California has one of the highest uninsured driver rates in the country, estimated at 15–17% of drivers. If you’re in an accident here, there’s roughly a 1-in-6 chance the other driver doesn’t have insurance. Here’s exactly what to do if that happens to you.
At the Scene
Even though the other driver is uninsured, all of the regular accident steps still apply:
- Make sure everyone is safe. Check for injuries. Call 911 if anyone is hurt.
- Move vehicles to safety if drivable.
- Call the police. Critical, a police report is the foundation of an uninsured motorist claim. Do not skip this.
- Get the other driver’s info. Name, phone, address, driver’s license number, vehicle plate, vehicle make/model.
- Photograph everything. Damage, position of vehicles, license plates, road conditions, the other driver’s license if they’ll let you photograph it.
- Get witness contact information.
- Don’t let them leave without exchanging info. If they try, get the license plate at minimum.
If they leave the scene before police arrive, you have a hit-and-run. The procedure is similar to an uninsured driver from your insurance’s perspective, file under UMPD (or your collision if no UM).
Step 2: Confirm They’re Uninsured
The other driver may not know, or may lie about, their coverage. After the police take their info, your insurance can verify whether they’re actually insured by running their license through state databases.
Sometimes the other driver claims insurance and gives you a number that turns out to be expired or for a different vehicle. The police report and your insurance investigation will surface this.
Step 3: File the Claim With Your Insurance
Call your carrier’s claims line and tell them:
- You were in an accident
- The other driver was at fault
- The other driver is uninsured (or you suspect they are)
- You want to file under your uninsured motorist coverage
You’ll need to provide:
- The police report number
- The other driver’s info
- Photos of the damage
- A description of the accident
Your carrier assigns a claim number. They’ll likely send an adjuster to inspect your vehicle.
Step 4: Use Your UM/UMPD Coverage
If you carry Uninsured Motorist Property Damage (UMPD), this is what it’s for. Coverage typically pays for your repair up to the policy limits, minus a small deductible (often $200–500).
If you carry Uninsured Motorist Bodily Injury (UM), that covers your medical expenses, lost wages, and pain and suffering caused by the uninsured driver. UM limits match your liability limits in California (usually 100/300 or higher).
What If You Don’t Have UM Coverage?
You have three options:
Option A: File Under Your Collision Coverage
Your collision insurance pays for repair regardless of fault, minus your deductible. The downside: it counts as a claim on your record (though some carriers don’t surcharge for not-at-fault accidents).
Option B: Sue the At-Fault Driver Personally
California allows you to pursue the uninsured driver in court. The reality: most uninsured drivers don’t have assets to recover. Even with a judgment in your favor, you may collect nothing. This is rarely worth the legal fees.
Option C: Pay Out of Pocket
If repair is small ($200–500) and you don’t have UM or collision, paying out of pocket may make sense. For larger repairs, this is painful.
How to Avoid This Situation in the Future
Add UM/UMPD to your policy if you don’t have it. It’s cheap (typically $50–150/year combined) and protects you against California’s high uninsured rate.
Add the highest UM/UMPD limits your carrier offers. The premium difference between 25/50 and 100/300 is small, and 25/50 doesn’t cover much in a serious accident.
Common Scenarios We See in the AV
Scenario 1: Parking Lot Hit-and-Run
You come back to your car at the Antelope Valley Mall and find a dent. No note. No witness. File a police report (yes, even though they won’t catch the person, it documents the loss) and file under UMPD or collision. Coverage may apply with no deductible if you have UMPD-CDW (Collision Deductible Waiver).
Scenario 2: Rear-Ended by an Uninsured Driver
The other driver admits they don’t have insurance. File under UMPD. Your insurance subrogates against the other driver, they may eventually pay your carrier back, but you get your repair done while that’s happening.
Scenario 3: Side-Swiped by a Driver Who Then Speeds Off
Hit-and-run. Get the license plate if possible. Police report immediately. File under UMPD. Insurance investigates whether the plate-holder’s insurance applies.
The Lesson
The 15–17% uninsured rate in California is a real risk. Add UM and UMPD to your policy now, before you need them. The annual cost is roughly the same as a single restaurant meal.
Get an estimate, we’ll work with whichever carrier ends up paying, including under your uninsured motorist coverage.