Setareh Law
July 3, 2026
The collision happens in only seconds, and then, just as quickly, the other driver is gone. No license plate number, no contact details, and no insurance card that you are supposed to exchange on the scene. When the driver who caused your accident is both uninsured and has left the state, it can feel like your path to compensation has disappeared right along with them. California roads see these situations often, and knowing your legal options from the start is critical to protecting your financial recovery.
At Setareh Law, we have spent over 60 years helping injured Californians navigate even the most difficult car accident claims. Our team has recovered over $250 million on behalf of clients throughout California, including those pursuing uninsured motorist claims where the at-fault driver was difficult or impossible to locate. If you find yourself in this situation, you are not without options.
Your First Step: File a Police Report
The most important thing you can do immediately after a hit-and-run accident is call the police and file a report. This documentation is not just useful evidence. It is often a required step before your insurance company will consider a claim under your uninsured motorist (UM) coverage. At the scene, gather as much information as possible, including photographs of the damage, road conditions, tire marks, and the contact details of any witnesses who saw what happened.
Even if you cannot identify the fleeing driver, a police report establishes an official record that an uninsured or unknown motorist caused your injuries. Without this foundational documentation, insurance companies may dispute your version of events, slow down the process, and ultimately undervalue what you are owed.
Uninsured Motorist Coverage: Your Most Important Safety Net
California requires all auto insurance policies to include uninsured motorist bodily injury (UMBI) coverage by default unless you explicitly waive it in writing. According to the California Department of Insurance, this coverage steps in when the at-fault driver has no liability insurance or cannot be identified after leaving the scene. When you file a UM claim, you are filing against your own insurance policy rather than directly pursuing the at-fault driver. This coverage may compensate you for the following losses:
- Medical expenses and ongoing treatment
- Lost wages during recovery
- Pain and suffering
- Permanent disability or disfigurement
The amount you can recover is capped at the UM limits you selected when purchasing your policy, which is why carrying higher-than-minimum coverage matters. You should also understand the differences between uninsured and underinsured motorist coverage to know exactly what your policy provides. Unfortunately, UM bodily injury coverage does not cover vehicle repairs. For that, you would turn to your collision coverage or a separate UM property damage claim.
Can You Sue a Driver Who Has Left the State?
California law does allow you to file a personal injury lawsuit against an at-fault driver even if they have relocated out of state. However, tracking them down, serving legal process, and enforcing a judgment across state lines present major obstacles. Even when the driver is identified, they frequently lack the assets to satisfy a judgment, making direct litigation a costly and uncertain route.
This is why your own UM coverage is typically the most practical path after a California car accident involving a driver who is uninsured and no longer present. An attorney can help you assess whether a direct lawsuit is worth pursuing based on the specific facts of your case.
Other Coverages That May Help
Medical Payments (MedPay) coverage, if you carry it, can pay your immediate medical bills regardless of who was at fault. Your collision coverage can handle vehicle repairs outside of any UM claim. Evaluating every available layer of coverage in your policy is essential, and our resource on protecting yourself from uninsured drivers can help you understand what safeguards you may already have in place.
Contact Setareh Law for Help With Your Uninsured Motorist Claim
Dealing with an uninsured driver who has left the state is one of the most challenging situations a car accident victim can face, and insurance companies rarely make these claims easy. At Setareh Law, we handle UM claims throughout California on a contingency fee basis, meaning you owe nothing unless we secure compensation on your behalf. With over 400 five-star Google reviews, 60 years of combined experience, and eight office locations with home visits available, we are equipped to fight for the full recovery you deserve.
Contact our office today to schedule a one-on-one consultation with a dedicated attorney who is committed to standing in your corner from start to finish.
