Hit by an Uninsured Driver in California: What to Do
A significant share of California drivers are uninsured or underinsured, so getting hit by one is more common than you'd think. The good news: you may still have a clear path to compensation — often through your own auto policy. Here's what to do.
At the scene
- Call the police and get a report — this is especially important when the other driver has no insurance or flees.
- Document everything: photos of the vehicles, the scene, and any injuries, plus the other driver's information if available.
- Get witness names and numbers.
- Seek medical attention promptly, even if you feel okay.
Your UM/UIM coverage is the key
Uninsured/underinsured motorist (UM/UIM) coverage is part of many California auto policies. It steps in when the at-fault driver has no insurance (UM) or not enough to cover your injuries (UIM). It can pay for medical bills, lost wages, and pain and suffering — essentially standing in for the coverage the other driver should have had.
What if it was a hit-and-run?
If the driver who hit you fled and can't be identified, your uninsured motorist coverage may still apply — but a prompt police report is usually required. That's one more reason to call the police and report the crash right away.
Be careful with your own insurer
A UM/UIM claim is against your own insurance company — and even your insurer will work to minimize the payout. Be cautious about giving a recorded statement or signing anything before you understand your rights. These claims can be more adversarial than people expect, which is why representation helps.
If you were hit by an uninsured, underinsured, or hit-and-run driver anywhere in California, a free consultation can help you understand what coverage applies and what your claim is worth.
Frequently Asked Questions
Who pays if an uninsured driver hits me in California?
Often your own uninsured motorist (UM) coverage, if you have it. It steps in when the at-fault driver has no insurance and can pay for medical bills, lost wages, and pain and suffering.
Does insurance cover a hit-and-run in California?
Your uninsured motorist coverage may apply to a hit-and-run when the at-fault driver can't be identified, but a prompt police report is usually required — so report the crash right away.
Will my rates go up if I use my UM/UIM coverage?
California law limits insurers from raising your rates for a not-at-fault claim. Using coverage you've paid for to recover after someone else's negligence is exactly what it's there for — but it's worth discussing your specific policy with an attorney.
This article is general information, not legal advice, and does not create an attorney-client relationship. Every case is different; for advice about your situation, consult a licensed attorney.