Uninsured Motorist Claims in California

When the driver who hit you has no insurance or disappears in a hit-and-run, your own uninsured motorist (UM) coverage can pay for your injuries in California. This page explains how UM claims work, when they apply, and how to protect your rights without the confusion many callers feel about “suing” or rates going up.

What Is Uninsured Motorist (UM) Coverage?

California law requires drivers to carry liability insurance, but many drive without it. Uninsured motorist (UM) coverage is optional in California—you buy it on your own auto policy. It pays for your medical bills, lost wages, and pain and suffering when the at-fault driver has no liability insurance, or when you are hurt in a hit-and-run and the other driver cannot be identified.

UM applies to bodily injury. Separate optional coverage (e.g., UMPD) can cover damage to your car when the other driver is uninsured or unidentified. Limits are often listed as “15/30” or “25/50” on your declarations page—your agent or a lawyer can help you interpret them.

You Are Not Suing a Person. You Are Activating Insurance Coverage.

Many people say they don’t want to “sue” the other driver. In most injury cases, you are not suing the driver personally. You are making a claim against the at-fault driver’s insurance. When that driver has no insurance, you may have a claim through your own uninsured motorist coverage—again, a claim against a policy, not a personal lawsuit against the driver. Your attorney deals with the insurance company to seek a fair settlement. If the other driver has no insurance, your UM claim is with your own insurer, under the terms of your policy.

When Does UM Apply?

Other driver has no insurance. You were hit by someone with no liability policy.
Hit-and-run. The at-fault driver fled and cannot be identified (e.g., no plate, no witness ID).
Other driver’s insurer denies coverage or the policy was cancelled—you may still have a UM claim.

If the at-fault driver has some insurance but not enough to cover your damages, underinsured motorist (UIM) coverage can fill the gap. See our page on underinsured motorist claims for details.

Does Filing a UM Claim Raise My Rates?

Filing a uninsured motorist or underinsured motorist claim on your own policy is generally not treated the same as an at-fault claim. Many California insurers do not raise rates when you use UM/UIM because someone else was at fault. We can discuss how your carrier typically handles this during a free case review.

What If I Was a Passenger in an Uninsured Car?

If you were a passenger and the driver who caused the crash has no insurance, your claim may go through your own UM coverage (from a policy on a household vehicle) or the driver’s UM if they had it. If the car you were in was uninsured but the other vehicle was at fault and insured, you would typically claim against the at-fault driver’s insurance. A lawyer can sort out which policy applies.

Can I Sue an Uninsured Driver Personally?

You can sue an uninsured driver in court, but many have few assets to collect. The practical path is often a UM claim against your own insurance so you get paid. An attorney can advise whether a personal suit is worth pursuing based on the facts.

Frequently Asked Questions

What is uninsured motorist coverage?

Uninsured motorist (UM) coverage is optional in California but protects you when the at-fault driver has no liability insurance or in hit-and-run crashes. It pays for your injuries and sometimes property damage up to your policy limits.

Does filing a UM claim raise my insurance rates?

Filing a UM or UIM claim on your own policy is generally not treated like an at-fault claim. Many California insurers do not raise rates when you use UM/UIM because someone else was at fault.

What if the at-fault driver has no insurance?

You can file a claim under your own uninsured motorist (UM) coverage. You are not suing the driver personally in most cases; you are activating your own policy to be compensated.

Can I sue an uninsured driver personally?

You can, but many uninsured drivers have few assets to collect. Usually the practical path is a UM claim against your own insurance. A lawyer can advise based on the facts.

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