5 Key Things to Do After an Accident With an Uninsured Driver

Updated 7/2025

Only 12 states operate with a no-fault-based auto insurance system, and California is not one of them. Instead, it has a fault-based system. 

In a fault-based system, the person who caused the car accident is responsible for paying the damages caused. Therefore, if someone causes an accident, you should recover compensation from that person.

This system works well until you encounter a collision with an uninsured driver. So, what should you do if an uninsured driver hits you?

Here is a guide explaining five vital things to do after encountering an accident with an uninsured motorist. 

1. Call the Police  

After a car accident, the first thing you should do is call the police. While you can experience many types of car accidents, you should report them all. The best way to report them is by contacting the police. Calling 911 serves several purposes:

• Documents the accident
• Records vital information
• Promotes road safety
• Assists with medical treatment

When the police arrive, they’ll ask each driver for their driver’s license and proof of insurance. When the other driver can’t produce proof of insurance, you’ll know that settling this accident will likely involve more challenges. After all, having minimum liability insurance is a legal requirement in California.

2. Gather Information and Evidence

The second step is to gather information and evidence about the accident. This step is especially important when you collide with an uninsured driver. 

As mentioned, California is one of the at-fault states in auto accidents. States with an at-fault system require the at-fault driver to pay for property damage and bodily injury. 

When the police assess the accident scene, they can generally figure out who is at fault. If not, you’ll need a skilled lawyer to analyze the situation to prove the uninsured motorist caused it. 

On the other hand, no-fault states require each driver to file a claim with their own insurance carrier. You can learn more about how auto insurance companies determine fault by reading this article. 

If you collide with an uninsured driver in a no-fault state, you won’t have to worry about fighting for compensation. You’ll simply use your own policy to receive it. 

The police will discover that the driver who hit you didn’t have auto insurance. At that point, they will likely write a violation to that driver, as this is against the law. They will tell you how they’ll handle this issue. 

While the police will gather most of the details, you exchange contact details and insurance information, if any, with the other party. If you can, take photos of the other driver’s license plate, damage to your vehicle, and visible injuries. 

3. Seek Medical Help

When you are in a car accident, whether the other driver has auto insurance or not, you should seek medical help. Some injuries are more severe than others, and some don’t appear immediately. 

Seeking medical attention after an accident serves two main purposes. First, it provides evidence that your injuries occurred from the collision. Secondly, it offers the medical assistance you need to help with your injuries.

If the uninsured driver caused the accident, they would be responsible for paying your medical expenses. Therefore, you must seek medical help to ensure you can seek maximum compensation from that person. 

4. Contact a Lawyer

When looking for a lawyer, choose one with experience and an excellent reputation. If you’re interested, look up reviews and testimonials to learn more about a lawyer’s experience and reputation. 

Your car accident lawyer will review the evidence and facts to determine the best course of action for you to take. Your lawyer will research the at-fault driver’s record to determine if this person has a history of driving violations.

When your lawyer will read the police report as they research your case. It should state who is at fault. If it lists the uninsured driver, you’ll have fewer challenges as you seek to collect compensation for your damages. 

If you want great results in a case like this, you can’t choose just any lawyer. You need one who knows this particular type of case, and the best way to find one is to look for one with experience settling an uninsured motorist claim.

5. File a Claim or a Lawsuit

You have several types of recourse for settling your case, and you might want to use both. Your lawyer will help you decide. 

The first option is to file an uninsured motorist claim with your insurance provider. If you carry uninsured motorist coverage, your insurance company must pay the damages. This protects drivers when uninsured or underinsured drivers cause accidents, and you should always carry uninsured motorist coverage for your protection. Your insurance premiums will not go up if you file this type of claim.

The downside with these coverage types is that they have limits. You can read through your policy to see these. The limits allow you to receive up to a certain amount of money. However, the coverage might not be sufficient if you have major injuries, such as traumatic brain trauma or spinal injuries. In this case, you can move on to the next step. 

The second course of action you can take is to file a lawsuit against the at-fault driver if you only carry liability insurance. If this person drove without insurance, they broke the law. The state might pursue criminal charges against the person for this action.

You can sue for the damages, though, as you shouldn’t have to use your own insurance policy for an accident they caused. If you win the case, the uninsured driver must pay you the damages. 

As a result, the uninsured driver might lose cash in the bank, home, or other assets. They will be responsible for paying this money. A great car accident attorney can help you file your case and seek compensation for all your damages. 

Why You Need to Carry Uninsured Motorist Coverage

There are an estimated 1 in 8 uninsured drivers in the U.S. If you are injured in an automobile accident with an uninsured driver, you may need to use your uninsured motorist coverage under your auto insurance policy. 

By adding this additional policy to your insurance, you’ll be happy you did if the day comes that you need it. This coverage can help pay for your medical bills, lost wages, and other related expenses caused by uninsured drivers. 

• Underinsured Motorist Coverage (UIM): This would be used when the at-fault driver has auto insurance but doesn’t carry a policy that is large enough to cover your damages and injuries.
• Uninsured Motorist Coverage (UM): This would be used if the at-fault driver doesn’t have auto insurance (it’s illegal in California) or it is a hit-and-run accident. 

California law requires that all drivers carry the minimum amount of liability insurance in the event they injure someone else. The minimum liability coverage in California is 30/60/15.

Don’t Accept a Cash Payment From an Uninsured Driver

If you are suddenly rear-ended or side-swiped and you find out the other driver doesn’t have auto insurance, it can be tempting to accept cash or a check and call it a day. 

When you have just been hit, you’ll be stressed out, and your body might go into shock, which can lead you to believe you are not injured. 

At this point, you won’t know if you are injured or how bad the injuries are until you seek medical help, not to mention the damage to your vehicle. Even if you might be tempted to take $1,000 in cash, it is not advisable. 

Can You Sue an Uninsured Driver?

While you can sue an uninsured or underinsured driver after a collision, it’s important to note that these drivers often lack the financial resources and substantial assets to cover your damages, making the process challenging. Suing an uninsured driver can be worthwhile if it helps cover your medical bills and vehicle repairs.

Don’t try to navigate this complex process alone. When you hire DK Law, you won’t owe anything unless we win your case and secure compensation. 

Hit By an Uninsured Driver? Contact the Best Lawyer for Help

Car accidents happen every day, but dealing with an accident caused by an uninsured driver is a lot more challenging. You shouldn’t face this event alone, as navigating the process might be difficult. 

Instead, contact DK Law for a free consultation. Our California law firm can assist you with your car accident and help you receive the compensation you’re entitled to in your case.