Hit by an uninsured or hit-and-run driver in California? How your own coverage can pay

The Insurance Research Council (IRC) estimates that more than 1 in 7 U.S. drivers, 15.4%, were uninsured in 2023. Its earlier estimate was 14.0% in 2022, up from 11.1% in 2019.

Hit-and-run crashes are a related problem. The Governors Highway Safety Association (GHSA) analyzed federal crash data and found that about one in four pedestrian deaths nationwide from 2019 to 2023 happened in hit-and-run crashes. In Los Angeles County, NHTSA crash records show 316 pedestrians were killed in 2024.

Uninsured motorist (UM) coverage pays for your injuries when the at-fault driver has no insurance, or when the driver can’t be identified. Under Insurance Code section 11580.2, California auto liability policies must include UM coverage unless the named insured signs a written agreement to delete it or lower it. If it is lowered rather than deleted, it can’t go below the state’s minimum limits. UM pays for bodily injury, not damage to your car.

Those minimums are $30,000 per person and $60,000 per accident for bodily injury, for policies issued or renewed on or after January 1, 2025 (Vehicle Code section 16056). Many people carry more. Underinsured motorist (UIM) coverage can help when the at-fault driver’s liability limits are lower than your own UM limits. After that driver’s policy limits are paid, UIM pays up to your limit, minus what the at-fault driver’s insurer and anyone else responsible already paid. For example, with $100,000 in UIM and an at-fault driver with a $30,000 policy, UIM could pay up to $70,000 more.

For a claim against an unknown driver, Insurance Code section 11580.2 sets specific conditions:

• Physical contact. The injury must have come from physical contact between the hit-and-run vehicle and you or the vehicle you were in.
• Report within 24 hours. You or someone on your behalf must report the crash within 24 hours to the city police, or to the sheriff or CHP if it happened in an unincorporated area.
• Sworn statement within 30 days. You must file a statement under oath with your insurer within 30 days.

The driver who fled also broke the law. Vehicle Code section 20001 requires any driver in a crash that injures or kills someone to stop immediately, and leaving is punishable by jail or prison time, a fine, or both. See our hit-and-run pedestrian accident page.

Yes, and it works differently from a normal lawsuit. Under Insurance Code section 11580.2(i), within two years of the crash you must do one of the following:

• File a lawsuit against the uninsured driver,
• Reach an agreement with your insurer on the amount owed, or
• Formally start arbitration by notifying your insurer in writing by certified mail, return receipt requested.

Missing this deadline can end the claim, so it’s worth getting legal advice well before the two years are up.

California law limits what an uninsured driver can recover. Under Civil Code section 3333.4, an owner of an uninsured vehicle involved in the crash, or a driver who can’t show financial responsibility, generally can’t recover non-economic damages such as pain and suffering. Medical bills and lost wages may still be recoverable. There are limited exceptions, including when the driver who caused the crash is convicted of driving under the influence.

• Get medical care and call police right away. For a hit-and-run, the 24-hour report is required for coverage.
• Write down everything you remember about the vehicle: color, make, partial plate, direction of travel.
• Look for cameras. Some business and doorbell cameras record over footage after a short time, so ask about video quickly.
• Notify your own insurer promptly, but get legal advice before giving a recorded statement.
• Talk to a lawyer before settling with the at-fault driver or anyone else. Settling without your insurer’s written consent can affect your uninsured motorist coverage (Insurance Code section 11580.2(c)(3)).
• Calendar the two-year deadline from the date of the crash. If a government vehicle or a public road condition was involved, a claim against the public agency is generally due within six months (Government Code section 911.2). A government vehicle doesn’t count as “uninsured” under the UM law.

• Uninsured motorists, February 2025 news release (Insurance Research Council)
• 14 Percent of U.S. Drivers Were Uninsured in 2022 (Insurance Research Council)
• Government Code section 911.2 (California Legislative Information)
• Pedestrian Traffic Fatalities by State: 2024 Preliminary Data (GHSA)
• Insurance Code section 11580.2 (California Legislative Information)
• Vehicle Code section 20001 (California Legislative Information)
• Civil Code section 3333.4 (California Legislative Information)
• Vehicle Code section 16056 (California Legislative Information)
• NHTSA FARS fatal crash data by county, 2019 to 2024 (Probative), CC BY 4.0

If you or someone you love was hurt by a driver who had no insurance or who fled, the car accident lawyers at Wilshire Law Firm can review your coverage and your options in a free case review with a legal professional, available 24/7, with no fees unless you get paid.

This guide is a general overview, not legal advice. Insurance policies differ, and reading this does not create an attorney-client relationship. Contact Wilshire Law Firm to talk through your claim.