What To Do if You’re Hit by An Uninsured Driver

You may be. If the at-fault driver had no insurance, your own uninsured motorist (UM) coverage can pay damages for your injuries, up to its limit, if your policy includes it. You may also be able to sue the driver personally. The Law Offices of J. Chrisp offers a free consultation and answers the phone 24/7 at 877-J-CHRISP (877-524-7477), and there is no fee unless we win.

Table of Contents

Who pays when the other driver has no insurance?

Situation	Who may pay
The at-fault driver had no insurance	Your uninsured motorist (UM) coverage, if your policy includes it (Insurance Code section 11580.2); the driver personally
Hit-and-run by an unidentified driver	Your UM coverage, if the conditions in Insurance Code section 11580.2(b) are met (see below)

Uninsured motorist coverage (UM)

A motor vehicle bodily injury liability policy issued in California must include UM coverage, unless the insurer and a named insured agreed in writing to delete or reduce it (Insurance Code section 11580.2(a)(1)). Within its limits, UM coverage pays the damages for bodily injury or wrongful death that the insured is legally entitled to recover from the uninsured owner or driver.

A UM claim is made under a policy that covers you. That can be your own policy, a policy of a spouse or relative you live with, or the policy on the vehicle you were in (Insurance Code section 11580.2(b)). Read your policy and report the crash to your insurer promptly.

Hit-and-run crashes

The driver of a vehicle involved in a crash that injures or kills another person must immediately stop at the scene (Vehicle Code section 20001). That driver must also give their name, address, vehicle registration number and the owner’s name and address to the person struck or the other driver (Vehicle Code section 20003). The same section requires the driver to give reasonable help to anyone injured.

Under Insurance Code section 11580.2(b), a vehicle whose owner or driver is unknown counts as an uninsured motor vehicle only if all of these are true:

The injury came from physical contact between that vehicle and you or a vehicle you were in.

You or someone for you reported the crash within 24 hours to the police department of the city where it happened. Outside city limits, the report goes to the county sheriff or the local California Highway Patrol headquarters.

Within 30 days, a sworn statement was filed with your insurer saying you have a claim against a person whose identity cannot be found, with facts that support it.

Call 911 from the scene if you can, photograph any paint transfer or debris, and look for cameras on nearby homes and businesses.

What if you were uninsured?

In a car crash case, Civil Code section 3333.4 generally bars recovery of non-economic losses, such as pain and suffering, if the injured person did either of these:

Owned a vehicle involved in the crash that was not insured as state law requires.

Drove a vehicle involved in the crash and cannot show the financial responsibility state law requires.

Voters adopted this rule in 1996 as part of Proposition 213. It applies to non-economic losses only, so it does not bar economic losses, such as medical bills and lost wages. An uninsured vehicle owner can still recover non-economic losses if the driver who caused the injury was driving under the influence at the time and was convicted of that offense.

Frequently asked questions

What happens if someone without insurance hits me in California?

If your policy includes uninsured motorist coverage, you can make a claim under it. You may also be able to sue the driver personally.

Does uninsured motorist coverage pay for pain and suffering?

It can. Under Insurance Code section 11580.2, UM coverage pays, within its limits, the damages for bodily injury that you are legally entitled to recover from the uninsured owner or driver. Those damages can include pain and suffering, unless Civil Code section 3333.4 bars them.

Does uninsured motorist coverage apply to a hit-and-run?

It can, if the conditions in Insurance Code section 11580.2(b) are met. The injury must come from physical contact between the unknown driver’s vehicle and you or a vehicle you were in. The crash must be reported within 24 hours to the city police department or, outside city limits, to the county sheriff or the local CHP headquarters. A sworn statement must also be filed with your insurer within 30 days.

Can I recover if I was driving without insurance?

You may still recover economic losses, such as medical bills and lost wages. Under Civil Code section 3333.4, a person who owned an uninsured vehicle in the crash, or drove without the financial responsibility the law requires, generally cannot recover pain and suffering. An uninsured owner hit by a driver convicted of DUI for that crash can still recover those losses.

How long do I have to bring an uninsured motorist claim in California?

Insurance Code section 11580.2(i) sets a two-year limit from the date of the accident. Within that time, you generally must sue the uninsured driver, reach an agreement with your insurer on the amount owed, or start arbitration. Arbitration starts with written notice to the insurer sent by certified mail, return receipt requested.

If you were hit by an uninsured or hit-and-run driver, call the Law Offices of J. Chrisp 24/7 at 877-J-CHRISP (877-524-7477) for a free consultation. There is no fee unless we win.

About the Law Offices of J. Chrisp

The Law Offices of J. Chrisp is a Northern California personal injury law firm founded by attorney Jesse Chrisp, who was raised in Lake County. The firm represents injured people, with offices in Lower Lake (main office), Santa Rosa and San Francisco, and serves Sonoma, Napa, Lake and Mendocino counties and the San Francisco Bay Area. Consultations are free, the firm works on a contingency fee with no fee unless the firm wins, and the phone is answered 24/7 at 877-J-CHRISP (877-524-7477). The firm was named to Best Law Firms 2026 (Tier 1, Santa Rosa, Personal Injury Litigation – Plaintiffs). Jesse Chrisp has been recognized by The Best Lawyers in America since 2024 and selected to Super Lawyers from 2023 to 2026.