Inicio » Blog » Uninsured Motorist Accident: What to Do in California?
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Last Modified on May 21, 2026
California law requires every driver to have auto insurance, but not all drivers meet this requirement. It’s vital to know your legal options after an uninsured motorist accident and the steps you could take today that may mitigate your frustration after such an accident. Every driver has options for purchasing auto insurance coverage in California, and adding uninsured motorist coverage to yours could be beneficial in the future.
Recovering Compensation for an Uninsured Motorist Accident
California follows a fault-based system for resolving vehicle accidents, meaning when two or more drivers are involved in a collision, fault determines liability for the resulting damages. Proving fault is an essential first step in recovering from any vehicle accident, and this may be challenging in some cases. However, after proving fault, you could encounter yet more difficulties when it comes to claiming compensation for your damages.
Every driver in California must have an auto insurance policy that includes:
- $30,000 or more in bodily injury liability coverage for a single person injured in an accident.
- $60,000 or more in total accident bodily injury liability coverage if two or more people are injured in the same accident.
- $15,000 or more in property damage liability coverage, which can pay for the other driver’s vehicle repair or replacement costs.
Drivers typically have various options for configuring their auto insurance coverage in California. For example, it is strongly recommended that drivers purchase uninsured motorist coverage, which will allow them to claim compensation from their own policy if they are injured in an accident caused by an uninsured motorist. Additional coverage is usually a good idea, as a minimum coverage policy may not fully cover all damages from a serious accident.
California has a very high number of uninsured drivers. As of 2023, the Insurance Information Institute estimated that 20.4% of California drivers did not have insurance. This means there is roughly a one in five chance that the driver who caused your accident is not insured. The uninsured driver will face penalties for the state for violating California’s insurance requirement, but you will need help holding them accountable for your damages.
If you are injured in an accident caused by an uninsured driver, it is crucial to record what you can from the scene of the crash while you wait for first responders and hire an uninsured motorist accident lawyer as soon as possible. If you have uninsured motorist coverage on your policy, you can claim compensation from your own insurance carrier, but if not, you will need to claim compensation directly from the at-fault driver.
Dealing with any insurance company, even your own, can be challenging. Most insurance carriers will attempt to settle injury claims for as little as possible, looking for ways they can justify devaluing or denying the claim. However, if you have an attorney representing you, the insurance company is more likely to process your claim in good faith and offer a reasonable settlement.
Ultimately, any caso de accidente de tráfico in California can raise difficult legal questions that you cannot answer on your own, and you could encounter all types of complications if the at-fault driver does not have auto insurance. If you find yourself in the aftermath of such an accident, the team en Bentley & More LLP can help. Reach out to our firm as soon as possible to learn how we can help you pursue accountability and compensation for your damages.
Preguntas frecuentes
What Are the Penalties for Driving Without Insurance in California?
In California, the penalties for driving without insurance can include fines, demerit points on their driver’s license, and license suspension until they show proof of coverage. If a driver causes an accident while uninsured, they also face personal liability for the damages they caused. Some drivers could also face vehicle impoundment, and multiple offenses of uninsured driving will lead to significantly increased fines and other penalties.
Is it Worth Suing an Uninsured Driver?
Whether it is worth filing a claim against an uninsured driver largely depends on that driver’s personal financial situation. If they have limited assets, then you may not be able to recover any compensation from them unless they have wages that can be garnished and property that can be seized. If you have uninsured motorist coverage on your own policy, this may be your optimal channel of recovery.
Can I File an Insurance Claim if I Was Partially at Fault?
Yes, you can still file an insurance claim if you were partially at fault. However, this will result in a diminished recovery under California’s pure comparative negligence law. The fault percentage assigned to you will be deducted from your total compensation. If you have any concerns about bearing partial liability for a recent accident, consult an attorney as soon as possible.
Do I Need to Have a Lawyer to File an Auto Insurance Claim?
While you do not strictly need to have a lawyer to file an auto insurance claim, hiring legal counsel will significantly improve your chances of securing a fair settlement offer from the insurance company. Insurance companies typically try to settle for as little as possible, and some may attempt to take advantage of injured claimants, but insurance companies are far less likely to attempt bad faith when they see that an injured claimant has legal representation.
Why Should I Hire an Uninsured Motorist Accident Lawyer?
You should hire an uninsured motorist accident lawyer to help you resolve the complex legal aftermath of your accident. Your attorney can help you prove fault for the accident, accurately calculate your total damages, and determine the most efficient path for you to recover compensation. You are more likely to secure a favorable outcome in your case with a California uninsured motorist accident attorney representing you.
Speak to Our Personal Injury Lawyer
El abogados especializados en lesiones personales at Bentley & More LLP have helped many injured car accident victims resolve complex cases, including those involving uninsured motorists. You can trust us to guide you through all your insurance claim-filing processes and help you secure a acuerdo justo offer from the insurance company. Contáctenos hoy mismo to schedule a free consultation with our team and learn more about our legal services.
Acerca del autor: Greg Bentley
Cofundador y abogado litigante en Bentley & More LLP
Greg Bentley es cofundador de Bentley & More LLP en Newport Beach, California. Con 36 años de experiencia, representa a demandantes en casos de lesiones personales, muerte por negligencia, responsabilidad por productos defectuosos, mala fe de las aseguradoras, condiciones peligrosas en carreteras y propiedades, y defectos en obras de construcción. Habilitado para ejercer en el Colegio de Abogados de California, Greg obtuvo su título de Doctor en Derecho en la Facultad de Derecho de la Western State University en 1990. Es miembro de varias organizaciones de abogados litigantes a las que solo se puede ingresar por invitación, entre ellas el Colegio Americano de Abogados Litigantes y la Academia Internacional de Abogados Litigantes, y participa activamente en múltiples asociaciones de abogados litigantes a nivel estatal y regional.
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