Hit by an Uninsured Driver in California
Being injured by a driver who has no insurance — or who flees the scene — feels like a dead end. It often is not. The answer usually lies in your own auto policy, through uninsured and underinsured motorist coverage.
Uninsured and underinsured motorist coverage
Uninsured motorist (UM) coverage steps in when the at-fault driver has no insurance; underinsured motorist (UIM) coverage helps when they have some, but not enough to cover your losses. This is coverage on your own policy that you pay for, and using it is not the same as being at fault — you are simply making a claim you already bought.
Hit-and-run: special rules apply
A hit-and-run is often treated as an uninsured motorist claim, but these claims can carry extra requirements — for example, rules about physical contact between vehicles and prompt reporting to law enforcement and your insurer. Because those requirements are strict and easy to trip over, it is important to report a hit-and-run to the police and your insurance company right away.
What to do after an uninsured or hit-and-run crash
Report the crash to the police and get a report number. Gather whatever you can about the other vehicle — plate, make, model, direction of travel — and any witnesses. Notify your own insurer promptly and ask specifically about UM/UIM and medical payments coverage. Then get medical care and keep records, just as you would in any injury claim.
Watch out for your own insurer, too
A UM/UIM claim is still an insurance claim — and it is against your own carrier, which is now negotiating against you. The same undervaluation tactics apply, and California law imposes duties on insurers to handle claims fairly. If your carrier is dragging its feet or lowballing a claim you paid to have, that is worth taking seriously.
Frequently asked questions
What if the driver who hit me had no insurance?
Your own uninsured motorist coverage, if you have it, is designed for exactly this situation. It can pay for injuries the uninsured driver caused, up to your coverage limits. It is worth checking your policy, because in California this coverage is commonly included unless you declined it in writing.
Can I recover after a hit-and-run?
Often yes, typically through uninsured motorist coverage — but hit-and-run claims can have extra requirements, including prompt reporting. Report it to the police and your insurer as soon as possible to protect your options.
Keep reading
This article is general information about California injury law, not legal advice. Every case is different — talk to a lawyer about your situation.
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