What Happens If the Person at Fault in An Accident Has No Insurance in California? 2025

Have you ever wondered what happens if the person at fault in an accident has no insurance in California? While driving without insurance is illegal in California, it is still something that occurs daily. It can create a difficult and frustrating situation if you are involved in an accident with somebody who doesn’t have any coverage, especially if they are at fault.

If the at-fault driver has no insurance in California, they may be personally liable for damages. Victims can sue them directly or use their own uninsured motorist coverage.

Depending on the specifics of the accidents, parties involved, and available insurance policies, California law offers several ways to handle this scenario.

Legal Requirements for Drivers in California

It is mandatory for all drivers to have auto insurance in California, and the insurance must meet the minimum liability requirements as outlined in California Vehicle Code §16056(a). These are:

• $5,000 for property damage in a single accident.
• $15,000 for injury or death to one person in a single accident.
• $30,000 for injury or death to multiple people in a single accident.

In the event of an accident, both the at-fault driver and the victim are covered under auto insurance policies. Whether it is because they can’t afford it, they choose to drive uninsured, or they forgot to renew their policy, there are many instances when a driver still gets behind the wheel while lacking insurance.

What Happens If the At-Fault Driver Doesn’t Have Insurance?

You (the victim) may face significant challenges if the driver responsible for the accident has no insurance. A variety of possible outcomes may come from this scenario. Here are the steps you may take:

1. Pursuing Compensation Through Your Own Insurance. California law requires insurance companies to offer uninsured motorist (UM) coverage, though drivers are not required to purchase it and may decline it in writing. If you have UM coverage, it can help protect you by providing compensation for your injuries and property damage when the at-fault driver does not have insurance.Assuming you have this coverage, you may file a claim with your own insurance company to seek compensation for property damages and any injuries you may have suffered. Insurance companies often try to minimize payouts or deny a claim, sometimes making this a complicated process. In this event, it is good to have proper documentation and legal representation to better your chances of receiving your full compensation amount.
2. Filing a Claim Against the Uninsured Driver. You have the option to file a claim directly against the uninsured driver if you do not have uninsured motorist coverage or if your coverage does not fully cover your damages. It’s important to know that it can be problematic to pursue a claim against someone who has no insurance for a number of reasons.In these cases, the driver often has limited financial resources. This means they are unable to pay for your lost wages, property damage, or medical bills. When this happens, even if you win the lawsuit, you are unable to collect the money you have been awarded.There are also cases where the driver does not have sufficient assets or income, and you then struggle to collect any awarded damages. There is no guarantee that you will ever receive full compensation, even if the court judgment allows you to garnish wages or seize property. This route is also often expensive and lengthy.
3. The Role of Your Health Insurance may be able to use your health insurance to cover medical expenses if you are injured in an accident caused by an uninsured driver. There may be an out-of-pocket expense or a deductible to pay, but your health insurance can help cover the cost of medical treatment, depending on your policy.It’s important to remember that although health insurance may be able to help cover medical expenses, it does not cover other damages such as lost wages or property. This would need to be pursued through a legal claim or your own uninsured motorist coverage.

Why Hire a Lawyer After an Accident with an Uninsured Driver?

There are several reasons to hire a lawyer when you are involved in an accident with a driver who doesn’t have insurance. The experienced lawyers at Amendt Law understand the complexities of California law and have experience filing claims with insurance companies.

We are able to help you pursue the at-fault driver, and we are comfortable dealing with complex legal procedures so that we may effectively maximize your compensation, negotiate with insurance companies, and avoid mistakes.

FAQs

What Happens If the Person at Fault Has No Insurance in California?

If the person at fault in an accident has no insurance in California, the driver may take several actions to seek compensation for their damages in injuries. These actions include filing a personal injury claim, an uninsured motorist claim, or a claim against the driver. If you have found yourself in a situation like this, it is important to consult with an attorney.

Can You Sue an Uninsured Driver in California?

Although you are able to sue an uninsured driver in California, it may not be worth it, depending on the situation of that driver and the details surrounding the accident. It’s important to consider your own insurance coverage, as well as the employment of the driver. You will need to gather sufficient evidence and consult with a lawyer before filing the claim.

What Happens After an Accident with an Uninsured Driver in California?

The first step after an accident with an uninsured driver in California is to check your own insurance coverage. If you carry uninsured motorist (UM), collision, or medical payments coverage, you may be able to file a claim with your own insurer for compensation. Next, gather evidence from the scene, consider whether a lawsuit is appropriate, and review any other insurance policies—such as health insurance—that might help cover your losses. Depending on your coverage, your policy may help pay for medical bills, lost wages, and property damage related to the accident.

What Happens If the Other Party Doesn’t Have Insurance?

If the other party doesn’t have insurance, you need to be prepared for a long and complicated process. It’s important to get in contact with an experienced accident lawyer who has the knowledge and credentials to deal with cases like your own. A skilled attorney should be able to explain the legal process to you, as well as suggest the route for you to take while seeking compensation.

Contact Amendt Law

If you are involved in an accident, the fault of the accident is because of an uninsured driver, it is time to get in contact with an accident lawyer. Our experienced legal team at Amendt Law has guided many clients through accidents involving uninsured drivers. We have the knowledge needed to guide you, negotiate with insurance companies, and represent you through the entire legal process. Call our office today to connect with one of our attorneys.