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Your insurance may pay for your medical expenses and vehicle repairs if you’re in a car accident with an uninsured driver in California. Your insurer will typically pursue the uninsured driver to recover some of its losses, but this won’t affect how much you get paid and when.
Here’s what to know about how California insurance works when you’re in an accident with an uninsured driver, what steps your insurer might take, and what expenses you’re responsible for if you don’t have uninsured motorist coverage.
About 17% of drivers in California are uninsured.[1] This means there’s a good chance the other driver doesn’t have insurance when you’re in a car accident.
California is an at-fault state, which means the driver who causes an accident is financially responsible for injuries or damages.[2] But if the at-fault driver is uninsured, you can’t submit a claim through their insurer.
If you don’t have the proper coverage, you may have to pay for your car repairs and medical expenses out of pocket.
No-fault insurance states require drivers to have personal injury protection (PIP). If a car accident injures you or your passengers, you submit a claim through your PIP insurance, regardless of fault.
If the uninsured driver caused the crash, three possible scenarios may apply:
If you have uninsured motorist coverage, it’ll cover your injuries and those of your passengers, up to the policy limits. If you also have uninsured motorist property damage coverage, it’ll pay up to $3,500 to repair your car’s damage — but only if you identify the uninsured driver.
If you have full-coverage car insurance, your collision coverage can help pay to repair your vehicle, regardless of who caused the crash. You’ll pay your deductible, and your insurance will cover the balance.
If you have only basic liability insurance coverage, your insurance won’t cover your injuries or vehicle damage, leaving you to pay for your damages out of pocket.
If you’re at fault in an auto accident with an uninsured driver, your insurance may cover some of your damages:
Uninsured motorist coverage doesn’t apply if you’re at fault.
If you have full-coverage car insurance, your collision coverage may pay for your vehicle repairs.
If you have only basic liability coverage, your policy won’t cover your vehicle, meaning you’re responsible for your own repairs.
Under California’s No-Pay, No-Play law, the uninsured motorist can’t file a claim for non-economic losses with your insurance (such as for pain, suffering, or inconvenience), even if you’re at fault. But they may be able to make a non-economic claim if you were driving under the influence of drugs or alcohol at the time of the accident.[3]
Regardless, an uninsured motorist can file a claim against your insurance for medical expenses and property damage from the accident.
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Your California insurance company may decide to take legal action against an at-fault uninsured motorist to recoup a portion of the money it paid on your behalf. But whether it chooses to pursue the other driver won’t affect your claim.
Instead, your insurance claim will depend on the type of coverage you have and who caused the accident. For example, if you file a collision claim through your own insurer, your payout will be the same regardless of whether the insurer tries to go after the uninsured driver.
But if you have collision insurance, you’ll have to pay your deductible before your coverage kicks in.
Your insurance company may pursue reimbursement through the court system if the uninsured driver refuses to pay.
Under California law, an insurance company can attempt to recover the amount it paid on a claim from an at-fault third party. This is subrogation. Your insurer must let you know if it plans to pursue subrogation.
If the at-fault driver has insurance, the two insurers will work together on the claim. But if the at-fault driver is uninsured, whether because their coverage lapsed or their insurer dropped them, your insurance company can go after them directly.
If your insurance company doesn’t plan to pursue subrogation against the uninsured driver, you can choose to sue them on your own. If you choose this route, it’s best to consult a lawyer for guidance. You’ll need to provide records of the accident and the resulting injuries and damages, including lost wages.
But suing an uninsured driver may not be worth the time and effort. Uninsured drivers might not have many assets, making it hard to enforce a judgment.
Ask for a free consultation with an injury law firm to determine whether it’s worth the work to go after an uninsured driver. In many cases, it’s better to move on and make sure your insurance better covers you in the future.
Uninsured/underinsured motorist coverage (UM/UIM) helps pay for your medical expenses and those of your passengers and may also cover car repairs when an uninsured driver causes an accident.
Under typical circumstances, you’d file your insurance claim with the at-fault driver’s insurance company. But if that driver doesn’t have insurance coverage, UM/UIM coverage can help minimize your out-of-pocket costs.
The state of California requires insurance companies to offer this type of coverage to policyholders. Although the Golden State doesn’t require UM/UIM coverage, you’ll need to sign a waiver if you decide against buying it.
Uninsured motorist coverage adds about $110 per year to an auto insurance policy, according to Insurify data and the Insurance Research Council. The average cost of a car insurance policy in California is $148 per month, so adding a year’s worth of UM coverage costs less than a typical monthly premium.
If you’re in a car accident with an at-fault uninsured driver, this coverage can be well worth the cost. For example, bodywork involving panel repair, frame adjustment, and paint matching could cost $5,000 or more. Without UM coverage, you’d pay that out of pocket.
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Uninsured motorist coverage can help pay for repairs and medical expenses after an accident with an uninsured driver, but it’s not the only type of coverage to consider. The following coverages may also help keep your out-of-pocket costs lower:
Collision coverage can pay to repair your vehicle after a collision, regardless of fault. But even if the other driver was at fault, you’ll have to pay your deductible before your coverage kicks in.
Comprehensive coverage helps cover non-collision events, including fire, theft, vandalism, flooding, and windstorms. Because it doesn’t cover damage from a collision, it won’t help if you’re in an accident with an uninsured driver. Like collision coverage, comprehensive coverage has a deductible.
Gap insurance can cover the difference between your car’s actual cash value (ACV) and your loan payoff amount if an accident with an uninsured driver totals it. This prevents you from having to pay on a loan for a car you no longer own.
Medical payments (MedPay) coverage helps pay immediate medical expenses for you and your passengers after an accident, regardless of fault. In California, the minimum amount of MedPay coverage you can buy is $1,000 per person.[4]
See the answers below to common questions about uninsured drivers in California.
Typically, no. In general, an uninsured motorist claim won’t increase your insurance premiums because you weren’t the at-fault driver. Ultimately, the answer can vary from situation to situation.
Yes. Insurance companies can go after uninsured drivers in California through a process called subrogation.
The uninsured driver promise is a feature offered by some U.K. insurers. It protects your no-claims discount and waives your insurance excess (i.e., deductible) if an uninsured driver hits you. This phrase isn’t common in the U.S.
Yes. You can sue an uninsured driver in California for damages, but it may be difficult to obtain a judgment if the driver doesn’t have the means to pay.
)
16+ years in personal finance and insurance writing
Certified Financial Education Instructor
15+ years editing experience
7+ years experience in insurance and personal finance editing
Licensed property and casualty insurance agent
10+ years editing experience
NPN: 21630969
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