I Was Hit by an Uninsured Driver. What Do I Do Now?

It’s one of the most frustrating situations you can face after a car accident. You’ve done nothing wrong, you’re injured, and your vehicle is damaged. However, the driver who caused the accident has no insurance or not enough coverage to pay for your losses.

You might be wondering:

  • What are my options?
  • Can I still get compensation?
  • What steps should I take right now?

At Maurer Law, we understand how overwhelming this situation can feel. We’ve helped countless people across Northern California navigate the complicated aftermath of being hit by an uninsured driver. And the good news is that you do have options.

We’ll show you what to do if you’ve been hit by a driver who doesn’t have insurance, what your legal rights are, and how to improve your chances of recovering the compensation you deserve.

Accidents Involving Uninsured Motorists are More Common than You Might Think

According to the Insurance Information Institute, more than 15% of drivers in the United States were uninsured in 2023. And that number had been trending upward since 2020.

Even when drivers have insurance, minimum coverage amounts often fall far short of what’s needed to cover serious injuries, medical bills, lost wages, and vehicle repairs. These are called underinsured drivers, and their policies may not come close to what you actually need.

What Happens If the At-Fault Driver Has No Insurance?

If the person who hit you doesn’t have liability insurance, they’re violating California law. That might be cold comfort when you’re stuck with medical bills and car repairs, but it opens the door to other legal strategies.

Here are the main paths to compensation:

1. Use Your Uninsured/Underinsured Motorist (UM/UIM) Coverage

If you’ve been paying for uninsured/underinsured motorist coverage (UM/UIM) as part of your auto insurance policy, it may now be your most important safety net.

UM/UIM coverage is designed to step in when:

  • The at-fault driver has no insurance
  • The at-fault driver’s insurance is not enough to cover your losses
  • You’re involved in a hit-and-run, and the other driver cannot be identified

Your own insurance company should provide compensation as if they were the other party’s insurer. But don’t be fooled: they’ll still try to minimize what they pay. That’s why having a personal injury attorney is critical.

2. File a Personal Injury Lawsuit Against the At-Fault Driver

In some cases, you can sue the uninsured driver directly for damages. However, this is often less effective than it sounds. Why?

Because uninsured drivers typically don’t have the assets or income to pay a legal judgment. You can win the case, but collecting the money is another matter.

That said, there are situations where a lawsuit can be worthwhile, especially if the driver has assets, owns property, or was driving someone else’s vehicle. An experienced attorney can investigate the details and advise you on whether this route makes sense.

3. Identify Other Liable Parties

Depending on the circumstances, someone else may share responsibility for the crash. Examples include:

  • A vehicle owner, if they negligently allowed an unfit driver to use their car
  • An employer, if the driver was working at the time of the crash
  • A manufacturer, if a defective vehicle part contributed to the accident
  • A government entity, if unsafe road conditions played a role

At Maurer Law, we investigate every angle to identify all possible sources of compensation. Tagging other liable parties can potentially increase the pool that you can draw compensation from.

 

What You Can Do to Strengthen Your Claim

If you’ve been hit by an uninsured or underinsured driver, here are a few key steps to improve your chances of recovering the compensation you need:

1. Call the Police

Always file a police report, especially if the other driver has no insurance. This documentation can help prove liability and support your UM/UIM claim.

2. Get Medical Attention Immediately

Even if your injuries seem minor, get evaluated by a doctor right away. Some injuries—especially soft tissue injuries or concussions—take time to develop. Medical records also create a clear link between the accident and your injuries.

BLOG: Why Seeing a Doctor After a Car Accident is Always a Good Idea

3. Report the Accident to Your Insurance Company

Notify your insurer promptly that you were hit by an uninsured driver. Be honest and accurate, but avoid giving a recorded statement without speaking to an attorney first.

4. Gather Evidence

If you’re able, collect:

  • Photos of the accident scene and vehicle damage
  • Witness contact information
  • A copy of the police report
  • Notes about how the accident occurred

This will help support your legal claim and any insurance disputes.

5. Talk to a Personal Injury Attorney

This is one of the most important steps you can take. Insurance companies—even your own—will try to reduce your claim. At Maurer Law, we’ll protect your rights, handle negotiations, and fight for every dollar you’re entitled to.

BLOG: 3 Common Misconceptions in Personal Injury Cases

Why Having UM/UIM Coverage Is So Important

We encourage everyone to review their auto insurance policy before they’re in a crash. UM/UIM coverage is optional in California, but we consider it essential.

Here’s why:

  • It protects you and your passengers if you’re hit by an uninsured or underinsured driver
  • It provides compensation for medical bills, lost wages, pain and suffering, and more
  • It applies even if you’re injured as a pedestrian or cyclist
  • It often covers hit-and-run accidents, where the other driver is never found

We’ve seen too many people suffer financially because they lacked this coverage. If you can afford it, add it to your policy. It’s one of the smartest investments you can make for your future.

Injured in an accident? Get a free consultation with an attorney who listens and will step in to help.

How Maurer Law Helps Victims Hit by an Uninsured Driver

We understand that being hit by an uninsured driver adds insult to injury. You’re dealing with pain, uncertainty, and the stress of dealing with a system that can feel stacked against you.

Here’s how our team can help:

  • We investigate the crash and identify every potential source of compensation
  • We deal directly with your insurance company to handle UM/UIM claims
  • We negotiate aggressively to maximize your settlement
  • We take your case to court if insurers don’t offer a fair resolution
  • We do all of this with no upfront costs—you pay nothing unless we win

You deserve a team that listens, treats you with respect, and has a track record of delivering results. That’s what we offer at Maurer Law.

 

Frequently Asked Questions (FAQ) About Uninsured Accident Claims

Q1: What happens if the at-fault driver flees the scene and is never found?

This is considered a hit-and-run. If you have uninsured motorist coverage, it may apply. You should still report the crash to the police and your insurer right away.

Q2: Can I use my health insurance instead of car insurance?

Yes, but health insurance often comes with co-pays, deductibles, and coverage limits. It also won’t cover things like lost wages or pain and suffering. UM/UIM coverage is more comprehensive for accident-related losses.

Q3: What if I was a passenger in someone else’s car?

You may be covered under the driver’s UM/UIM policy, your own auto insurance, or even a household member’s policy. Coverage can vary, so it’s best to speak with an attorney.

Q4: My insurance company offered me a settlement. Should I take it?

Not without talking to a lawyer first. Insurance companies often offer less than your claim is worth, especially when you’re dealing with a UM/UIM claim. An attorney can evaluate your offer and negotiate on your behalf.

Q5: How long do I have to file a claim?

In California, the general statute of limitations for personal injury claims is two years from the date of the accident. However, insurance deadlines may be much shorter, especially for UM/UIM claims. Act quickly.

Q6: What should I do if I don’t have Uninsured/Underinsured Motorist (UM/UIM) insurance?

If you don’t have UM/UIM coverage, you may still have options. However, it’s still important to act quickly and strategically.

First, an attorney can investigate whether other sources of compensation exist. For example, if the at-fault driver was operating someone else’s vehicle, the vehicle owner’s insurance might still apply. If the driver was working at the time of the crash, their employer or a commercial policy could be responsible. You may also be able to pursue a personal injury claim directly against the at-fault driver, especially if they have assets, property, or other means to satisfy a judgment.

If no insurance coverage is available, your health insurance may cover your medical bills, and you might be eligible for other benefits such as medical payments coverage (MedPay) under your own policy. Every situation is unique, and these cases can be complicated. It’s best to talk with an experienced personal injury attorney.

Let’s Talk: A Free Consultation with No Upfront Fees

If you were hit by an uninsured or underinsured driver, don’t navigate this process alone. Let the legal team at Maurer Law take the weight off your shoulders.

We’ve helped clients across Northern California recover the compensation they need to heal, rebuild, and move forward with confidence.

Call us at (530) 745-6861 or fill out our online form to schedule your free, no-obligation consultation.

 

 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.