Breathe, Then Act: 3 Key Steps
- Use Your UM Coverage: California insurers are required to offer UM coverage. If you accepted it, your own policy may cover medical bills, lost wages, and more. You typically have 30 days to notify your insurer.
- Consider Direct Legal Action: You may be able to sue the uninsured driver directly. However, collecting payment can be difficult if they lack assets or income.
- Understand Comparative Fault: If you’re partially at fault, your compensation could be reduced. Learn more about California’s shared fault rules.
What Is Uninsured Motorist Coverage?
Uninsured motorist (UM) coverage helps when the at-fault driver has no liability insurance. It may cover:
- Emergency medical treatment
- Follow-up care and rehabilitation
- Lost income
- Pain and suffering
- Vehicle repairs (if collision coverage doesn’t apply)
If your insurer claims you’re not covered or undercompensates you, your case may go to arbitration. A skilled attorney can represent you in that process.
Real Case Example: From $30,000 to $250,000
Our San Diego client was t-boned by an uninsured driver. The insurer initially offered just $30,000. We brought in a biomechanical expert, gathered extensive medical records, and proved long-term damage. Final result: $250,000—more than 8x the original offer.
What If You Don’t Have UM Coverage?
You can still:
- Explore MedPay coverage: Pays for medical costs regardless of fault
- Sue the driver: If they have assets, you may be able to recover damages in court
- Use collision coverage: Covers your vehicle repairs if included in your policy
Common Questions About Uninsured Drivers
Will my insurance rates go up?
Not usually, if you were not at fault. California law protects you from rate hikes when you use UM coverage after a crash caused by someone else.
Do I have to sue my own insurance company?
No. Most UM claims go through arbitration, not a lawsuit. However, legal representation is still key to a strong outcome.
What if the other driver fled the scene?
This may qualify as a hit-and-run accident. UM coverage still applies if you report the crash promptly and meet specific criteria.
What is the time limit to file?
In most cases, you have 2 years from the crash date to file a claim or lawsuit. If you delay, you may lose your right to recover.
Take a Deep Breath. You’re Not Alone.
Being hit by an uninsured driver can feel overwhelming. We’re here to walk you through your options and fight for the maximum compensation available.
No Win, No Fee. Contact West Coast Trial Lawyers for a free consultation.
