Many people assume that if another driver causes a crash, that driver’s insurance pays for everything. In California, that is not always true for a person who was driving without insurance. The law limits what an uninsured driver can recover, even when the other driver was completely at fault. This article explains the rule, the exceptions, and what it means for you.
The rule for uninsured drivers
A California law approved by voters in 1996 limits the damages an uninsured driver can recover after a crash. In general, a driver who had no insurance at the time cannot recover damages for pain and suffering (called non-economic damages). They can still recover economic losses, such as medical bills and lost pay. For many injured people, pain and suffering is the largest part of a claim, so the rule can reduce a case a lot.
Exceptions exist
The rule has exceptions. One of the best known applies when the at-fault driver is convicted of driving under the influence of alcohol or drugs for that crash. Other facts, such as who owned the car and who was driving, can also matter. Because the rule and its exceptions depend on the facts, it is worth a call before you assume the worst.
Passengers are different
The limit applies to the uninsured driver, not to passengers. A passenger in an uninsured car who is hurt by another driver’s carelessness can usually make a full claim.
California raised its minimum insurance
In 2025, California raised the minimum amount of liability insurance every driver must carry, for the first time in decades. Higher minimums mean more coverage for people hurt by at-fault drivers, but the minimums are still low compared with the cost of a serious injury. That is why your own coverage, including uninsured and underinsured motorist coverage, matters so much.
If an uninsured driver hit you
This is a different situation. If you had insurance and the other driver did not, your own uninsured motorist coverage can pay for your injuries. We make that claim for you. Your own insurer is not on your side in that claim, so treat it with the same care as any other.
What to do
- Get medical care and keep every bill and record.
- Don’t give a recorded statement to any insurer, including your own, before you get advice.
- Check your policy for uninsured and underinsured motorist coverage, and keep it. It protects you and your family.
- Call a lawyer before you decide your case is worth less. The rules have exceptions.
We handle car accident claims across California, including in Los Angeles, Orange County and San Diego.
