Legally reviewed by:
Setareh Law
May 1, 2025

A serious car accident can devastate your finances and physical wellbeing in an instant, but the situation becomes significantly worse when the at-fault driver has no insurance. Despite California law requiring all drivers to carry liability insurance, approximately 16.6% of motorists on California roads remain uninsured. This alarming reality means that after an accident with an uninsured driver, you could be left with substantial medical bills, lost wages, and vehicle repair costs with no clear path to compensation.

At Setareh Law, we’ve seen firsthand how uninsured motorist coverage provides crucial protection for our clients. Our personal injury attorneys understand the complexities of insurance claims and help accident victims throughout California recover the compensation they deserve. We believe proactive protection through proper insurance coverage is an essential part of responsible driving.

Understanding Uninsured and Underinsured Motorist Coverage

In California, uninsured motorist coverage is not mandatory, but insurance companies must offer it, and you must reject it in writing if you choose not to purchase it. This coverage provides essential protection that many drivers overlook.

What This Coverage Protects

Uninsured motorist coverage typically includes two main components:

  • Uninsured Motorist Bodily Injury (UMBI): Covers medical expenses, lost wages, and pain and suffering when you’re injured by an uninsured driver
  • Uninsured Motorist Property Damage (UMPD): Covers repairs to your vehicle when damaged by an uninsured driver (subject to policy limits)

Similar coverage applies when the at-fault driver has insurance but with insufficient limits to cover your damages—known as underinsured motorist coverage. This protection activates when your damages exceed the at-fault driver’s liability limits.

Our attorneys strongly recommend purchasing this coverage with limits matching your liability coverage. While it may increase your premium slightly, the protection it provides far outweighs the cost, especially considering the high percentage of uninsured drivers in California.

When This Coverage Applies

Uninsured motorist coverage protects you in various scenarios:

  • Accidents caused by drivers with no insurance
  • Hit-and-run accidents where the at-fault driver cannot be identified
  • Accidents with drivers whose insurance companies deny coverage or become insolvent
  • Collisions with underinsured drivers whose policy limits are too low

This coverage extends to you and relatives in your household, whether you’re driving, riding as a passenger in someone else’s vehicle, or even walking as a pedestrian when struck by an uninsured driver.

The Financial Risks of Being Hit by an Uninsured Driver

Without uninsured motorist coverage, an accident with an uninsured driver can create severe financial hardship, even with health insurance.

Medical Expenses Beyond Health Insurance

While your health insurance may cover some medical treatment after an accident, it typically doesn’t cover:

  • Your health insurance deductible and copays
  • Lost wages during recovery
  • Long-term rehabilitation costs
  • Pain and suffering compensation
  • Future medical needs related to your injuries

These expenses can quickly amount to tens of thousands of dollars, putting your financial stability at risk. Uninsured motorist coverage helps fill these gaps, ensuring you receive proper treatment without depleting your savings.

Limited Recovery Options

Without uninsured motorist coverage, your options for recovery after an accident with an uninsured driver are severely limited:

  • Filing a lawsuit against the uninsured driver (who likely has limited assets)
  • Using your own health insurance (with its limitations and cost-sharing)
  • Paying out-of-pocket for vehicle repairs and uncovered medical expenses

While you can pursue legal action against an uninsured driver, collecting on a judgment often proves difficult. Many uninsured drivers lack sufficient assets or income to pay significant damages, making your legal victory potentially hollow. Our experience shows that uninsured motorist coverage provides a much more reliable path to compensation.

How to Make the Most of Your Uninsured Motorist Coverage

Having this coverage is essential, but understanding how to use it effectively after an accident is equally important.

Report the Accident Immediately

After any accident, report the incident to both the police and your insurance company promptly. This documentation is particularly crucial for:

  • Hit-and-run accidents where the other driver cannot be identified
  • Disputes about whether the other driver actually had insurance
  • Establishing the facts of the accident while memories are fresh

Be sure to explicitly mention to your insurance company that the other driver appears uninsured or underinsured, as this triggers different handling procedures for your claim.

Don’t Accept Quick Settlement Offers

Insurance companies, including your own, may offer quick settlements that undervalue your claim. Before accepting any offer:

  • Complete all necessary medical treatment
  • Understand your long-term prognosis
  • Calculate all accident-related expenses
  • Consult with a personal injury attorney to determine fair compensation

Remember that your insurance company becomes your adversary in uninsured motorist claims—they have financial incentives to minimize your payout. Our attorneys help clients navigate these complex negotiations to ensure fair compensation.

Contact Our Personal Injury Attorneys Today

If you’ve been injured in an accident with an uninsured or underinsured driver in California, having knowledgeable legal representation can make a tremendous difference in your recovery. At Setareh Law, our multilingual team has recovered millions for injured clients with a 98% success rate because we understand the nuances of uninsured motorist claims and how to maximize your coverage.

Our experienced attorneys can help you navigate the claims process, gather necessary documentation, and fight for the full compensation you deserve under your policy. Don’t let an uninsured driver derail your financial future. Contact us today at (310) 659-1826 or through our contact form for a free consultation about your case.