What Happens If the Person at Fault in an Accident Has No Insurance in California?

California common law obligates the driver who causes an accident to bear the medical and property damage costs through insurance or personal disbursement. If the at-fault side is uninsured, the victim can obtain a court judgment to collect payment via the driver's personal assets. In practice, this is easier said than done, as people without insurance tend to have fewer disposable assets. The victim can, however, file a claim with their own insurer if they have Uninsured Motorist (UM) coverage. As California is a pure comparative negligence state, any claim will be in proportion to the other party's level of culpability in the incident. Driving without insurance is classified among California traffic violations and infractions, exposing the uninsured driver to civil penalties, fines, license suspension, vehicle impoundment, and heightened liability in subsequent civil actions.

Is It Illegal To Drive Without Insurance In California?

Yes. California Vehicle Code § 16020 makes it illegal to drive without evidence of financial responsibility, a condition typically satisfied by auto insurance. Section 16028 of the same law mandates drivers to provide proof of insurance upon request by a peace officer.

The state mandates escalating consequences for driving without car insurance as the severity of the offence increases:

• Fines can range from $100 for a first offender to $500 for repeat infractions.
• Local police may impound the vehicle, with the offender bearing towing and storage costs.
• Suspension of driver's license if involved in an accident per Vehicle Code § 16430.
• The driver may have to file an SR-22 form with the state DMV before they can drive again per Vehicle Code § 16430.
• The uninsured driver may sue if injured in an accident, but only for economic damages per California Civil Code § 3333.4, added by Proposition 213.

What Is the Minimum Insurance Requirement in California?

Section 16056 of the California Vehicle Code mandates the following minimum liability insurance coverage for the state:

• For bodily injury or death to a single individual, $30,000
• For total bodily injury or death to multiple individuals in an accident, $60,000
• For property damage, $15,000

The state also obliges insurance companies to offer Uninsured/Underinsured Motorist (UM/UIM) premiums by default, though the customer can reject the coverage. Additionally, a low-cost program is available for eligible drivers to obtain more affordable policies than what most private plans offer.

What To Do After A Car Accident With an Uninsured Driver in California

Redress is typically complicated if the at-fault party is uninsured. To maximize financial compensation, victims should:

Call the Police

Vehicle Code § 20008 requires a report within 24 hours of an accident. Law enforcement will document all the particulars of the incident, including each party's insurance status.

Exchange Information

Vehicle Code 16025 mandates that every party to an accident exchange names, addresses, driver's license numbers, vehicle registration numbers, and insurance IDs with one another. Where the responsible driver cannot provide proof of insurance, the no-fault party and on-scene officer must document the lack of financial responsibility.

Report to the DMV

After an accident involving an injury or damage above $1,000, an SR-1 report must be filed with the DMV within 10 days of the occurrence, regardless of fault or insurance status (Vehicle Code § 16000).

Contact the Insurance Company

The victim may file with their insurance provider for UM Bodily Injury, UM Property Damage, or both. Assuming UM coverage is active per Cal. Ins. Code § 11580.2, these can help with medical bills, lost wages, and vehicle repair costs.

Commence Legal Action

The victim may sue the at-fault driver in civil court for compensation above what their policy can cover. This action must commence within two years post-accident for a personal injury lawsuit and three years for a property damage claim.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

California's tort system holds any person who causes an accident responsible for the economic costs regardless of the victim's insurance status. Thus, at-fault drivers remain liable for property damage, lost wages, medical costs, and other tangible losses.

The uninsured party, while being able to claim tangible damages, will be fined by the DMV for driving without insurance and may face higher penalties, including impoundment per Vehicle Code § 16029 In addition, the "No Pay, No Play" law (Civil Code § 3333.4) bars an uninsured party from claiming non-economic damages, except from a DUI convict.

Can I Sue an Uninsured Driver in California?

Yes. An at-fault party's lack of insurance does not clear them from being sued for negligence per Civil Code § 3281-3283.

An individual can sue the uninsured driver in small claims court for up to $12,500 in damages, with higher figures handled by the Superior Court. Judgment is renewable every 10 years and can be enforced in various ways, including bank levies, property liens, and wage garnishments.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in California?

Yes, with the correct coverage. For car accidents involving uninsured drivers, the victim's UM and UIM coverage come into play (Insurance Code § 11580.2(b)) unless previously canceled in writing per Insurance Code § 11580.2(a)(2).

Collision coverage is accessible for vehicle repairs and UM Property Damage up to $3,500 if the driver responsible is known. Optional schemes like MedPay provide extra cover for medical and other related expenses.

What Is Uninsured Motorist Coverage in California?

Uninsured Motorist (UM) coverage describes a kind of auto insurance that protects the individual who suffers bodily or property damage from an uninsured or hit-and-run driver. California adopts an opt-in system for UM where insurance providers are mandated to offer it by default unless explicitly waived in writing by the individual (Insurance Code § 11580.2).

UM coverage in California is split into two: Uninsured Motorist Bodily Injury (UMBI) covers crash-related lost wages, medical expenses, and mental and emotional distress, and Uninsured Motorist Property Damage (UMBI) covers vehicular repairs up to a $3,500 limit.

What If I Don't Have Uninsured Motorist Coverage in California?

In a scenario where the victim and the responsible driver are both uninsured, the wronged party has limited avenues of redress.

Filing a Personal Injury Lawsuit

When the other party refuses to compensate voluntarily, the uninsured victim's main recourse is a personal injury lawsuit. As stated earlier, California Proposition 213 bans uninsured drivers from making non-economic claims except against DUI-convicted drivers. However, the wrongful party remains liable for tangible economic damages.

The California Victim Compensation Program

A victim of a car-related felony, such as hit-and-run or reckless driving, may apply to CalVCP for assistance, but only upon the felony conviction of the responsible driver.

Appealing to the DMV for Licence Suspension

Where the responsible driver fails to compensate 30 days after a court judgment, the victim may ask the California Department of Motor Vehicles (DMV) for license suspension by submitting a Certification of Facts – Unsatisfied Judgment (Form DL 30).

How Do I Get Compensation from an Uninsured Driver in California?

The easiest route to compensation for an accident victim where the other party lacks insurance is the victim's own insurance policy. Provided UM coverage exists per Insurance Code § 11580.2, the victim can claim damages through their policy provider.

Alternatively, the individual may demand and reach a settlement with the party at fault, with or without a legal process. This process may or may not involve an attorney (Civil Procedure Code § 998).

If that option fails, the victim can sue the at-fault driver without an attorney for up to $12,500 in small claims court. Otherwise, the dispute goes to the superior court. Once the defendant is served with a copy of the complaints and summons and responds, both parties can enter discovery, where they exchange interrogatories, depositions, and documents, per the Civil Discovery Act.

After a favorable judgment, the victim may enforce their lawful claim through judgment debtor examination (CCP § 708.110), wage garnishment (CCP § 706.010), bank levy (CCP § 700.140), or property lien (CCP § 697.310). A request for license suspension can also be made to the DMV if the judgment is not satisfied within 30 days per Vehicle Code § 16370.

How Much Can You Recover From an Uninsured At-Fault Driver in California?

California law places no limits on compensation under Civil Code § 3281, but the reality is usually more nuanced. Most uninsured drivers have insufficient financial resources to adequately compensate an accident victim, making them "judgment-proof".

Theoretically, the victim may claim up to $12,500 in damages at small claims court under Code of Civil Procedure § 116.221 and a higher figure at superior court with a 10% p.a. post-judgement interest rate, per CCP § 685.010. Regardless of the claim amount, the ability to enforce judgment will vary according to the economic circumstances of the at-fault party.

How To Find Out If the At-Fault Driver Has Insurance in California

California Vehicle Code § 20012 makes the official crash report available to everyone involved in the accident, including their attorneys, insurers, or others deemed to have a proper interest per Vehicle Code 16005. The victim may request the report from the DMV to determine the insurance status of the at-fault driver.

Where litigation ensues, the claimant will typically gain access to the other party's information, including their insurance status and details, as part of discovery. This may yield unexpected information, such as multiple insurance covers or another liable party.

Are Accidents Public Record in California?

Per Vehicle Code § 20012, accident records, including police and DMV records, are protected documents. They are restricted from the general public and are only available to those directly connected to the incident.

However, once a collision case enters the court system, all related complaints, motions, evidence, and judgments become public records. Access is available to anyone under California Rules of Court 2.550 (b) unless the requested record has been sealed by a judge or is deemed confidential by statute.

Can You Go to Jail for Causing an Accident Without Insurance in California?

No. Driving without insurance in California is considered an infraction under Vehicle Code § 16029, making jail time a rarity. The typical punishment involves fines and administrative penalties, like vehicle impoundment and license suspension. However, using a fake insurance card is considered fraud per Vehicle Code § 4463 and may result in a misdemeanor or felony charge with potential jail time of up to three years.

Can You Settle With an Uninsured Driver Out of Court in California?

Yes. In California, as elsewhere, the law encourages the parties to a dispute to settle out of court if an amicable agreement can be reached. A claim typically resolves faster if an uninsured at-fault driver is amenable to a private settlement. This may provide the victim with quicker access to funds for recuperation and repairs. California's contract law regards a settlement, once formally written, signed, and filed, as a binding contract.

Can I Get Compensation If I Was Partially at Fault?

Yes. California courts run a comparative negligence system when judging cases. An individual's liability is directly proportionate to their degree of negligence. As codified in Civil Code § 1714, a victim may claim damages to the extent to which the responsible driver is at fault. Even if the defendant can prove the claimant has 99% fault, the claimant is due 1% of damages, and so on. This system promotes a fair distribution of punishment and recompense among all the parties in a crash.