Getting hit by an uninsured driver is frustrating and stressful. You are dealing with injuries, car repairs, missed work, and an insurance company that may start asking questions right away.
At the Law Offices of Brent W. Caldwell, we help people across California after crashes with uninsured drivers and hit-and-run drivers. We offer free consultations, and we handle personal injury cases on a contingency fee basis.
Start here: what to do in the first hour
1) Call 911 and get help for injuries
Your health comes first. If you hit your head, feel dizzy, have neck or back pain, chest pain, numbness, or worsening symptoms, get checked the same day.
2) Ask for a police response and get the report number
A police report can matter a lot when the other driver has no insurance or tries to change their story later.
3) Take photos and video before the scene changes
If it is safe, document:
- All vehicle damage (wide shots and closeups)
- The other driver, their license plate, and their driver’s license
- The intersection, lane markings, and any traffic signs or signals
- Skid marks, debris, and final vehicle positions
- Any visible injuries
4) Get witness information
In uninsured and hit-and-run cases, a neutral witness can be the difference between a smooth claim and a fight.
Do not miss this California requirement: the SR-1 accident report
In California, many crashes must be reported to the DMV within 10 days if anyone is injured (even minor injuries) or killed, or if property damage is over $1,000. The DMV uses the SR-1 accident report for this.
Tell your insurer, but be careful with statements
You should report the crash to your insurance company promptly. At the same time, be cautious with recorded statements or questions that ask you to guess about speed, distances, or timing. If you do not know, say you do not know.
If you have these coverages, they may apply:
- Uninsured/Underinsured Motorist (UM/UIM) coverage for injuries when the at-fault driver has no insurance or not enough insurance
- Collision coverage for vehicle repairs (often the fastest path for property damage)
- Medical Payments (MedPay) coverage for medical bills, regardless of fault (if you carry it)
Special rules for hit-and-run crashes in California
Many people discover the other driver is “uninsured” because they fled the scene.
California UM law has strict requirements in many hit-and-run situations involving an unknown driver, including:
- Physical contact is generally required (the unknown vehicle must make contact with you or the vehicle you are in).
- The crash must be reported to law enforcement within 24 hours.
- A sworn statement often must be filed with the insurer within 30 days describing the claim and the unknown driver.
If you think you may be dealing with a hit-and-run UM claim, treat it as time-sensitive.
Keep your medical records organized
Insurance carriers evaluate UM claims using medical records and billing, and they often focus on whether treatment was consistent and supported by documentation. Save:
- ER or urgent care records
- Imaging referrals and results
- Physical therapy notes
- Prescription receipts
- Mileage and out-of-pocket medical expenses
- Work notes and time missed from work
Deadlines That Can Affect Your UM Claim
Under California Insurance Code section 11580.2, a UM claim can be lost if, within two years of the crash, you do not:
- file suit against the uninsured motorist, or
- reach an agreement on the amount due, or
- formally institute arbitration by notifying the insurer in writing by certified mail (return receipt requested).
That same statute includes rules about how long arbitration should take and when certain time limits can be excused.
Separate from UM procedures, California’s general personal injury lawsuit deadline is typically two years from the injury date.
What about car repairs and property damage?
Property damage is often handled through:
- Collision coverage (you pay your deductible, and your insurer may pursue reimbursement from the at-fault driver), or
- Uninsured Motorist Property Damage (UMPD) in some policies, which is limited in California’s “basic coverage” examples and may not cover everything.
We usually help clients choose the approach that gets the car repaired fastest while protecting the injury claim.
Should you sue the uninsured driver?
You can pursue the at-fault driver personally, but collecting can be difficult if they do not have assets or income that can be reached. Many cases focus on available insurance coverage first (UM/UIM, MedPay, collision), then evaluate whether a lawsuit against the driver makes financial sense.
Talk with a Huntington Beach car accident lawyer about an uninsured driver crash
If you were hit by an uninsured driver (or the driver fled) anywhere in California, we can explain how your UM coverage works, help you avoid missed deadlines, and handle communications with the insurance company. Contact the Law Offices of Brent W. Caldwell for a free consultation. We take personal injury cases on a contingency fee basis, and you pay no attorney fees unless we recover compensation for you.
