An uninsured driver is someone operating a motor vehicle without the legally required liability insurance. In California, this is not just risky—it’s illegal. Yet, despite strict insurance mandates, many San Diego residents still find themselves hit by drivers who can’t or won’t pay for the damage they cause. This creates serious financial and legal complications for the victims.
If you’ve been hit by an uninsured driver in San Diego, you still have options. From uninsured motorist (UM) coverage to potential civil lawsuits, understanding your next steps can help protect your rights. This guide breaks down what California law requires, how to claim against your own policy, and why working with a San Diego personal injury lawyer like Mova Law Group can make all the difference.
Is It Illegal to Drive Without Insurance in California?
What does California law require?
Yes, California law mandates auto liability insurance. Every driver must carry a minimum amount of coverage to legally operate a vehicle:
- $15,000 for injury or death to one person
- $30,000 for injury or death to more than one person
- $5,000 for property damage
These minimums are outlined in California Vehicle Code §16020. Driving without meeting these requirements can lead to fines, license suspension, and vehicle impoundment.
What happens if a driver has no insurance?
The consequences can be severe. Uninsured drivers face legal penalties and may struggle to pay for the damage they’ve caused. For injured victims, this also complicates the ability to recover damages unless alternative coverage applies.
What Are Your Options If the At-Fault Driver Is Uninsured?
Can you sue an uninsured driver?
Yes, but it may not be practical. You can file a lawsuit against the driver personally. However, if they lack insurance, they likely have limited assets. Winning a judgment doesn’t always mean you’ll actually collect compensation.
What is uninsured motorist (UM) coverage?
UM coverage is your safety net. It allows you to recover compensation from your own insurer when the at-fault driver has no coverage. Most California policies include it by default unless you specifically waive it in writing. If the other driver has no insurance, your only recourse may be to file an uninsured motorist claim through your own policy.
Can underinsured motorist (UIM) coverage help?
Yes, when the other driver’s coverage isn’t enough. UIM coverage pays the difference between their policy limit and your actual losses, up to your policy limit. This is especially useful in serious accidents involving high medical costs.
How Does UM/UIM Coverage Work in San Diego?
How do you file a UM/UIM claim?
The process starts with your own insurer. After the accident, notify your provider, submit proof of loss, and document that the at-fault party lacks sufficient coverage. Be prepared to cooperate with adjusters and submit medical records or repair estimates.
What compensation can you receive?
If your claim is approved, you may be eligible for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage (if Uninsured Motorist Property Damage coverage is included)
Keep in mind that your payout cannot exceed your own policy limits.
What If You Don’t Have UM/UIM Coverage?
Can you still recover compensation?
Possibly, but it’s more complicated. You may still:
- Use your health insurance to cover medical costs
- Sue the at-fault driver directly (with lower chances of collection)
- Explore crime victim funds in rare assault-related cases
However, without UM/UIM, there are fewer guaranteed paths to compensation.
How Common Are Uninsured Drivers in San Diego?
What percentage of drivers are uninsured?
California has one of the highest rates of uninsured drivers. According to the Insurance Research Council, around 16.6% of drivers in California are uninsured. Urban areas like San Diego see even higher figures due to population density and economic disparity.
This makes UM/UIM coverage essential for any San Diego driver.
Why You Need a San Diego Personal Injury Lawyer
How can a lawyer help in uninsured driver cases?
Legal guidance is key when coverage is limited or disputed. A personal injury attorney from Mova Law Group can:
- Investigate insurance coverage options
- Negotiate with your insurer on UM/UIM claims
- File lawsuits when needed
- Maximize compensation through every available legal route
Working with an experienced San Diego personal injury lawyer ensures that your rights are fully protected, even when the other party has no insurance.
What to Do Immediately After an Accident With an Uninsured Driver
Take the right steps early.
- Call the police and file an official report
- Document the scene: photos, videos, license plate, witnesses
- Get medical attention even if you feel fine
- Notify your insurance company ASAP
- Consult a lawyer to evaluate your legal options
Delays or missteps can impact your ability to claim compensation.
Frequently Asked Questions (FAQ)
Do I need to prove the other driver had no insurance?
Yes. Your insurer will require verification, which may include a DMV report, signed statement, or lack of policy confirmation.
How long do I have to file a UM claim?
Usually two years, but deadlines may vary depending on your policy and whether a lawsuit is required. Act quickly.
What if I was partly at fault?
California follows a comparative fault rule. You can still recover compensation, but it will be reduced by your percentage of fault.
What to Do Next: Protect Your Rights Today
If you’ve been injured by an uninsured driver in San Diego, time is critical. You may still have powerful legal options through your own policy or direct legal action. But navigating these claims can be overwhelming—especially when insurers try to minimise your payout.
Mova Law Group has helped countless San Diego residents recover fair compensation after serious auto accidents. If you’re unsure of your next move, schedule a free consultation with our car accident lawyers in San Diego to understand your rights.
Don’t let an uninsured driver leave you with the bill. Get the legal guidance you need to move forward with confidence.
Ready to Start? Contact Us Today!
(858) 333-4999