A car accident is stressful under any circumstances, but the situation can become more complicated when the driver responsible for the collision does not have insurance. Without an available liability policy from the at-fault driver, an injured person may need to look to their own insurance coverage while also determining how the accident occurred and what losses resulted.
Understanding the available options and taking practical steps after the crash can help protect your financial and legal interests.
Confirm Whether the Other Driver Is Uninsured
Do not assume that another driver has no insurance simply because they cannot immediately provide proof of coverage.
Exchange Information at the Scene
If the situation is safe, obtain the other driver’s:
- Name
- Contact information
- Driver’s license information
- Vehicle identification
- License plate number
- Insurance information
If the driver claims not to have insurance, document that information and provide it to law enforcement and your insurance company.
California’s Department of Insurance recommends obtaining as much information as possible at the accident scene and promptly notifying your insurance company after a collision.
Report the Accident
Contact law enforcement when appropriate, particularly when someone has been injured or the collision is serious.
Why a Police Report Can Matter
A police report may document information about the drivers, vehicles, witnesses, roadway conditions, and statements made after the crash.
It can also create an independent record showing that the accident occurred and that the other driver was involved.
If the other driver leaves the scene, provide law enforcement with as much identifying information as possible. A hit-and-run driver may be treated differently under applicable insurance rules.
Seek Medical Attention
Some injuries become apparent immediately, while others may take hours or days to develop.
Keep Your Medical Records
After an accident, maintain documentation relating to:
- Emergency treatment
- Doctor appointments
- Diagnostic testing
- Prescription medications
- Physical therapy
- Medical bills
- Follow-up care
- Work restrictions
California’s Department of Insurance notes that documentation of injuries, medical expenses, and lost wages may be required when making an uninsured motorist claim.
Prompt medical evaluation can also help establish a connection between the collision and the injuries being treated.
Check Your Own Insurance Policy
When the at-fault driver has no liability insurance, your own auto insurance policy may become particularly important.
Uninsured Motorist Coverage
Uninsured motorist coverage, commonly called UM coverage, can provide protection when an insured person is involved in an accident caused by a driver who has no liability insurance.
California’s Department of Insurance explains that uninsured motorist bodily injury coverage can pay for injuries to the policyholder and people in the vehicle when an uninsured driver is at fault.
California insurers must generally offer uninsured motorist coverage when liability insurance is purchased, although policyholders can choose to reject it by signing a waiver.
Understand the Difference Between UM and UIM
Uninsured and underinsured motorist coverage address related but different situations.
Uninsured Motorist Coverage
UM coverage generally applies when the responsible driver has no liability insurance.
Underinsured Motorist Coverage
Underinsured motorist coverage may apply when the at-fault driver has insurance, but the available policy limits are insufficient to cover the damages.
The California Department of Insurance identifies both coverages as protections for accidents caused by drivers who either lack insurance or do not have enough coverage to pay for the resulting damages.
Understanding which type of claim applies can be important when evaluating available insurance benefits.
Check for Property Damage Coverage
In addition to bodily injury coverage, your policy may provide protection for vehicle damage.
Uninsured Motorist Property Damage
California’s Department of Insurance explains that uninsured motorist property damage coverage can help pay for damage to a vehicle caused by an identified uninsured driver, subject to the applicable policy limits and conditions. The department also notes that collision coverage may provide another option for vehicle damage.
Review your policy carefully to determine what coverage you purchased and what deductible or limits may apply.
Document the Accident Scene
Evidence can become harder to obtain as time passes. Vehicles may be repaired, witnesses may become difficult to locate, and surveillance footage may no longer be available.
Take Photographs
- Damage to your vehicle
- Damage to the other vehicle
- The roadway
- Traffic signs and signals
- Skid marks
- Debris
- Visible injuries
- Nearby businesses or cameras
- Weather and road conditions
Wide photographs can show the overall environment, while close-up images can document specific damage.
Identify Witnesses
Independent witnesses may provide valuable information about how the collision occurred.
Obtain their names and contact information when possible. Do not pressure witnesses to determine who was legally responsible. Their observations can be evaluated later as part of the investigation.
Preserve Other Evidence
Depending on the circumstances, evidence may include:
- Dashcam footage
- Traffic camera recordings
- Surveillance video
- Vehicle data
- Cell phone records
- Police reports
- Repair records
If a serious injury or liability dispute is involved, preserving potentially relevant evidence can become especially important.
Notify Your Insurance Company Promptly
Even when the other driver is clearly uninsured, you should generally notify your own insurer as soon as reasonably possible.
California’s Department of Insurance advises drivers to immediately notify their agent or insurance company following an accident and to cooperate with insurance adjusters and investigators.
Read Your Policy Before Making Assumptions
Your declarations page can identify important information about your coverage limits and deductibles. The Department of Insurance recommends reviewing the policy and understanding its coverage before an accident occurs.
Do not assume that every expense will automatically be covered simply because you purchased uninsured motorist insurance.
Be Careful With Recorded Statements
Your insurance company may ask for detailed information about the accident and your injuries. This is part of the claims investigation process.
Provide accurate information, but avoid guessing about facts you do not remember.
Do Not Minimize Your Injuries
Immediately after a crash, it may be difficult to know how serious an injury will become. Avoid making definitive statements that you have completely recovered when treatment is still ongoing.
Medical professionals can help determine the nature and extent of your injuries.
Keep Track of Your Financial Losses
An uninsured driver accident can create expenses beyond vehicle repairs.
Depending on the circumstances, losses may include:
- Medical expenses
- Rehabilitation
- Prescription costs
- Lost wages
- Reduced earning capacity
- Transportation expenses
- Vehicle repairs
- Other accident-related costs
Maintain receipts, invoices, pay records, and other documentation.
Consider Future Expenses
Some injuries require continuing treatment or affect a person’s ability to work. Evaluating only the expenses that have already been incurred may not provide a complete picture of the accident’s financial impact.
What If You Were Hit by a Hit-and-Run Driver?
A hit-and-run accident can present additional challenges because the responsible driver may not be immediately identified.
California’s Department of Insurance recognizes uninsured motorist bodily injury coverage as potentially applicable to injuries caused by a hit-and-run driver, depending on the policy and circumstances.
Report the Hit-and-Run Promptly
Contact law enforcement and your insurance company. Provide any information you have about the vehicle, driver, direction of travel, witnesses, or surrounding cameras.
Even seemingly minor details may help identify the responsible vehicle.
Consider Legal Guidance for a Complicated Claim
If you were hit by an uninsured driver, reviewing your own insurance coverage and understanding the available claims process can become particularly important when injuries are serious or the insurer disputes the value of your claim.
Legal guidance may be useful when:
- You suffered significant injuries
- The insurer disputes liability
- Your UM claim is denied or delayed
- Your injuries require ongoing treatment
- You cannot return to work
- Multiple vehicles were involved
- The accident involved a hit-and-run
- The insurance policy terms are unclear
An attorney can review the circumstances, examine available evidence, evaluate applicable insurance coverage, and communicate with the insurance company when appropriate.
Keep a Complete Accident File
Create a dedicated file containing your police report, photographs, medical records, insurance correspondence, repair estimates, witness information, and documentation of lost income.
A well-organized record can make it easier to demonstrate what happened and how the collision affected you.
When an at-fault driver has no insurance, the claim does not necessarily end with the discovery that the other motorist cannot pay. Your own insurance policy may provide important protections, but understanding those protections, preserving evidence, and documenting your losses can be essential to determining what compensation may be available.
