Insurance guide
What Happens If an Uninsured Driver Hits You in California?
A California guide to UM/UIM bodily injury, collision, property damage, hit-and-run notice, policy deadlines, and protecting a claim after an uninsured-driver crash.
Direct answer
What happens if an uninsured driver hits me in California?
You may still have options through your own uninsured-motorist bodily-injury coverage, collision coverage, uninsured-motorist property-damage coverage, MedPay, health insurance, or a claim against responsible people or businesses. California insurers must offer UM/UIM coverage with auto bodily-injury policies, but a named insured can reject or reduce it in writing. The policy, declarations, endorsements, notices, and deadlines must be reviewed promptly.
Key points
What matters most
- Obtain the full policy and declarations, not only an insurance card.
- Report hit-and-run events promptly because special notice rules can apply.
- Do not settle with another party before protecting UM/UIM rights.
- Bodily injury, collision, property damage, and MedPay are different coverages.
Identify every potentially available coverage
California Insurance Code section 11580.2 generally requires insurers to include or offer uninsured-motorist protection with auto bodily-injury liability policies, while allowing a named insured to reject or reduce coverage in writing. The current policy and signed forms matter.
Review UM bodily injury, underinsured motorist, collision, uninsured-motorist property damage, collision-deductible waiver, MedPay, and umbrella coverage separately. A household member, passenger, employer, rideshare company, vehicle owner, or other policy may also be relevant depending on the facts.
Hit-and-run claims have special requirements
For an unknown driver, section 11580.2 contains physical-contact and notice requirements for certain uninsured-motorist bodily-injury claims. It states that the accident must be reported to the appropriate police agency within 24 hours and a sworn statement filed with the insurer within 30 days in the circumstances described by the statute.
Policies and facts vary. Report the event promptly, preserve photographs and video, identify witnesses, request nearby surveillance, and keep proof of every notice. Do not rely on a general guide to decide whether a missed requirement is excused.
Prove fault and damages even in a first-party claim
UM/UIM is a claim under your own contract, but it still requires proof that the uninsured or underinsured driver was legally responsible and proof of the resulting damages. Medical records, wage evidence, scene evidence, and expert analysis may be needed.
Disputes can concern coverage, who qualifies as an insured, physical contact, liability, causation, medical treatment, value, offsets, exhaustion of the other driver’s limits, and compliance with policy conditions.
Protect contractual and statutory deadlines
Insurance Code section 11580.2 includes steps that generally must be taken within two years of the accident to preserve certain UM claims, such as filing suit, reaching an agreement, or formally instituting arbitration. Other notice periods can be much shorter.
Calendar every collision, notice, denial, limitation, and arbitration date. An open claim or ongoing discussion does not by itself prove that every deadline has been extended.
Coordinate the liability and UM/UIM claims
Underinsured-motorist coverage usually requires exhaustion of applicable liability limits and proof of payment. Settling or releasing the responsible driver without following policy requirements can create a coverage dispute.
Before accepting a liability-limit offer, confirm the at-fault limits, obtain written disclosure where available, investigate other responsible parties and policies, notify the UM/UIM carrier, and follow consent or proof requirements.
Frequently asked questions
Questions about this issue
Does California require me to buy uninsured-motorist coverage?
Insurers generally must offer it with auto bodily-injury liability coverage, but the named insured may reject or reduce it in writing.
Is a hit-and-run driver treated as uninsured?
Potentially, but the statute and policy impose specific requirements, including rules involving physical contact and prompt police and insurer notice.
Can I make a UM claim against my own insurer?
Yes, when the policy covers the person, event, and damages and the statutory and policy conditions are met.
Does UM coverage pay for vehicle damage?
UM bodily injury and property-damage coverage are different. Collision or uninsured-motorist property-damage coverage may address the vehicle, subject to policy terms and limits.
Primary sources