What If the At-Fault Driver Has No Insurance?
If the driver who hit you has no liability insurance, you are not out of options. In California, your own uninsured motorist (UM) coverage can pay for your injuries. This page explains how it works and what to do next.
Your Options When the Other Driver Has No Insurance
You file a claim under your own policy’s uninsured motorist (UM) coverage. You are not suing the driver personally in most cases—you are activating coverage you paid for. Your insurer steps into the at-fault driver’s shoes and pays your damages up to your UM limits. See uninsured motorist claims in California and what is UM coverage for more.
What UM Covers
UM typically covers medical bills, lost wages, and pain and suffering when the at-fault driver has no liability insurance. Limits are set on your declarations page (e.g., 15/30 or 25/50). If the other driver has some insurance but not enough, underinsured motorist (UIM) may fill the gap.
Next Steps
Report the accident to your insurer as required by your policy. Get medical care and keep records. A Los Angeles car accident lawyer can handle the UM claim, push back on low offers, and advise whether suing the uninsured driver personally is worth pursuing.
FAQs
What if the at-fault driver has no insurance?
You file a claim under your own uninsured motorist (UM) coverage. Your insurer pays your damages up to your UM limits; you are not suing the driver personally in most cases.
Will my rates go up if I use UM?
Filing a UM claim is generally not treated like an at-fault claim. Many California insurers do not raise rates when you use UM because someone else was at fault.
Can I sue the uninsured driver?
You can, but many uninsured drivers have few assets. The practical path is usually a UM claim. A lawyer can advise based on the facts.
What if I was a passenger in an uninsured car?
If the driver who caused the crash has no insurance, your claim may go through your own UM (from a household vehicle) or the driver’s UM if they had it. See passenger in uninsured car for more.
Related: uninsured motorist claims California, what to do after a car accident, hit and run Los Angeles.