If an uninsured or underinsured driver injures you in San Diego, you can usually claim against the uninsured motorist coverage in your own auto policy, which California insurers must include unless you waived it in writing. Within two years of the crash you must sue, settle with your insurer, or demand arbitration (Insurance Code section 11580.2).
Getting into a car accident can be incredibly stressful. Things can get even worse when the other driver isn’t insured. This can make it very difficult to get the money you need to get better. Our attorney can help you pursue compensation from the person who is responsible for your injuries. We know how these complex cases need to be handled and will pursue the compensation the law allows. Call San Diego uninsured motorist accident attorney at Injury Trial Lawyers today to schedule your free case assessment.
Drivers in San Diego Must Carry Insurance
California law requires that all drivers purchase car insurance before hitting the road. However, any insurance policy will not do. Drivers have to make sure that they buy the minimum coverage permitted by law. Today, minimum insurance coverage for policies issued or renewed on or after January 1, 2025 (Vehicle Code section 16056) includes:
- $30,000 for death or injury of one person
- $60,000 for death or injury of more than one person in one accident, and
- $15,000 for property damage.
These are the most a minimum-limits policy will pay after an accident. Drivers are encouraged to purchase an insurance policy with even greater coverage.
Uninsured and Underinsured Drivers in San Diego
Not all drivers satisfy these car insurance requirements. Some drivers carry no insurance at all, and many others carry only the legal minimum, which a serious injury can quickly exceed. Car insurance policies exist to cover the cost of injuries and damage after an accident. Things can get very complicated when drivers are uninsured or underinsured.
- Uninsured Drivers: Uninsured drivers have no car insurance coverage, at all.
- Underinsured Drivers: Underinsured drivers have some car insurance coverage. However, their liability limits are lower than the uninsured motorist limits on your own policy (Ins. Code § 11580.2(p)(2)).
When are you involved in an accident with an uninsured or underinsured driver, you will have a few different legal options.
Uninsured Motorist Coverage
The state expects that some drivers will comply with car insurance requirements. As a result, it requires car insurance companies to offer what is known as “uninsured motorist coverage.” This is a special insurance policy that protects you if you’re in an accident with a driver who doesn’t have insurance.
You are highly encouraged to purchase this additional coverage. You do have the right to opt-out. However, you must explicitly state that you do not want coverage and sign a legal waiver. Think of it as a special layer of protection in the event of a crash. If the other driver isn’t insured or is underinsured, your uninsured motorist coverage will kick in. Uninsured motorist coverage even protects you if you aren’t driving. It can be used if you are injured while riding a bicycle or walking.
How Do I Use My Uninsured Motorist Coverage?
Uninsured motorist coverage kicks in when you are in an accident with a driver who is underinsured or uninsured. Notify your insurer promptly and follow the claim steps in your policy. If the other driver fled and cannot be identified, extra rules apply, including a police report within 24 hours and a sworn statement to your insurer within 30 days; see our guide to hit-and-run claims. The amount of money you can get from your policy will depend on (a) the extent of your injuries and (b) the other driver’s coverage.
If the other driver is uninsured, you can usually recover whatever your standard liability protection offers. You’ll have to consult the terms of your car insurance policy to find out what this is. If you bought only the minimum uninsured motorist coverage, bodily injury limits are generally $30,000 per person and $60,000 per accident under policies issued or renewed since January 1, 2025.
- Example: You are involved in a car accident with A. A is uninsured. You suffer $10,000 in damages. You submit a claim with your car insurance company to recover benefits from your uninsured motorist policy. Your policy should cover the entire $10,000. (Keep in mind your specific case may be different when deductibles are involved.)
If the other driver is underinsured, things can get more complicated. You will typically be able to get whatever their policy recovers. Your uninsured motorist policy will then make up the difference in what you are owed.
- Example: You suffer $150,000 in damages in a crash caused by B. B’s insurer pays B’s full $30,000 limit. If your underinsured motorist limit is $100,000, your own policy can pay up to $70,000, which is your limit minus what B’s insurer paid.
Your insurance company will investigate your accident and assess the value of your claim. They want to minimize any insurance benefits that you receive. As a result, they will try to downplay the extent of your accident and injuries. If you disagree with an insurance company’s assessment, you have the right to contest it. Our attorney can help you do this through a process called arbitration. Arbitration allows us to settle your dispute with the insurance company privately, without the involvement of court.
Underinsured Motorist Claims: When Your Coverage Starts
Underinsured motorist coverage is sold together with uninsured motorist coverage in California, and three rules in Insurance Code section 11580.2(p) decide what it pays:
- Who counts: the at-fault driver is underinsured when their liability limits are lower than your uninsured motorist limits.
- Exhaustion first: your coverage does not apply until the liability policies of the vehicles that caused the injury have been paid out through judgments or settlements, and you give your insurer proof of that payment.
- Offset: the most your insurer pays is your underinsured limit minus what you received from the people legally responsible.
If you sue the underinsured driver, a copy of the complaint must go to your own insurer by personal service or certified mail (§ 11580.2(p)(6)). Limits from two or more vehicles or policies cannot be stacked together (§ 11580.2(q)).
Collecting From an Uninsured Driver Personally
You can also sue the uninsured driver directly. A judgment is only as good as the driver’s ability to pay, so wages and property matter: a driver with steady income or assets may be able to pay over time, while many uninsured drivers cannot. If your insurer pays your uninsured motorist claim, it takes over your rights against the driver to the extent of that payment and has three years from the payment date to sue (§ 11580.2(g)).
If you were the one driving without insurance, a different rule applies: you generally cannot recover pain-and-suffering damages, even from an at-fault driver who was insured, unless that driver was convicted of DUI (Civil Code section 3333.4). Our page on Proposition 213 explains that rule.
Filing Personal Injury Lawsuit for Damages
If you do not have uninsured motorist coverage you can always file a personal injury lawsuit. You can file a lawsuit against anyone else who may be to blame. This is often important in uninsured motorist cases. Why? If the driver didn’t have insurance, they may not have the ability to pay damages in a personal injury case. Even if you obtain a judgment, you may not be able to physically recover the money you are owed. Finding others who may be liable can help you pursue compensation for your losses.
Our attorney will thoroughly investigate your accident to determine who may be at fault. This may include the other driver, their employer, other motorists, car manufacturers, or the government. We will pursue compensation from anyone who contributed to your accident and injury.
Pursuing Compensation for Your Losses
Car accidents can cause a lot of damage. You may suffer from a painful physical injury. Serious accidents can also inflict severe emotional trauma. As a result, you may have difficulty getting up and going to work. This can really amplify the financial stress you experience after your accident. Our attorney is here to help you pursue compensation for your losses.
We will pursue all damages you suffer, including:
- Medical expenses
- Lost wages
- Disability
- Property damage
- Emotional distress
- Chronic pain
- Embarrassment
- Disfigurement, and
- Loss of enjoyment of life.
A thorough investigation will allow us to determine the full extent of your injuries. We will work with expert witnesses to make sure that your claim is valued properly. Call our San Diego uninsured motorist accident attorney today to learn more.
Need More Help?
Have you been involved in a car accident with an uninsured driver? Call our San Diego car accident attorney for help. We handle complex car accident matters. We know how to protect your rights and pursue compensation for your losses. You only have a limited amount of time to act. Contact our San Diego uninsured motorist accident attorney today to schedule your free case assessment.
Uninsured motorist FAQ
What if the at-fault driver has no insurance?
Uninsured motorist coverage on your own auto policy may pay for your injuries (Cal. Ins. Code § 11580.2). California insurers must offer this coverage, and it can be waived only in writing.
Is there a deadline for an uninsured motorist claim?
Yes. Generally, within two years of the accident you must sue the uninsured driver, reach agreement with your insurer, or formally demand arbitration (Cal. Ins. Code § 11580.2(i)).
What are California’s minimum liability limits?
For policies issued or renewed on or after January 1, 2025, the minimums are $30,000 per person and $60,000 per accident for injury, and $15,000 for property damage.
How long do I have to file a personal injury claim in California?
Generally two years from the date of injury (Cal. Code Civ. Proc. § 335.1). If a government agency may be responsible, a written claim usually must be filed within six months (Cal. Gov. Code § 911.2).
What counts as an underinsured driver?
A driver whose liability limits are lower than your own uninsured motorist limits. Your underinsured coverage applies only after that driver’s policy limits are paid, and it is reduced by what that policy paid (Cal. Ins. Code § 11580.2(p)).