The short answer: when the other driver has no insurance or flees, the most common path is an uninsured/underinsured motorist (UM/UIM) claim with your own insurance company. For a hit-and-run UM claim, you must report to police within 24 hours, submit a statement under oath within 30 days, and show there was physical contact with the vehicle that hit you (Insurance Code §11580.2(b)). If you were an uninsured vehicle owner yourself, Proposition 213 (Civil Code §3333.4) generally bars you from recovering non-economic damages.
This article reflects information verified as of October 1, 2026. It is general information, not legal advice for any specific case.
How many drivers are uninsured?
A study released in February 2025 by the Insurance Research Council (IRC), using 2023 data, estimated that about 15.4% of U.S. drivers were uninsured, and that uninsured and underinsured drivers together made up about 33.4%. These are IRC estimates, not official census figures.
If the other driver has no insurance, where can you recover?
| Option | How it works |
|---|---|
| Your own UM coverage | When the other driver has no insurance, you claim against your own insurer. California law requires insurers to offer UM coverage on auto liability policies unless the policyholder waives it in writing (Ins. Code §11580.2(a)(1)). UM limits cannot be lower than the financial responsibility minimums in Vehicle Code §16056 ($30,000 per person and $60,000 per accident for policies issued or renewed on or after January 1, 2025) |
| Your own UIM coverage | Applies when the other driver has insurance, but not enough to cover your losses (the "underinsured" definition in §11580.2) |
| Med-Pay | If you bought it, it can usually pay medical bills first regardless of who was at fault, subject to your policy terms |
| Suing the at-fault driver directly | Even without insurance, the driver may have personal assets, an employer, or a vehicle owner who can be held responsible. Whether you can actually collect needs to be evaluated |
| Health insurance and other benefits | Can cover treatment first, but watch for the insurer's right to be reimbursed (a lien) |
A few things to know about UM/UIM
- Even though you are claiming against your own insurer, the company will still evaluate fault and damages, and it may push back;
- If you and the insurer cannot agree on fault or the amount, the law generally sends the dispute to arbitration (§11580.2(f));
- Deadline: under §11580.2(i), within 2 years of the accident you must take one of the required steps: file suit against the uninsured driver, reach an agreement with your insurer on the amount, or formally demand arbitration by certified mail. People often confuse this with the general 2-year deadline to file a lawsuit, so talk to a lawyer about exactly what to do;
- California's claims-handling time limits (10 CCR §2695.7) also apply to uninsured motorist claims.
After a hit-and-run, what three things must you do right away?
Hit-and-run is illegal in California. When a crash injures or kills someone, the driver must stop immediately, give their name, address, and vehicle registration number, and render reasonable aid to anyone injured (Vehicle Code §20001, §20003). For the victim, the problem is that the driver can't be found, so your own UM coverage is often the only source of recovery. Under Insurance Code §11580.2(b), a claim involving an "unidentified" vehicle must meet these requirements:
- Report the accident to police within 24 hours;
- Submit a statement under oath to your insurer within 30 days, stating that you have a valid UM claim and that the at-fault driver is unknown;
- The injury must have resulted from physical contact with that vehicle.
The physical contact requirement is often disputed in "phantom vehicle" cases, for example when another car forces you to swerve but the two cars never touch. Whether an exception applies depends on your policy language and case law, so talk to a lawyer promptly.
In these situations, insurers tend to ask detailed questions about how the crash happened and why you believe another vehicle caused it. Write down what happened as soon as you can: the time, the location, road conditions, what the other vehicle looked like, and how you reacted. Keep the police report and your medical records too. All of this helps show how the crash caused your injuries.
What to try to capture at the scene
- All or part of the license plate, plus the make, model, color, and any distinctive features;
- Security cameras at or near the scene. Contact nearby businesses quickly and ask them to save the footage;
- Contact information for witnesses;
- The police report number.
If you had no insurance yourself, how does Proposition 213 affect you?
California Civil Code §3333.4 (Proposition 213) provides that in a lawsuit arising from the use of a motor vehicle, an injured person cannot recover non-economic damages (pain and suffering, emotional distress, and the like) if that person was a driver convicted of DUI (Vehicle Code §23152, §23153), the uninsured owner of an involved vehicle, or a driver who cannot show financial responsibility. The statute names those categories of people and says nothing about passengers. It also does not affect recovery of economic damages such as medical bills and lost wages. One exception: the limit does not apply when an uninsured owner is hit by a driver who is convicted of driving under the influence of alcohol or drugs (Vehicle Code §23152, §23153).
Some people assume that because the other driver was entirely at fault, they can recover everything even though they were uninsured. Recovery may actually be limited. If your own policy lapsed at any point, tell your lawyer early.
If you're not sure whether your policy was in force on the day of the accident, pull your policy and payment records and go over them with a lawyer. Don't decide on your own that it doesn't matter.
What are three common scenarios? (Anonymized, not specific cases)
Scenario 1: The other driver has no insurance and no assets to collect from. You could sue and win a judgment and still never collect. Your own UM coverage is often the realistic source of payment, which is why it's worth setting your UM/UIM limits to match your liability limits when you buy insurance rather than choosing the minimum.
Scenario 2: An unknown car sideswipes you at night and drives off, and no one sees it. What you do in the first few hours, reporting to police and preserving evidence, often decides whether the claim holds up. Suppose someone is shaken up, doesn't want to bother the police, and waits a week to report. That may not satisfy the 24-hour requirement. This is a hypothetical to illustrate the deadline, not a real case.
Scenario 3: The other driver has insurance, but only the minimum. With serious injuries, the other driver's $30,000-per-person limit runs out quickly. Then the questions become whether you have UIM coverage of your own and whether the other vehicle belonged to an employer or a company.
How have California's minimum insurance limits changed?
SB 1107 (2022) changed California's minimum liability limits. For policies issued or renewed on or after January 1, 2025, the minimums are $30,000 per person for bodily injury, $60,000 per accident, and $15,000 for property damage (up from $15,000/$30,000/$5,000). For policies issued or renewed on or after January 1, 2035, they rise again to $50,000/$100,000/$25,000. Even the minimums may not cover the real cost of a serious injury, so buy higher UM/UIM limits if you can.
What checklist can you follow after a crash?
- Find out whether the other driver has insurance, and get the police report number;
- Pull your own policy and check whether you have UM/UIM and Med-Pay, and what the limits are;
- Hit-and-run: report to police within 24 hours and submit the statement under oath within 30 days;
- See a doctor promptly and keep every record;
- File the DMV SR-1 within 10 days of the accident (required if anyone was injured or property damage exceeds $1,000);
- Don't sign anything from an insurance company until you understand it;
- Take the required legal step within 2 years. Don't let it slide.
Main sources
- California Insurance Code §11580.2
- California Civil Code §3333.4 (Proposition 213)
- Insurance Research Council press release (released February 17, 2025, using 2023 data)
- SB 1107 (2022)
- California Vehicle Code §16000
- California Vehicle Code §16056
- California Vehicle Code §20001
- California Vehicle Code §20003
- California DMV, SR-1 accident reporting
Lingtu Law
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