Getting hit by a driver who has no insurance is stressful. You might wonder whether it makes sense to pursue legal action when the person who caused the accident might have little or no money to pay. The answer depends on your specific situation, but in many cases yes there are paths to recover compensation.
Your Options for Recovery
- Uninsured Motorist Coverage (Your Own Policy)
If you have Uninsured Motorist coverage that is often your first and best option. UM helps cover your medical bills, lost wages, repair costs, and sometimes compensation for pain and suffering when the at fault driver has no insurance. - Suing the Uninsured Driver Directly
You can file a personal injury lawsuit against the at fault driver. If successful you can recover damages for medical expenses, vehicle damage, lost income, pain and suffering, and more. - Collecting the Judgment
Even after winning a lawsuit collecting the money is another challenge. If the driver is judgment proof meaning they have no assets or income that can satisfy the judgment recovering payment may not be possible without further legal steps like liens, wage garnishment, or asset seizure.
Legal and Practical Considerations
- Statute of Limitations
In California you generally have two years from the date of the accident to file a personal injury lawsuit. If you miss that deadline you may lose the right to sue. - Proposition 213
If the injured person was uninsured at the time of the crash California’s Prop 213 may limit what damages they can recover especially non economic damages like pain and suffering. - Comparative Fault
California allows you to recover damages even if you were partly at fault. Your damages are reduced by your percentage of fault so even with partial fault you still might recover something.
When It Might Not Be Worth It
It might not pay to sue if the uninsured driver has very little or no assets or income. Winning a lawsuit does little if the person can’t pay. The costs of litigation such as lawyer fees, court costs, and time may outweigh what you could realistically recover. There can also be a high risk of delay or complicated discovery.
How an Attorney Helps
An attorney can evaluate whether the uninsured driver has assets you might collect against. They can ensure your Uninsured Motorist claim is properly handled and that you meet all policy requirements and deadlines. They will gather medical records, repair estimates, police reports, and witness statements. They will calculate what your case is worth so you don’t undervalue your claim and represent you in court or negotiations to try to recover everything you deserve.
Hillstone Law can guide you through these decisions and work to secure the best possible outcome even when the at fault driver is uninsured.
Note: The content published on the Hillstone Law blog is prepared for informational and educational purposes using a variety of research resources and publicly available information. We make reasonable efforts to provide helpful, relevant, and current information; however, laws, regulations, facts, and other details may change over time or vary depending on the circumstances. If you believe any portion of a post contains inaccurate or misleading information, or raises a copyright concern, please contact Hillstone Law so we can review the matter and make any appropriate corrections or updates.
Disclaimer: The material provided in these blogs is for general informational purposes only and should not be considered legal advice. Reading these posts does not create, and is not intended to create, an attorney-client relationship with Hillstone Law. Our intent is to share knowledge, raise awareness, and provide helpful resources to the public; however, Hillstone Law makes no warranties or guarantees about the accuracy, completeness, or reliability of the information provided, and expressly disclaims liability for any actions taken in reliance on it. The photos used in these posts are for illustrative purposes only and do not depict actual clients, individuals, or incidents unless expressly stated. If you or a loved one has been injured in an accident, please contact Hillstone Law at (855) 691-1691. Our attorneys are available to answer your legal questions and help you understand your rights.
