An Uninsured Driver Hit Me in California: Now What?

The number is sobering: roughly one in seven California drivers is uninsured at any given time, and San Diego is right around the state average. That means there is a real chance the next driver who hits you has no insurance at all. The good news: California has built one of the strongest uninsured motorist protection systems in the country, and if you carry the right coverage on your own policy, you are almost certainly protected. Here is how it works.

The short version

If you have Uninsured Motorist coverage on your own California auto policy — which most California drivers do, often without realizing it — your own insurer pays for your injuries and vehicle damage when you are hit by an uninsured at-fault driver. You file the claim with your own carrier, your own carrier pays, and your rates do not go up because California law protects you from rate increases on not-at-fault claims.

In addition, when you file an SR-1 with the DMV showing the at-fault driver was uninsured, the DMV is required to suspend that driver's license under California's Financial Responsibility Law. That suspension stays in place until they pay you, settle with you, or file proof of insurance going forward.

Step 1: Confirm the other driver is actually uninsured

Sometimes drivers say "I don't have insurance" at the scene because they are panicked, when in fact they do — they just can't find the card. Other times drivers claim to have insurance and provide a fake or expired policy number. The truth comes out in the days that follow.

What you can do at the scene:

• Get the policy number the driver gives you, even if you suspect it's bad. Photograph the insurance card if they have one.
• Get the driver's full name, license number, address, and phone number.
• Get the vehicle license plate and registered owner's name (sometimes different from the driver).
• Call the police. A police officer can often verify insurance status on the spot through their database.
• File the police report. The report will note whether the driver was insured at the time of the crash.

Even if the driver claims to be insured, your own insurer's claims process will verify in the days after the collision. If the policy turns out to be invalid, expired, or fake, you can convert your claim to an Uninsured Motorist claim at that point.

Step 2: Understand your own coverage — UMBI and UMPD

California law requires every auto insurer to offer Uninsured Motorist Bodily Injury coverage to every policyholder. To not have it, you must have signed a written waiver. Most California drivers have UMBI even when they don't realize it. UMPD is a separate optional coverage.

UMBI — Uninsured Motorist Bodily Injury

Covers you and your passengers for:

• Medical expenses (current and future).
• Lost wages.
• Pain and suffering.
• Other damages you would have been able to recover from the at-fault driver if they had been insured.

UMBI limits are typically written the same way as your liability limits — common limits include 25/50, 50/100, 100/300, and 250/500 (those are thousands of dollars per person / per accident). The higher your UMBI limits, the more protection you have.

UMPD — Uninsured Motorist Property Damage

Covers your vehicle damage when hit by an uninsured at-fault driver. UMPD has some quirks in California:

• Standard UMPD has a $3,500 cap on hit and run claims unless there is a police report identifying the at-fault driver.
• For an identified uninsured driver (not a hit and run), normal UMPD limits apply — typically $3,500 to $5,000.
• UMPD has a small deductible, often $250.
• If you have collision coverage, you generally do not need UMPD — collision pays for your vehicle damage regardless of who hit you, subject to your collision deductible.

Underinsured Motorist (UIM)

A separate but related coverage that kicks in when the at-fault driver has insurance but their limits aren't enough to cover your damages. UIM is included with UMBI on California policies unless you waive it.

Med-Pay

Medical Payments coverage is separate from UM and pays your medical bills regardless of fault, up to the policy limit. Common limits are $1,000 to $25,000. It is fast, no-fault, and a useful supplement to UMBI.

Step 3: File the claim with your own insurer

Call your own insurance company's claims line — usually printed on the back of your insurance card — within 24 hours of the accident. Tell them:

• The basics: date, time, location, vehicles involved.
• That the other driver appears to be uninsured (or their insurance information is bad).
• Whether anyone was injured.
• The police report incident number.

Your insurer will open a claim, assign an adjuster, and begin investigating. Once they confirm the at-fault driver is uninsured, the claim is converted to an Uninsured Motorist claim and your own carrier handles the payment under your UMBI and/or UMPD.

Important: When filing a UM claim, you are essentially in an adversarial position with your own insurance company — they are now the party paying you, so they have incentive to minimize the payout. Be polite, be honest, but be careful about giving recorded statements until you understand what you are agreeing to. For injury claims of any meaningful size, talking to a personal injury attorney before giving a recorded statement is usually worth the free consultation.

Step 4: File the SR-1 with the DMV — this is the part that matters

This is the step that most uninsured-driver victims miss, and it is the single strongest enforcement tool you have.

California Vehicle Code 16000 requires you to file an SR-1 form with the DMV within 10 days of any collision involving injury, death, or property damage over $1,000 — regardless of fault, regardless of whether the police came, and regardless of whether the other driver had insurance.

When you file the SR-1 and indicate that the other driver was uninsured, the DMV is required by California's Financial Responsibility Law to suspend the at-fault uninsured driver's license. The suspension stays in place until the at-fault driver:

1. Pays you (or your insurer) for the damage.
2. Settles with you in writing.
3. Files an SR-22 proof of financial responsibility going forward.
4. Files proof that they have no fault for the accident.

This is a real and powerful consequence. An uninsured driver who hits you and is reported through the SR-1 process will lose their license and not get it back without dealing with you or your insurer. It is one of the few situations where California's licensing system actually has teeth.

Step 5: Get the tow and the repairs handled

If your vehicle is not drivable from the scene, you need a tow. You have the right to choose your own tow company in California — and when you are dealing with an uninsured driver and your own coverage is paying, controlling the tow destination is even more important. A direct tow from the scene to your mechanic or body shop is dramatically cheaper than a rotation tow that ends up in a storage yard accruing daily fees.

The tappable button at the bottom of this page goes to a vetted licensed San Diego County tow company that runs flatbeds and bills directly to your destination. Tell the dispatcher the situation — you've been hit by an uninsured driver and you need a flatbed to your shop. For the financial mechanics of how the tow gets paid, see who pays for towing after a car accident.

Small claims court — when it makes sense

If your damages are within the California small claims limit ($12,500 for an individual as of 2024) and the at-fault uninsured driver has identifiable assets or income, suing them personally in small claims court is an option. The process:

• File the claim at the San Diego Superior Court small claims division (the courthouse downtown or the South Bay, East County, or North County branches).
• Filing fees are modest — $30 to $75 depending on claim size.
• Serve the defendant (the at-fault driver) with the claim.
• Show up at the hearing with your evidence: photos, police report, repair estimates, medical bills, witness statements.
• The judge issues a ruling, typically the same day.

If you win, you get a judgment — a court order that the defendant owes you money. Collecting on that judgment is a separate process: wage garnishment, bank levy, lien on real property, or interception of tax refunds. Collection from an uninsured driver is often slow and sometimes impossible, but the judgment itself stays valid for ten years and can be renewed.

For damages above the small claims limit, the route is regular superior court, which generally requires hiring an attorney.

What if you don't have UM coverage at all?

If you carry liability only and have no UMBI, no UMPD, no collision, and no med-pay, your options are narrower:

• Health insurance for your medical care.
• Small claims or civil court against the at-fault driver personally.
• Crime victim compensation through the California Victim Compensation Board, if the collision involved a crime (DUI, hit and run, etc.).
• The DMV SR-1 process to suspend the at-fault driver's license — even without coverage, this is still worth doing, both as enforcement and to preserve your own license.

Going forward, the lesson is to add UMBI to your policy. It is one of the most cost-effective coverages in California — typically $50–$150 per year for meaningful limits — and it protects you from exactly the situation that is most common on California roads.

What about a hit and run?

If the at-fault driver fled the scene, you are dealing with both an uninsured-driver problem and a hit-and-run problem. The recovery path is the same — UMBI and UMPD or collision coverage — but the documentation requirements differ slightly. See hit and run in San Diego for the full process under CVC 20001 (felony if injury) and CVC 20002 (misdemeanor for property damage only).

Bottom line

California protects you against uninsured drivers better than most states, but only if you take the steps. File the police report. File the SR-1 with the DMV within 10 days. Use your UMBI and UMPD or collision coverage. Consider small claims for damages within the limit. And if your car needs a tow off the scene, exercise your right to choose your own tow company — the tappable button below dispatches 24/7.