What Happens if You Get in a Car Crash with an Uninsured Driver?

 Posted on November 22, 2025 in Car Accident

Getting hit by an uninsured driver is frustrating and scary. Even though California law requires all drivers to carry liability insurance, many people drive illegally without it anyway. So in addition to figuring out how and when to fix your car, now you have to figure out how to pay for it, too. 

Our Temecula car accident attorney is here to help with these and other questions. Call us today for a free consultation at 951-698-4200. 

How Many Uninsured Drivers Are on California Roads?

California has one of the highest rates of uninsured drivers in the country. Studies show that approximately 15 to 20 percent of California drivers have no insurance. That means roughly one in six cars on the road has no coverage. Your chances of getting hit by an uninsured driver are higher than you might think.

California Vehicle Code Section 16020 makes it illegal to drive without insurance, but penalties for driving uninsured are often not enough to stop people from breaking this law.

What Can You Do if the Other Driver Has No Insurance?

Your first option is to use your own uninsured motorist coverage, if you have it. This coverage is part of your auto insurance policy and pays for your injuries when an uninsured driver hits you. 

If you do have uninsured motorist coverage, file a claim with your own insurance company. They will pay for your medical bills, lost wages, and pain and suffering up to your policy limits. This is often the fastest way to get compensation after being hit by an uninsured driver.

Underinsured motorist coverage also helps when the at-fault driver has insurance but not enough to cover your damages. If your injuries cost 100,000 dollars but the other driver only has 15,000 dollars in coverage, your underinsured motorist policy covers the difference up to your policy limits.

Can You Sue an Uninsured Driver Directly?

You can sue the uninsured driver personally. California law allows you to file a lawsuit against anyone who causes you harm through negligence. Just because they have no insurance does not mean they are not legally responsible for your damages.

The problem is collecting money from someone with no insurance. Many uninsured drivers have no money or assets; even if you win a lawsuit and get a judgment, you might never collect a dollar. 

However, some uninsured drivers do have assets. They might own a home, have savings, or earn a good income. If the uninsured driver who hit you has any assets, suing them might be an option worth pursuing. Your lawyer can investigate their financial situation to determine if a lawsuit makes sense.

Call a Riverside County, CA Car Accident Lawyer Today

Getting hit by an uninsured driver complicates an already stressful situation. You need someone who knows how to navigate insurance claims and protect your rights when the at-fault driver has no coverage.

Contact Maineri Law Firm at 951-698-4200 for a free consultation about your uninsured driver accident case. Our Temecula, CA car accident attorney has over 23 years of experience helping injured people recover compensation after accidents with uninsured drivers. We know how to maximize your recovery through your own insurance policy and pursue personal lawsuits when it makes sense.