What Happens If You Are Injured by an Uninsured Driver in California?

 Posted on June 15, 2026 in Car Accidents

According to the Insurance Research Council, more than one in seven drivers nationally, 15.4 percent, carried no liability insurance in 2023. If you were hurt in a car accident and the driver who hit you has no insurance, you may still have options for recovering compensation in 2026.

California law gives injured victims a path forward even when the at-fault driver cannot pay, and a Glendale, CA personal injury attorney can help you understand what coverage applies and how to pursue a claim.

What Is Uninsured Motorist Coverage in California?

Uninsured motorist coverage, often called UM coverage, is a type of car insurance that pays for your injuries when the at-fault driver has no liability insurance. Under California Insurance Code § 11580.2, all California auto insurers are required to offer this coverage to policyholders. Under California law, you can turn down this coverage in writing, but if you did not, you likely have it.

Underinsured motorist coverage, or UIM, is a related protection. It applies when the at-fault driver has insurance, but their policy limits are too low to cover the full cost of your injuries.

Starting January 1, 2025, California raised its minimum liability limits under Senate Bill 1107. Drivers must now carry at least $30,000 for injury or death to one person, $60,000 per accident, and $15,000 for property damage. Even these higher limits may not fully cover the cost of a serious injury. With UM and UIM coverage, you are not suing the other driver but are filing a claim with your own insurer.

What Damages Can You Recover from an Uninsured Driver Claim in California?

UM and UIM coverage can pay for the same types of losses you could recover in a standard personal injury case. These include:

• Medical bills, including emergency care, surgery, and follow-up treatment
• Lost wages if your injuries kept you from working
• Future medical costs if your recovery requires ongoing care
• Pain and suffering and other non-economic losses

The amount you can collect is limited by the UM/UIM policy limits you purchased. If your limits are low and your injuries are serious, you may not recover the full value of your losses through insurance alone.

What If You Have No Uninsured Motorist Coverage in California?

If you declined UM coverage when you bought your policy, your options are more limited. You could still file a personal injury lawsuit directly against the at-fault driver. The problem is that drivers without insurance often have no assets to collect from, even if you win a judgment. In those cases, a lawsuit may result in little practical recovery.

Other possible sources of compensation include MedPay coverage, if you have it on your policy, or health insurance to cover immediate medical costs. An experienced attorney can review your situation and identify every available source of compensation.

How Does California's Comparative Fault Rule Affect an Uninsured Driver Claim?

California follows a pure comparative fault rule. This means that if you were partly responsible for the accident, your compensation is reduced by your percentage of fault. For example, if you were found 20 percent at fault and your total damages were $100,000, your recovery would be reduced to $80,000.

California also limits what an uninsured driver can recover if they cause or contribute to an accident. Under California Civil Code § 3333.4, often called Proposition 213, a driver who was uninsured at the time of the crash generally cannot collect non-economic damages, such as pain and suffering, even if the other party was at fault. That rule does not apply to you as an insured victim, but it does affect how the other side may approach negotiations.

What Steps Should You Take After a California Car Accident with an Uninsured Driver?

Taking the right steps after the crash protects your health and your claim. Key steps include:

• Call the police and get a written accident report.
• Get medical care right away, even if the injuries feel minor.
• Collect the other driver's information and take photos of the scene.
• Notify your own insurance company promptly.
• Do not give a recorded statement before speaking with an attorney.

Under California Code of Civil Procedure § 335.1, California's statute of limitations for personal injury claims is two years from the date of the accident. Missing that deadline generally means losing your right to recover anything.

Speak with a Glendale, CA Car Accident Attorney for a Free Consultation

When the driver who hurt you has no insurance, getting fair compensation takes persistence and legal knowledge. The LA County, CA car accident lawyers at Tahmazian Law Firm, P.C.. can review your coverage, investigate the accident, and fight for the full compensation you are owed. Call 818-242-8201 to schedule a free consultation today.