Your Rights After An Uninsured Driver Hit You

Getting hit by an uninsured driver is frustrating enough on its own. Add injuries, a damaged vehicle, and missed work into the mix, and it can feel like you’re being penalized for someone else’s mistake. The good news is that California law gives injured accident victims more options than most people realize.

Your Own Insurance May Cover You

One of the first things a Ventura car accident lawyer will look at is your own auto insurance policy. California requires insurers to offer uninsured motorist (UM) coverage, though drivers can decline it in writing. If you have this coverage, it can pay for:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage (if you also carry uninsured motorist property damage coverage)

UM coverage steps into the shoes of the at-fault driver and covers what their liability policy would have paid. If you declined UM coverage when you purchased your policy, this option simply won’t be available, which is exactly why carrying it matters.

What About Underinsured Drivers

Sometimes the at-fault driver technically has insurance, but their policy limits fall well short of your actual losses. California also requires insurers to offer underinsured motorist (UIM) coverage for this reason. If the at-fault driver’s policy maxes out below your total damages, your UIM coverage can step in to fill the gap.

Suing the At-Fault Driver Directly

You can file a personal injury lawsuit against an uninsured driver. The real question is whether that person has the financial resources to satisfy a judgment. Many uninsured drivers don’t, which makes this option less practical in most cases. It’s worth discussing with an attorney, but it’s rarely the fastest or most reliable path to meaningful compensation.

California’s Proposition 213

There’s an important wrinkle under California law worth knowing. Under Proposition 213, if you were uninsured at the time of the accident, you generally cannot recover non-economic damages, like pain and suffering, even if the other driver was entirely at fault. This is one reason why keeping your own coverage active matters well beyond just following the law.

Steps to Take After an Accident With an Uninsured Driver

The actions you take immediately after the crash can significantly shape the outcome of your claim. A Ventura car accident lawyer would generally advise the following:

• Call the police and secure an official accident report
• Photograph the scene and collect witness contact information
• Notify your own insurance company promptly
• Avoid giving recorded statements without legal guidance
• Seek medical attention, even if your injuries seem minor at first

Don’t assume that a lack of insurance on the other side means your claim is over. There are often multiple avenues worth pursuing.

Get Legal Advice Before You Settle

Insurance companies move quickly. If an adjuster contacts you shortly after the crash with a settlement offer, that figure is almost always lower than what you may actually be owed. Before signing anything, it’s worth getting a legal opinion on what your claim is genuinely worth.

Cohen Injury Law Group represents clients across California, including Ventura County. If an uninsured driver injured you in a crash, contact our team today to discuss what your case may be worth and take the first step toward getting the compensation you deserve.