If the driver who caused your California car accident has no liability insurance, you may still have ways to recover compensation. Your own uninsured motorist coverage may cover bodily injuries if you have that coverage, while collision coverage or uninsured motorist property damage coverage may help with your vehicle. You may also be able to sue the at-fault driver or pursue another responsible party with insurance or assets. The right option depends on your policy, your injuries, the accident, and who else may be legally responsible.

At Johnson Attorneys Group, we review all potential sources of recovery before assuming an uninsured driver leaves an injured person without options. We can examine your insurance policy, investigate the driver and other potentially responsible parties, document your damages, and handle disputes with insurers.

Call 1-800-208-3538 for a free case review.

California Requires Drivers To Show Financial Responsibility

California requires drivers and vehicle owners to establish financial responsibility.

Most drivers satisfy that requirement with automobile liability insurance. For standard auto policies, California’s current minimum liability limits are:

$30,000 for bodily injury or death to one person
$60,000 for bodily injury or death to more than one person in one accident
$15,000 for property damage

Insurance is not the only way to satisfy California’s financial-responsibility law. DMV also recognizes alternatives such as a $75,000 cash deposit, a DMV-issued certificate of self-insurance, or a $75,000 surety bond.

For that reason, when another driver says they have “no insurance,” we still check whether another legally recognized form of financial responsibility applies.

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage is designed to protect you when an at-fault driver does not have applicable liability insurance.

California law generally requires uninsured motorist bodily injury coverage to be provided with an automobile bodily injury liability policy unless the named insured rejects or modifies the coverage through a written agreement.

If you were injured, one of the first things we do is review your policy declarations and the actual policy language to determine what uninsured motorist coverage was in effect on the date of the crash.

Uninsured Motorist Bodily Injury Coverage

Uninsured motorist bodily injury coverage, often called UMBI, applies to bodily injury caused by an uninsured driver when the requirements of the policy and California law are met.

Depending on the facts and available coverage, the claim may involve losses such as:

Medical expenses
Future medical care
Lost income
Reduced earning capacity
Pain and suffering
Other damages legally caused by the accident

You are making this claim through your own insurance coverage, but that does not mean the insurer will automatically agree with your position.

The insurer may dispute who caused the accident, whether particular injuries resulted from the collision, how much treatment was reasonable, or the value of the damages. We prepare the claim with evidence just as we would when dealing with the other driver’s insurer.

What About Damage To Your Car?

Bodily injury uninsured motorist coverage and property-damage coverage are not the same.

Depending on what you purchased, vehicle damage may be addressed through:

Collision coverage. Collision coverage can pay for damage to your vehicle caused by contact with another vehicle or object, subject to the policy’s deductible and limits.

Uninsured motorist property damage. California’s Department of Insurance states that UMPD can pay up to $3,500 for vehicle damage caused by an identified uninsured driver. You may not need this coverage if you already carry collision coverage.

Collision deductible waiver. If you purchased this protection, it may pay your collision deductible when an uninsured driver who was at fault damages your insured vehicle.

We review the policy rather than assuming which coverage applies.

What If The Driver Has Some Insurance But Not Enough?

That is an underinsured motorist issue rather than a completely uninsured motorist claim.

Underinsured motorist coverage can apply when the at-fault driver’s bodily injury liability coverage is not enough to compensate for the covered bodily injury damages.

A serious injury can easily create losses above a driver’s liability limit. We review both the at-fault driver’s coverage and your own policy to determine what additional insurance may be available.

Can You Sue An Uninsured Driver?

Yes. The fact that a driver had no insurance does not prevent you from suing that person for damages they legally caused.

The practical question is whether a lawsuit is likely to produce a recoverable judgment.

An uninsured driver may have:

Employment income
Bank accounts
Real property
Business interests
Other nonexempt assets

If you obtain a judgment, California provides collection procedures that may include wage garnishment, bank levies, or liens on real property. Certain income and property are protected by law, however, and the court does not collect a judgment for you automatically.

Before recommending a lawsuit against an uninsured person, we consider both liability and collectability. Winning a judgment has limited practical value if there is no realistic way to collect it.

Could Someone Else Be Responsible For The Accident?

Possibly.

Finding out that the negligent driver was uninsured should not end the investigation. Depending on the facts, another party may share legal responsibility.

We may examine whether:

Someone else owned the vehicle
The driver was working when the crash occurred
An employer may be responsible for the driver’s conduct
A commercial company was involved
Another driver contributed to the collision
A defective vehicle or component contributed to the crash
A dangerous property or roadway condition played a role

California Courts notes that injury cases can involve the person who caused the injury, a vehicle owner, or an employer when the person was working at the time.

Identifying another responsible party can significantly change the available insurance and recovery options.

What If The Uninsured Driver Was A Hit-And-Run Driver?

California uninsured motorist law has special requirements when the owner or driver cannot be identified.

For uninsured motorist bodily injury coverage involving an unknown driver, California law includes requirements involving physical contact, prompt reporting to law enforcement, and notice to the insurer.

These claims should be reviewed quickly. Do not assume that being unable to identify the other driver means you cannot recover, but do not delay reporting the crash either.

Do You Still Need To File An SR-1?

Yes, if the accident meets California’s reporting requirements.

California DMV requires a driver to file an SR-1 within 10 days when:

Anyone was injured
Anyone was killed
Property damage exceeded $1,000

The requirement applies regardless of which driver caused the crash.

An SR-1 is separate from a police report and an insurance claim.

Is There A Deadline For An Uninsured Motorist Claim?

Yes, and the deadline deserves particular attention.

California Insurance Code section 11580.2 generally requires that one of specified actions occur within two years of the accident for an uninsured motorist bodily injury claim. Depending on the circumstances, that may involve filing suit against the uninsured motorist, reaching an agreement with the insurer about the amount due, or formally instituting arbitration as required by the statute.

Do not assume that merely notifying the insurance company gives you unlimited time.

A separate personal injury lawsuit against the at-fault driver generally has a two-year deadline, while California Courts states that property-damage lawsuits generally have a three-year deadline.

Other circumstances can change a deadline, so we review timing early in the case.

What Happens If Your Own Insurance Company Disputes The Claim?

An uninsured motorist claim can create a dispute between you and your own insurance carrier.

The insurer may contest:

Whether the other driver was at fault
Whether the other vehicle qualified as uninsured
Whether you were covered by the policy
Whether the accident caused your injuries
The amount of medical treatment
Lost earnings
The extent of future damages
The value of the claim

California Insurance Code section 11580.2 provides for arbitration when the insured and insurer disagree over whether the insured is legally entitled to recover damages or the amount of those damages.

We can handle that process and build the evidence supporting the claim.

When Should You Speak With A Lawyer?

A minor property-damage accident with straightforward collision coverage may not require legal representation.

Speaking with a California car accident attorney becomes more important when:

You suffered significant injuries
The uninsured driver disputes fault
Your insurer disputes uninsured motorist coverage
Your insurer disputes the cause or severity of your injuries
Your damages may exceed available coverage
Several parties may be responsible
The driver was working at the time of the crash
You are considering suing the uninsured driver
You need to determine whether the driver has collectible assets
An uninsured motorist deadline is approaching

An uninsured-driver claim can involve both personal injury law and insurance contract issues. We look at both.

How Johnson Attorneys Group Can Help After An Accident With An Uninsured Driver

When Johnson Attorneys Group reviews an uninsured-driver accident, we look beyond whether the other driver produced an insurance card.

Depending on the case, we can:

Investigate who caused the accident
Verify whether the other driver had applicable insurance or another form of financial responsibility
Review your uninsured and underinsured motorist coverage
Review collision, UMPD, medical payments, and other applicable coverage
Identify other potentially responsible parties
Preserve accident evidence
Document medical treatment and lost income
Evaluate the full damages caused by the crash
Negotiate with your insurance carrier
Handle uninsured motorist arbitration when appropriate
Evaluate whether suing the uninsured driver makes practical sense
File a lawsuit when necessary

We do not assume that an uninsured driver means there is no recovery available. We identify the available options first and then explain which path the evidence supports.

Speak With Johnson Attorneys Group

If the driver who caused your accident did not have insurance, you may still have options through your own policy, another responsible party, or a lawsuit against the driver.

Johnson Attorneys Group can review the accident, insurance policies, responsible parties, damages, and applicable deadlines and explain what sources of recovery may be available.