# What if the driver who hit me has no insurance? Canonical: https://californiapersonalinjurylaws.com/guides/uninsured-driver/ Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied. ## Short answer Your own uninsured motorist coverage may help. This is coverage for some harm caused by a driver with no insurance. You must have the coverage and meet its rules. ## Hypothetical example A driver who has this coverage gets hit by an uninsured driver. They report the crash to their own insurer. ## How the rule works This type of claim is often made to your own insurer. You still need to show that the other driver was at fault and that the policy applies. Coverage does not remove the need for proof. ## Three coverages, different jobs 1. **Liability**: May pay for harm you cause to other people. 2. **Uninsured motorist**: May help when the at-fault driver has no insurance. 3. **Underinsured motorist**: May help when the at-fault driver has too little. Read the actual policy. These labels explain different purposes, not a promise of coverage. ## Start with your own coverage Look for uninsured motorist bodily injury coverage, often called UM. It is different from liability coverage. Liability usually pays for harm you cause to others. UM may help with harm caused by an uninsured driver. Do not rely on the words “full coverage.” Read the coverage list and the policy. Check who is insured, which event is covered, the limits, and any steps needed to make a claim. If you are unsure what your policy covers, read [what liability-only coverage means](https://californiapersonalinjurylaws.com/guides/liability-only-injury-coverage/). Policy limits are a separate question. See [California’s standard insurance minimums](https://californiapersonalinjurylaws.com/guides/california-auto-insurance-minimums/). Sources: [Insurance Code § 11580.2 — Uninsured motorist coverage](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS§ionNum=11580.2.); [California Department of Insurance — Automobile insurance guide](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/auto101.cfm) ## Coverage and fault are separate questions Your own insurer may still ask for proof of fault, injury, and loss. Save photos, witness details, and care records. A policy does not turn every crash into an automatic payment. A dispute about who is covered can differ from a dispute about fault or the amount of harm. Bouton explains that distinction. Ask which issue is in dispute before choosing the next step. Keep the facts in one place with [the evidence checklist](https://californiapersonalinjurylaws.com/guides/save-evidence/). When the driver cannot be found, check [hit-and-run coverage rules](https://californiapersonalinjurylaws.com/guides/hit-and-run-coverage/). Sources: [Insurance Code § 11580.2 — Uninsured motorist coverage](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS§ionNum=11580.2.); [Bouton v. USAA Casualty Ins. Co. (2008) 43 Cal.4th 1190](https://scocal.stanford.edu/opinion/bouton-v-usaa-casualty-ins-co-33165/) ## What can change the answer Payment is not automatic. Notice, proof, policy limits, and time limits matter. Other parties may also share fault. ## A useful next step Check your policy and coverage summary. Tell your insurer about the crash. Ask what steps are due and when. ## Is uninsured motorist coverage required in California? Insurers must offer the coverage under state law. A named insured can reject it in a signed writing that meets the law’s rules. Check the policy and any rejection form. Do not assume it was included. ## What if the other driver had a small policy? That may be an underinsured motorist issue rather than an uninsured one. The rules and steps are not all the same. Check your own policy before signing a release. ## Court decisions behind this answer ### Bouton v. USAA Casualty Ins. Co. (2008) 43 Cal.4th 1190, pp. 1193–1202. Some coverage questions belong in court. They differ from the fault and money issues a policy sends to arbitration. Limit: This does not prove that a given person is covered. The policy, law, and kind of dispute matter. Source: https://scocal.stanford.edu/opinion/bouton-v-usaa-casualty-ins-co-33165/ ## Sources - [Insurance Code § 11580.2 — Uninsured motorist coverage](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS§ionNum=11580.2.) - [California Department of Insurance — Automobile insurance guide](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/auto101.cfm) - [Bouton v. USAA Casualty Ins. Co. (2008) 43 Cal.4th 1190](https://scocal.stanford.edu/opinion/bouton-v-usaa-casualty-ins-co-33165/) - [Hartford Fire Ins. Co. v. Macri (1992) 4 Cal.4th 318](https://law.justia.com/cases/california/supreme-court/4th/4/318.html) General information, not legal advice.