What Happens When I’m Injured in a Car Accident by an Uninsured Driver?

Insurance is legally required for all drivers in California to protect everyone on the road. California law follows at-fault laws for car accident liability, meaning the driver who caused the accident is responsible for damages. But what happens when the at-fault driver doesn’t have insurance? Unfortunately, many irresponsible, uninsured drivers traverse the state’s roads every day. If you are involved in a car accident with an uninsured driver in California, you still have options for financial recovery. 

When unexpected accidents strike, the first steps toward recovery are often the most challenging. Medical expenses, vehicle repairs, and lost wages can distract from the most important part of your recovery: healing. You need a personal injury firm Sacramento residents trust to secure maximum compensation for accident-related injuries. United Citizen Law proudly serves the Sacramento area with determined, expert personal injury litigation. Our attorneys stand up to insurance companies and fight for every settlement dollar, while you focus on returning to full health. 

To start your accident recovery journey with a free consultation, call us at (916) 800-8457 or tell us about your case on our website.

What is Uninsured Motorist Coverage?

In cases where the at-fault driver is insured, their insurance provider is responsible for the cost of damages. This is how most car accident cases are resolved, but the absence of insurance complicates coverage matters. Insurance companies are required to offer California drivers Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage in their policies. To reject this coverage, drivers must first sign a written waiver—the policy offering is mandatory, but the purchase is not. If you’re unsure whether you have UM and UIM coverage, contact your insurance provider for details. 

When a driver is injured in a car accident caused by an uninsured motorist in California, their UM coverage provides a path to compensation. UM-covered drivers can recover damages from their own insurance company when the at-fault driver lacks insurance. While this may seem counterintuitive, pursuing compensation from your own insurer is standard procedure in such cases. Insurance providers have a legal obligation to policyholders with UM coverage, and a personal injury lawyer can assist in negotiating a fair settlement.

Will My Insurance Provider Raise My Rates For Using UM or UIM Coverage?

Pursuing accident compensation from your own insurer can place accident victims in an awkward position. However, your provider is obligated to honor your UM or UIM coverage when applicable. If you’re concerned about future financial repercussions for using UM coverage, the reality should ease your worries. As long as you are not at fault for the accident, your insurance provider should not raise your rates after compensating you for a collision involving an uninsured driver. 

California legislation includes protections for drivers against rate hikes after using UM coverage to recover from an accident. California Insurance Code § 1861.05 prohibits insurers from increasing premiums after an insured driver exercises UM or UIM coverage, provided the driver was not at fault. This law prevents unfair financial penalties for insured drivers who are simply seeking recovery through the only available avenue.

Uninsured Versus Underinsured Motorist Coverage

While many focus on accidents caused by uninsured drivers, fewer consider the importance of Underinsured Motorist (UIM) coverage. This type of coverage allows accident victims to receive compensation from their insurer when the at-fault driver’s policy does not fully cover the cost of damages. California law treats UM and UIM coverage similarly, protecting insured drivers from financial penalties when exercising their coverage. 

You can never know when you’ll need UM or UIM coverage, which makes both indispensable features of any insurance policy. UIM is often necessary after more serious accidents that exceed policy limits. If you’re unsure whether you opted out of UM and UIM coverage, contact your provider to review your policy details.

How to Negotiate With Your Own Insurance Provider

While insurance providers are required to offer UM and UIM coverage with every policy, they may still attempt to minimize their financial liability when the coverage is exercised. This is standard behavior for insurance companies, and you can—and should—push back. As awkward as it may seem, negotiating for maximum compensation with your own provider is common in UM and UIM cases. Regardless of how the case unfolds, your rates will not be impacted as long as you are not found at fault for the accident. 

A personal injury law firm is your strongest ally when negotiating with any insurance company, including your own. Their expertise helps you avoid lowball settlement offers, collect evidence to support your claim, and maximize your potential recovery. If you’ve been injured due to someone else’s negligence in Sacramento, you need a personal injury attorney who prioritizes your best interests. At United Citizen Law, our legal team understands how to compel insurance companies to provide fair payouts to victims. We are known for building strong UM and UIM cases that help clients get back on their feet after an unexpected accident. 

To learn more about your case’s financial potential, call us at (916) 800-8457 or share your case with us online.

Article written by Carl Roth