Getting hit by a driver who has no insurance, or who flees the scene, is frustrating and frightening. The good news is that in California you often still have a way to recover for your injuries, even when the at-fault driver cannot pay. Here is what you need to know.
Uninsured and Underinsured Motorist Coverage
Many California drivers carry uninsured motorist (UM) and underinsured motorist (UIM) coverage as part of their own auto policy, sometimes without realizing it. This coverage is designed for exactly this situation:
- Uninsured motorist coverage applies when the at-fault driver has no insurance at all, and often when you are the victim of a hit-and-run.
- Underinsured motorist coverage applies when the other driver has insurance, but not enough to cover your injuries.
If you have this coverage, you can file a claim with your own insurer to be compensated for your medical bills, lost wages, and pain and suffering, up to your policy limits.
What If It Was a Hit-and-Run?
A hit-and-run can still be covered by your uninsured motorist coverage, but there are usually extra requirements. In many cases you must report the crash to the police promptly, and there may be a requirement to show some independent evidence of the other vehicle. Reporting the crash right away protects your ability to make a claim.
Your Own Insurer Is Not Always on Your Side
It may feel like filing a claim with your own insurance company should be easy. In reality, uninsured motorist claims can be surprisingly contested. Your insurer may dispute how the crash happened or how serious your injuries are, because paying your claim costs them money. Having a lawyer handle the claim helps keep the process fair.
Do Not Assume You Have No Options
Even if the other driver has no insurance, you may have more coverage available than you think, including your own UM or UIM coverage, and sometimes claims against other responsible parties. A quick, free case review can tell you where you stand.
If you were hit by an uninsured or hit-and-run driver in California, call us at 323-991-7353. We will review your coverage and options at no cost. Se habla espanol, and there is no fee unless we win.
This article is general information about California law, not legal advice. Every case is different - for advice about your situation, talk to a lawyer. Call us at 323-991-7353 for a free consultation.