Personal Injury Updated October 2026 8 min read Reviewed by Ron Chini, Esq.

What If the Other Driver Has No Insurance in California?

Reviewed by Ron Chini, Esq. · CA State Bar No. 263308 · Personal injury attorney serving Southern California.
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Being hit by an uninsured driver doesn't mean you're out of options — but it does change where your claim comes from and, in some circumstances, how much you can recover. Here's how uninsured and underinsured motorist claims actually work in California, and a rule that surprises a lot of accident victims: sometimes being uninsured yourself can limit what you're allowed to recover, even when the other driver is entirely at fault.

In this guide

How common is this in California?
What UM/UIM coverage is and how it works
Filing a claim through your own insurer
Proposition 213: how being uninsured can limit your own recovery
The DUI exception to Proposition 213
What to do at the scene either way

How common is this in California?

California has one of the higher rates of uninsured drivers in the country, which means the odds of being hit by someone without coverage are meaningfully real. That's exactly why uninsured/underinsured motorist (UM/UIM) coverage exists — and why it matters more than most drivers realize when they're shopping for a policy.

What UM/UIM coverage is and how it works

UM/UIM coverage is part of your own auto insurance policy, not the other driver's. It pays out when:

Uninsured motorist (UM): the at-fault driver has no insurance at all.
Underinsured motorist (UIM): the at-fault driver has insurance, but their policy limits are too low to cover your actual damages.

California insurers are required to offer UM/UIM coverage with every policy, though drivers can reject it in writing. If you have it, it's the single most important resource for both a hit-and-run and a collision with an uninsured driver.

Filing a claim through your own insurer

A UM/UIM claim is filed with your own insurance company, even though the accident wasn't your fault. That can feel counterintuitive, and it doesn't always mean a smooth process — your own insurer still has a financial interest in paying out as little as possible, so these claims can be just as adversarial as a claim against a stranger's insurer. Having an attorney evaluate the claim is often the difference between an insurer's first offer and what the case is actually worth.

Proposition 213: how being uninsured can limit your own recovery

If you're uninsured, your own pain-and-suffering recovery can be barred

Under California's Proposition 213 (Civil Code § 3333.4), a driver who was uninsured at the time of a crash is generally barred from recovering non-economic damages — pain and suffering — even when someone else caused the accident. You can typically still recover economic damages like medical bills and lost wages, but the pain-and-suffering component is cut off.

This rule exists specifically to discourage driving without insurance, and it applies regardless of how clearly the other driver was at fault. It's a hard rule that catches uninsured accident victims off guard.

The DUI exception to Proposition 213

There's an important exception: Proposition 213's bar on pain-and-suffering damages does not apply if the at-fault driver was convicted of DUI in connection with the accident. In that situation, an otherwise-uninsured victim can still pursue full non-economic damages against a driver who caused the crash while impaired. If DUI was involved in your accident, this exception can substantially change what you're entitled to recover.

What to do at the scene either way

Call the police and get a report, even for a minor-seeming collision — it documents the other driver's lack of insurance (or a hit-and-run) for your own UM claim.
Get the other driver's information regardless — a "no insurance" claim later requires proof they actually had none.
Photograph the scene, vehicles, and any visible injuries.
Report the claim to your own insurer promptly — most UM/UIM policies have their own notice deadlines separate from the general statute of limitations.

For the broader picture on deadlines, see personal injury filing deadlines in California.

Frequently asked questions

What's the difference between uninsured and underinsured motorist coverage?

Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all. Underinsured motorist (UIM) coverage applies when they have insurance, but not enough to cover your damages.

Can I still recover damages if I don't have my own insurance?

You can generally still recover economic damages like medical bills and lost wages. Under Proposition 213, though, an uninsured driver is typically barred from recovering pain-and-suffering damages — unless the at-fault driver was convicted of DUI.

Does the DUI exception to Proposition 213 always apply?

It applies when the at-fault driver was convicted of DUI in connection with the crash. If DUI was involved, an otherwise-uninsured accident victim can still pursue full pain-and-suffering damages.

Do I file a UM claim with my own insurer or the other driver's?

With your own insurer. UM/UIM coverage is part of your own policy, even though it applies when someone else caused the accident.

Sources

Ron Chini, Esq.

Personal Injury Attorney · CA State Bar No. 263308

Ron represents injured clients across Southern California on a contingency-fee basis — no fee unless he wins.

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