What Should You Do If You Were Hit By an Uninsured Driver in California?


Were you hit by an uninsured driver? You don’t have to face your insurance company alone. Contact Wakeford Law today to schedule a free, no-obligation consultation: (415) 569-7495

Hit By Uninsured Driver in California Overview

As a victim involved in a car accident with an uninsured driver in California, you may be concerned about the possibility of financial ruin.

Although health insurance will cover most medical costs, it does not cover any other losses you suffered, such as lost wages, future financial losses, car repair bills, or pain and suffering. Getting hit by an uninsured driver in California is unjust and unfair, and you deserve justice.

Contacting an experienced and qualified car accident lawyer in California is the first step toward protecting your rights if you were injured in a car accident caused by someone with no insurance in California.

What Are Insurance Requirements in California?

California law requires a motor vehicle owner to purchase auto insurance or provide proof of financial responsibility to the DMV. California requires drivers to show proof of financial responsibility if requested at an accident scene or by police.

Driving an uninsured car or a vehicle without proof of financial responsibility is a criminal offense. The uninsured driver could receive a ticket for the offense and face license suspension for up to four years.

Bodily Injury Liability

Bodily injury coverage protects the people injured by a negligent or reckless driver. California law only requires drivers to carry insurance for other drivers or passengers if they cause an accident. The minimum insurance coverage for bodily injury to a person other than the driver is $15,000 for one injury to $30,000 for multiple injuries.

Property Damage Coverage

California’s minimum insurance coverage for property damage is $5,000. Property damage coverage minimums apply only to the accident victims’ property and not the vehicle of the driver at fault for the wreck.

Medical Payments Coverage

Medical payments coverage is optional in California auto insurance contracts. Purchasing medical payments coverage, known as MedPay for short, covers medical expenses you suffer in an accident, including a collision with an uninsured motorist. Insurance companies limit MedPay based on the amount of coverage you purchase.

MedPay is no-fault insurance. Your insurance company must reimburse you under MedPay even if you caused the accident.

What About Uninsured Motorist Coverage?

Every person who purchases auto insurance coverage in California should buy additional coverage. The extra coverage is not mandatory, but it should give you some peace of mind if you are ever hit by an uninsured driver in California. Uninsured/underinsured motorist coverage could help limit the financial burden you experienced if you are involved in a car accident with no insurance in California.

Your insurance company could pay you and your passengers for losses up to the maximum amount of uninsured motorist coverage you buy. However, your insurance company could fight you on the amount you deserve.

Why Hire a Lawyer?

A car accident attorney in California with experience handling uninsured motorist accident claims is an advocate for you. Even if you have uninsured motorist coverage from your car insurance company, the coverage you carry may not be enough to compensate you for your losses.

First-Party Claims

Filing a claim with your insurance company is called a first-party claim.  You might think you could handle a first-party claim personally because you are dealing with the company you hired to protect you. However, your insurance company is not on your side when you seek coverage under your uninsured motorist coverage.

Auto insurers have every incentive to keep uninsured claims to a minimum. Although an insurance company can pursue legal action against the uninsured person, the chances of recouping their losses are slim.

The insurance adjuster has the responsibility to protect its bottom line and pay as little money as possible. In that light, it is easy to understand why an insurance adjuster analyzing your uninsured motorist claim could deny coverage or refuse to pay the full amount for your damages.

Having an aggressive and knowledgeable California auto accident attorney represent you in every aspect after your car accident with no insurance in California case gives you the advantage you need to obtain the largest settlement possible.

Our Case Results


A negligent driver rear-ended our client who suffered a significant back injury resulting in pre-trial settlement of $750,000.


Our client was a passenger in a vehicle involved in a low-speed impact resulting in back surgery. Settlement of his third-party liability and his underinsurance claims resulted in total settlement of $565,000.


Our client’s mother was struck and killed in a crosswalk resulting in a policy limits settlement of $500,000.


A bus rear ended our client causing serious back injuries. Result: $125,000.


Our client came to us with a low back injury after having been sued by a motorist in a disputed fault automobile collision. The police report placed fault on our client. They claimed he entered an intersection in his Porsche on a red light. This supposedly was the cause of a collision with a large pickup truck. The truck went on to collide with several more vehicles after the initial collision. The police report included numerous witness statements most of which blamed our client. After the course of the next two years, we took numerous depositions. Eventually, what we had known all along eventually became evident. The police report was wrong and it was actually the driver of the pickup who had run the red light. After multiple days of mandatory settlement conference, just before trial, the other driver’s insurance finally agreed to compensate our client for his back injury and paid $115,000 to settle the case.


While our clients, grandparents and their two grand-kids were driving through an intersection, another vehicle illegally turned left in front of our clients. The insurer for the other driver contended that the claimed injuries were not severe and not caused by the collision. After aggressive advocacy for our clients, we made a policy limits demand and contradicted the insurer’s position regrading our clients’ injuries. The insurer paid its entire policy to our clients.

Although these results may not indicate the possible outcome of your case, you can see that we work tirelessly to get the best possible results for our clients. To learn more about the potential value of your San Francisco car accident claim, call us now at 415.569.7495 or contact us to schedule your free consultation.

Injured? Don’t Delay.

Talk to an experienced attorney now.

Third-Party Liability

A California car crash injury lawyer who places the client’s best interests above all else will pursue every legal avenue possible to win compensation for a client injured by an uninsured driver. Exploring other legal options such as third-party liability could help secure just compensation for anyone injured or killed in a car accident with an uninsured driver in California.

Third-party liability involves pursuing legal action against someone other than the uninsured driver for contributing to the crash. A third party might be the driver of another vehicle or some other party who contributed to causing the crash along with the uninsured driver.

Can I Sue the Other Driver and Is It Worth It?

California law allows parties injured in a car accident to sue the person who caused the crash. You should speak with an accomplished and successful California car crash attorney about your rights and how to preserve them. You have two years from the injury date to file a personal injury claim and three years to file a property damage claim. You may relinquish valuable rights to recover damages if you do not pursue every avenue of recovery.

Bay Area Uninsured Car Accident Injury Lawyers Fight for You

Do not try to take on your insurance company alone. Your financial future and well-being would hang in the balance if you were hit by an uninsured driver in California. We are here to help. The Wakeford Law team has experienced trial attorneys who have a passion for helping the injured win just compensation.

Call us for a free consultation and learn how experience, tremendous resources, and individualized attention could help you achieve the best result if you were hit by an uninsured driver in California. 

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