Can You Sue Someone Who Doesn’t Have Car Insurance?

After a car accident, the at-fault driver’s insurance company is typically responsible for covering the damages caused by the accident. Costs associated with injuries, such as medical expenses and lost wages, as well as psychological harm resulting from the trauma, can have a tremendous impact on an accident victim’s life. Many injured car accident victims rely on their potential insurance settlement to alleviate this stress and help get them back on their feet financially. What happens if the driver who caused the accident doesn’t have car insurance?

You may still be able to recover financial damages, but having legal guidance is important if you plan on pursuing compensation after an accident involving an uninsured driver. At The Accident Network, we use our extensive experience and in-depth knowledge of California laws to ensure our clients have the best possible chance of receiving maximum compensation for their injuries.

California’s Minimum Insurance Requirements

Liability coverage is a type of insurance that covers damage to other motorists or pedestrians if the policyholder causes an accident. Currently, California requires drivers to carry the following minimum liability insurance coverage:

$15,000 per person for injury or death
$30,000 per accident for injury or death
$5,000 per accident for property damage

Starting on January 1, 2025, the required minimums will increase to:

$30,000 per person for injury or death
$60,000 per accident for injury or death
$15,000 per accident for property damage

Even though liability coverage is a legal requirement in California, some drivers still drive uninsured. This puts everyone on the road at risk because an accident caused by an uninsured driver may become the financial responsibility of the injured victim.

Understanding Uninsured Motorist Coverage

Uninsured motorist coverage offers added protection for motorists in the event they are harmed by a driver without car insurance. This coverage also helps in accidents involving hit-and-runs. Because the uninsured motorist insurance is your policy, you would file a claim with your insurance provider after an accident caused by an uninsured driver.

California’s Requirements for Uninsured Motorist Coverage

You are not required to carry uninsured motorist coverage; it is offered as an add-on for extra protection. However, insurance companies are required to offer it to their policyholders. California has one of the highest rates of uninsured drivers in the country, so having uninsured motorist coverage is highly recommended. If you choose to opt-out, you may be required to sign a waiver.

The minimum requirements for uninsured motorist coverage, if you choose to have this coverage, are:

$15,000 per person for injury or death
$30,000 per accident for injury or death
$3,500 per accident for property damage

It is a good idea to select higher coverage amounts if you are able to because the costs associated with a car accident can easily exceed these limits.

How Uninsured Motorist Coverage Applies

The following scenario provides an example of how uninsured motorist coverage may apply after a California car accident:

Charles failed to yield the right-of-way and pulled out in front of you, causing you to crash into his vehicle in a t-bone accident. The cost of your injuries totals $45,000, and your property damage equals $15,000, bringing the total economic damages you incurred to $60,000. This total does not include your non-economic damages like pain and suffering.

Charles is not insured, but you have minimum uninsured motorist coverage. You can file a claim with your insurance, even though Charles is at fault for the accident. However, your policy limits the amount you can recover to $15,000 for your injuries and $3,500 for your property damage. This leaves $41,500 in damages that exceed your policy’s limits.

Can I Sue an Uninsured Driver If UM Insurance Doesn’t Cover My Injuries?

California does allow you to sue the at-fault driver in most situations, but this is not always the best course of action. If the uninsured driver who caused your accident has substantial income or assets, filing a lawsuit against them might be a good idea to recover compensation for the harm they caused. However, many drivers do not have the means to pay extensive court-ordered damages.

The car accident lawyers at The Accident Network can discuss your options and help you make an informed decision about the next steps in your search for justice after an accident.

How to Recover Compensation After an Accident with an Uninsured Driver

Many of the steps you should take immediately following an accident with an uninsured driver are the same as you should take after any other type of accident, including:

Take photos of the scene
Get witness names and contact information
Exchange details with the other driver
Confirm the other driver does not have insurance
Seek necessary medical attention
File an uninsured motorist claim with your insurer

Contact an Experienced California Attorney

The Accident Network will review your case and provide personalized guidance regarding your options after an accident with an uninsured driver. The at-fault driver should be held responsible for the damage they’ve caused. If filing a lawsuit isn’t a feasible strategy, we can help you navigate the complex processes involved in uninsured motorist coverage and give you the best possible chance at a favorable outcome.