Hit By an Uninsured Driver in California — Your Complete Legal Guide

California has one of the highest rates of uninsured drivers in the United States — approximately 15–17% statewide, with some Inland Empire zip codes exceeding 25%. Here's exactly what to do if you're hit by an uninsured driver.

Immediate Steps After Being Hit by an Uninsured Driver

1. Call 911 — a police report documenting the uninsured driver is essential for your UM claim
2. Get the other driver's information (license, vehicle, address) even if they have no insurance
3. Do not let them leave until police arrive — leaving the scene of an accident is a crime
4. Photograph everything, especially any insurance card or lack thereof
5. Get witness information
6. Call Gonzales Law at 909-587-6336 before filing any UM claim

Your Uninsured Motorist (UM) Coverage

California Insurance Code §11580.2 requires insurers to offer UM coverage. When you buy your own auto insurance, UM coverage pays you when:

• The at-fault driver has no insurance
• The at-fault driver fled the scene (hit-and-run)
• The at-fault driver's insurer becomes insolvent

UM coverage pays the same damages as a standard liability claim: medical bills, lost wages, and pain and suffering — up to your UM policy limit.

What If I Don't Have UM Coverage?

You can still sue the uninsured driver directly. However, collecting a judgment against an uninsured driver is often difficult — people who can't afford insurance typically don't have significant assets. Options:

• Wage garnishment (25% of disposable earnings)
• Bank account levy
• Property liens
• Criminal restitution in hit-and-run cases

Gonzales Law pursues all available avenues and recommends every client carry minimum $100,000/$300,000 UM coverage going forward.

Underinsured Motorist (UIM) Coverage

UIM applies when the at-fault driver has insurance, but their limits are lower than your damages. Example: Their policy is $15,000 but your damages are $85,000. Your UIM policy pays the $70,000 gap (up to your UIM limit). In the IE, where many drivers carry only California's minimum $15,000/$30,000 coverage, UIM claims are extremely common. Always purchase UIM coverage equal to your UM limits.

UM Claim vs. Lawsuit — What's the Difference?

A UM claim is filed with your own insurance company. Your insurer steps into the shoes of the uninsured driver and defends as if they were the other side — meaning your own insurance company will try to minimize your payout. This is why UM claims require the same aggressive representation as lawsuits. Gonzales Law handles UM/UIM claims throughout the Inland Empire. Call 909-587-6336.