Legends Legal Marketing | June 3, 2026 | Car Accident
If the person who caused the crash has no insurance, who actually pays? In California, the answer depends on your own coverage, the circumstances of the uninsured car accident, and a few laws that most drivers don’t know exist until they need them.
Below, the car accident attorneys at Petrov Law Firm explain your options for recovering compensation after a collision with an uninsured driver, including how uninsured motorist coverage works, what California’s Proposition 213 means for your claim, and the steps you should take after the crash to protect your rights.
California’s Minimum Insurance Requirements
Approximately 17% of California drivers are uninsured. That’s roughly 4.5 million people on the road without valid coverage. And with the minimum insurance requirement increase under Senate Bill 1107, insurance industry analysts warn that higher premiums could lead more drivers to drop coverage despite their legal obligation to carry it.
As of January 1, 2025, the minimum limits are:
- $30,000 bodily injury liability per person
- $60,000 bodily injury liability per accident
- $15,000 property damage liability
These are the minimums the at-fault driver’s insurance is supposed to cover. When that driver has no insurance at all, those limits mean nothing, which is where your own policy becomes critical.
Your Options After an Accident with an Uninsured Driver
1. Uninsured Motorist (UM) Coverage
Under California Insurance Code § 11580.2, insurers are required to include uninsured motorist (UM) coverage in every bodily injury liability policy, though policyholders can agree in writing to delete it entirely. If you have it, your own insurer steps in to cover your medical bills, lost wages, and other damages up to your policy limits.
UM coverage comes in three forms:
- Uninsured Motorist Bodily Injury (UMBI): Covers injuries to you and your passengers caused by an uninsured driver
- Underinsured Motorist (UIM): Covers bodily injury costs when the at-fault driver has some insurance but not enough to cover the full damage
- Uninsured Motorist Property Damage (UMPD): Covers vehicle damage caused by an uninsured driver, up to $3,500 (but only if the uninsured driver is identified)
2. Collision Coverage
If you have collision coverage on your own policy, it can pay for repairs to your vehicle regardless of whether the other driver was insured. Your deductible would still apply.
3. Medical Payments (MedPay) Coverage
MedPay is an optional add-on that covers medical expenses for you and your passengers regardless of fault. It’s not a substitute for UM coverage but can help bridge gaps, particularly for immediate treatment costs.
4. Suing the Uninsured Driver Directly
You can file a lawsuit against the uninsured driver personally. The practical reality, though, is that drivers who don’t carry insurance often don’t have the assets to pay a judgment. That means even if you win in court, collecting would be difficult. This option is more useful in cases where the at-fault driver has identifiable assets worth pursuing.
What If You Were the Uninsured One? California’s Proposition 213
This is where many accident victims get blindsided. California’s Proposition 213 bars uninsured drivers from recovering non-economic damages, meaning pain and suffering, emotional distress, and loss of enjoyment of life, even if the other driver was entirely at fault. You can still recover economic damages, such as medical bills, lost wages, and property repair costs, but the value of the claim is dramatically reduced.
There are notable exceptions. Prop 213 does not apply if:
- You were a passenger in the uninsured vehicle (passengers retain full rights regardless of the driver’s insurance status)
- The at-fault driver was convicted of DUI at the time of the crash
- The accident occurred on private property rather than a public road
- You were driving a company vehicle that your employer failed to insure
- You had a valid policy on another vehicle and were borrowing an uninsured car
How Petrov Law Firm Can Help
Accidents with uninsured drivers are legally and practically more complex than standard car accident claims. Between UM coverage disputes, Prop 213 issues, and the challenge of recovering from an individual directly, there are multiple points where insurers can undervalue or deny what you are owed.
Contact Petrov Law Firm to discuss what coverage applies to your situation, identify any exceptions to Prop 213 that may be relevant to your case, and pursue the full compensation you deserve.
Frequently Asked Questions About Who Pays for Injuries After an Uninsured Car Accident In California
1. What happens if an uninsured driver hits me in California?
If you have uninsured motorist (UM) coverage, your own insurer pays for your injuries and losses up to your policy limits. If you don’t have UM coverage, your options are to use collision or MedPay coverage for property and medical costs or sue the driver personally. The latter can be difficult, though. A car accident attorney can help you identify your options for recovery.
2. Can I sue an uninsured driver directly in California?
Yes. You can file a personal injury lawsuit against an uninsured driver and, if successful, obtain a judgment against them. The challenge is enforcement, as many uninsured drivers lack the assets to satisfy a judgment. An attorney can help assess whether pursuing the driver personally makes practical sense in your case.
3. Do I have to have uninsured motorist coverage in California?
No. Under California Insurance Code § 11580.2, insurers must offer UM coverage with every policy, but you can decline it in writing. Given that roughly 17% of California drivers are uninsured, declining this coverage carries real risk.
4. What is Proposition 213, and how does it affect my claim?
Proposition 213 prevents uninsured drivers from recovering non-economic damages, such as pain and suffering, after an accident, even if the other driver caused it. You can still recover economic damages like medical bills and lost wages.
5. How long do I have to file a claim after an accident with an uninsured driver?
In most cases, California’s statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit. If you are filing a UM claim with your own insurer, your policy may impose shorter notice requirements, so you need to act quickly. Contact us as soon as possible to protect your claim.