If you drive in California, you know the roads are full of surprises. Sometimes the biggest shock comes after a crash, finding out the other driver doesn’t have insurance.
In fact, California ranks in the top 10 states for uninsured drivers, with more than 20% of drivers not carrying coverage, according to a 2025 Study by the Insurance Research Council (IRC).
So, what do you do if you’re hit by someone who’s uninsured or underinsured?
Let’s discuss why you need to protect yourself, how you can do it, and why it’s a good idea to consult a California car accident lawyer if you’re in this difficult situation.
Why Do You Need Uninsured Motorist Coverage in California?
You may be paying for insurance, but not everyone else does. California, like many other states, has seen a steady increase in the number of uninsured motorists over the years.
But the good news is that you can get insurance and avoid paying out of pocket even if the other driver is not insured or lacks enough coverage. That’s why California requires drivers to have uninsured/underinsured motorist (UM/UIM) coverage on their policy.
This coverage steps in when the at-fault driver has no insurance or not enough to cover your losses. Without UM/UIM, you could get stuck paying for your medical bills, car repairs, and even lost wages out of pocket.
H2: Steps to Take After a Crash with an Uninsured or Underinsured Driver
If you are in a crash, stay calm and act as quickly as you can. Getting medical help quickly and knowing if the driver has enough insurance can help you file a claim and recover damages.
Here’s what you should do.
1. Call 911
First, call 911 and get medical help for everyone injured in the crash. Insist on a police response, even for minor fender-benders. In California, you’ll need a car accident police report to file a claim or take legal action. Make sure the police note down all the details and get a copy of the report.
2. Gather Evidence
The authorities will process the scene of the accident, but you can take clear photos of the crash, damage, and any injuries. But be sure it’s safe to do so. Moreover, get contact info from witnesses. If the other driver admits they’re uninsured, note it down.
3. Exchange Information
Speak with the other driver and get their name, license plate, insurance, and contact details. If they can’t provide insurance info, tell the police right away. Don’t admit your fault or apologize, saying it was your mistake.
4. File Accident Report
Depending on the location of the accident, you may need to file an accident report. For instance, you need to file an accident report in Orange County. It’s called an SR-1 Report within 10 days if there’s injury, death, or property damage over $1,000. This is a must for your insurance claim, even if the other driver is uninsured.
5. Get Medical Attention
Even if you feel fine after the crash, always get checked out by a doctor. Some injuries, like whiplash or concussions, may not show symptoms right away and can get worse if left untreated.
Having medical records also helps prove your injuries to the insurance company. Prompt treatment gives you the best shot at a full recovery and supports your claim.
6. Tell Your Insurance Company
Contact your insurance company as soon as possible after the accident. Tell them the other driver did not have insurance, and give them any details or documents you collected.
Ask how to use your uninsured motorist coverage to help cover your medical bills and repairs. The sooner you start this process, the quicker you can get your claim moving and avoid delays.
7. Talk to a California Car Accident Attorney
While speaking with your insurance company, it’s best to have your lawyer present. Reach out to a seasoned California car accident lawyer for legal help immediately.
Attorneys know the tricks insurers use to reduce payouts and can step in to protect your rights. They will gather evidence, handle paperwork, and negotiate on your behalf. With a lawyer on your side, you’re more likely to recover the full amount you deserve.
What If the Uninsured Driver Flees?
Hit-and-runs are more common in California than you think. If the other driver flees, call 911 and report the accident immediately. Give the police as much info as possible, which may include the car make, color, direction, and license plate if you have it.
Your uninsured motorist policy usually covers hit-and-run injuries and damage, but you’ll need to file a car accident police report in California and give your insurer a copy of the report.
The report documents what happened, lists injuries, and proves you weren’t at fault. Insurance companies use it to process your claim, and your lawyer will use it if you need to sue.
Protect Yourself from Uninsured Motorists
Getting hit by an uninsured (or underinsured) driver is frustrating, but you can still protect yourself from medical bills, repairs, and lost wages. You can add UM/UIM coverage to your own insurance policy.
If you’re in a crash with an uninsured or underinsured driver, call your insurance company and inform them that you want to use the UM/UIM coverage. But be sure to consult a California car accident attorney to recover the damages you deserve.