distinguished himself as one of the leading lawyers in California. Ali values that his work allows him to make a direct, positive impact on the lives of people who have experienced stressful or traumatic events.
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