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Your uninsured motorist coverage
Check your declarations page for uninsured motorist coverage. In California it must be included in auto liability policies, and the policyholder can delete it or choose lower limits, not below the state minimum, only by signing a written agreement in the form the law requires. Many people have it and do not know it. Even if you think you waived it, ask to see the signed form.
If you and your insurer disagree about fault or the amount, a single neutral arbitrator decides. During the claim, your own insurer is paying from its own money, so it may question your injuries the way the other driver’s insurer would. Treat its adjuster with the same care. Read underinsured motorist claims if the other driver had some insurance but not enough.
The two-year rule for uninsured motorist claims
Within two years of the accident, you must do one of three things: file a bodily injury lawsuit against the uninsured driver, reach an agreement with your insurer on the amount owed, or formally start arbitration by written notice to the insurer sent by certified mail, return receipt requested. An email or phone call to the adjuster is not the formal step the statute describes.
This deadline catches people who spend months negotiating and assume the claim is safe. Mark the two-year date on your calendar the day of the crash, and ask your lawyer to confirm in writing how the claim will be protected. For hit-and-run crashes, extra steps apply within 24 hours and 30 days: see hit and run in California.
Free accident case review
Tell us what happened. We will tell you plainly whether there is a case and what to do next. You owe no fees or costs unless we win.
If you also had no insurance
Under Proposition 213, a person who owned a vehicle involved in the crash that was not insured as the law requires, or who was driving and cannot show the required insurance, cannot recover non-economic damages such as pain and suffering (Civil Code 3333.4). Medical bills and lost wages remain recoverable. The same bar applies to an injured driver who was convicted of DUI for the crash.
There is one exception: an uninsured vehicle owner hurt by a driver who was convicted of DUI for that crash can still recover non-economic damages. If you were uninsured, do not assume you have no case, because economic damages are still on the table. See what happens when you have no insurance.
Suing the uninsured driver and others
You can sue the uninsured driver personally. The problem is collecting, since many uninsured drivers have few assets. Look at who else may be responsible. If the driver was working, the employer is generally liable for crashes within the scope of employment (CACI 3700). If the driver borrowed the car, the owner may be liable up to set limits (Vehicle Code 17150).
Deadline: the general deadline for an injury lawsuit in California is two years (Code of Civil Procedure 335.1). In Washington it is generally three years (RCW 4.16.080), and Washington policies include underinsured motorist coverage that also protects against uninsured drivers unless it was rejected in writing (RCW 48.22.030). Related: crashes in a borrowed car.
What to do now
Get medical care and keep all records and bills. Get the driver’s name, license and plate even if they say they have no insurance, and photograph the scene. Call police and get the report number. Report the crash to your insurer quickly and ask in writing for your uninsured motorist limits. Use MedPay or health insurance for bills (California Department of Insurance).
Do not give a recorded statement to your insurer or sign anything before you talk to a lawyer. Call Beverly Law at (310) 552-6959 or use the form on this page. We can review your policy, start the arbitration step correctly and on time, and press your insurer to pay what the coverage provides.
- Get medical care and follow up if symptoms change.
- Take photos of the vehicles, the scene and your injuries.
- Write down witness names and phone numbers.
- Keep every claim number and adjuster name in one place.
- Do not sign a release or give a recorded statement before talking to a lawyer.
- Save receipts for medical care, medicine, rides and car rentals.
Common questions
What happens if someone with no insurance hits me in California?
You can claim against your own uninsured motorist coverage, use MedPay if you have it, and sue the driver personally. Within two years you must sue the driver, settle with your insurer or start arbitration in writing by certified mail. Health insurance can help with bills while the claim is pending.
Does uninsured motorist coverage pay for my car?
The uninsured motorist coverage California requires is bodily injury coverage. Damage to your car is usually handled through your collision coverage or other property coverage on your policy, if you bought it. Check your declarations page or ask a lawyer to review it with you.
Can I sue an uninsured driver?
Yes. You can file a lawsuit against the driver personally, generally within two years in California. Collecting can be hard if they have few assets. A lawyer can also look at whether an employer or the car’s owner is responsible, which can open up other insurance.
What if I didn’t have insurance either?
Under California’s Proposition 213, an uninsured owner or a driver who cannot show the required insurance cannot recover pain and suffering, but can still recover medical bills and lost wages. There is an exception for an uninsured owner hurt by a driver convicted of DUI for the crash.
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Car and truck accident lawyer — Beverly Law
If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Car accident not my fault: what to do · Car accident not my fault: do I call my insurance? · Do I pay my deductible if the accident wasn’t my fault? · Will my insurance rates go up if I wasn’t at fault? · What to do after a car accident in California · All car and truck accident questions
Sources
- Cal. Ins. Code § 11580.2(a)(1)-(3), (b)(1)-(2), (f)
- Cal. Ins. Code § 11580.2(i)(1)(A)-(C), (b)(1)-(2)
- Cal. Civ. Code § 3333.4(a)(1)-(3), (b), (c); Hodges v. Superior Court (1999) 21 Cal.4th 109 (upholding statute)
- CACI Nos. 3700, 3701, 3720; Cal. Civ. Code § 2338
- Cal. Veh. Code §§ 17150, 17151(a)
- Cal. Code Civ. Proc. § 335.1
- RCW 4.16.080(2)
- RCW 48.22.030(1)-(4), (8)
- California Department of Insurance, Auto Insurance Terms glossary; policy terms
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.