Legal Help When the At-Fault Driver Has No or Too Little Insurance
Californiaās roads include thousands of uninsured or underinsured drivers. When youāre injured in a crash and the at-fault party lacks sufficient coverage or any coverage at all, getting full compensation can be challenging. At Hillstone Law, our experienced attorneys help victims in these cases by pursuing recovery through uninsured motorist (UM) or underinsured motorist (UIM) claims. We offer 24/7 availability, free consultations, and contingency-fee representation, which means you pay nothing unless we win.
Why Uninsured and Underinsured Accidents Are a Big Deal in California
- Roughly 17% of California drivers lack insurance, significantly higher than the national average.
- Other studies suggest the uninsured rate may be closer to 20%, placing California among the worst states in the U.S.
- Estimates indicate that nearly half of all auto accidents in California involve uninsured or underinsured drivers, making UM/UIM coverage critically important.
How Uninsured and Underinsured Motorist Coverage Works
- Uninsured Motorist (UM) coverage applies when the at-fault driver has no auto liability insurance and cannot pay for injuries or damages.
- Underinsured Motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover your total losses.
- California law requires insurers to offer UM/UIM coverage, but drivers must accept or reject it in writing.
- With UM/UIM coverage, your insurance company steps in to pay damages when the at-fault driver cannot.
Common Injuries & Financial Consequences
Crashes caused by uninsured or underinsured drivers often lead to the same injuries as typical collisions, including:
- Whiplash, concussions, and soft tissue injuries
- Herniated discs, spinal injuries, or fractures
- Traumatic brain injury (TBI) or internal organ damage
- Lost wages, long-term rehabilitation, and daily-living disruption
- Pain, psychological suffering, and reduced quality of life
Without UM/UIM coverage, victims often struggle to cover medical bills and lost income.
What Compensation Can You Recover?
Economic Damages
- Medical expenses (emergency care, surgery, rehab)
- Lost wages and future income losses
- Property damage, including vehicle repair or replacement
NonāEconomic Damages
- Pain and suffering
- Emotional distress, PTSD, loss of enjoyment of life
Wrongful Death Damages
- Funeral and burial costs, loss of support, grief compensation
Californiaās pure comparative negligence system allows you to recover damages even if you share some fault, your compensation is simply reduced by your percentage of responsibility.
Legal Options in UM/UIM Claims
- File a UM or UIM claim with your insurer, up to your policy limits.
- File a bodily injury claim against the at-fault driver, if feasible.
- Pursue claims against third parties (such as employers, contractors, or vehicle owners) if their negligence contributed.
UM/UIM claims can be complex, and insurance companies often try to minimize payouts, having skilled legal representation is critical.
Why Choose Hillstone Law
- Extensive experience handling uninsured and underinsured motorist cases in California
- Proven track record with hundreds of millions recovered for clients statewide
- Prompt collection of evidence such as police reports, medical records, and witness statements
- Collaboration with medical experts, economists, and accident reconstructionists to strengthen your claim
- No fees unless we win your case
File Without Delay, Statutes & Insurance Limitations
- Most personal injury and wrongful death claims in California must be filed within two years of the accident.
- UM/UIM claims have strict deadlines for notifying your insurer missing them may limit or void your coverage.
- Early legal involvement ensures your claim is filed correctly and within all required timeframes.
What to Do Immediately After a Crash with an Uninsured or Underinsured Driver
- Seek medical care right away, even if injuries appear minor
- Report the accident to police and request an official report
- Take photos of the scene, vehicle damage, and visible injuries
- Collect information from witnesses and keep copies of all accident-related documents
- Notify your insurer promptly that an uninsured or underinsured driver was involved
- Do not give recorded statements to insurers without speaking to an attorney
- Contact Hillstone Law immediately so we can protect your rights and manage your claim
Uninsured Motorist Snapshot ā California
| Statistic | Detail |
|---|---|
| Uninsured Driver Rate | ~17ā20% of drivers in California |
| Accident Involvement | Nearly 1 in 2 accidents involve an uninsured or underinsured driver |
| Coverage Type | UM for no insurance; UIM for insufficient coverage |
| Recovery Options | UM/UIM claim, lawsuit, or third-party claim |
| Fault Rule in CA | Pure comparative negligence |
| Statute of Limitations | 2 years for personal injury; shorter deadlines possible |
Frequently Asked Questions
What if the other driver fled the scene?
Hit-and-run accidents are treated as uninsured motorist cases, and your UM coverage may apply.
What if I rejected UM/UIM coverage when I got my policy?
Without signed rejection paperwork, your insurer may still have to provide coverage. We can review your policy to verify.
Will my insurance company help me with my claim?
Insurers often try to minimize UM/UIM payouts. Having an attorney ensures your rights are protected and your claim is fully pursued.
Can I sue the uninsured driver directly?
Yes, but many uninsured drivers lack assets to pay judgments. A UM/UIM claim usually offers the best chance of recovery.
Contact Hillstone Law Today
If you were injured in an accident caused by an uninsured or underinsured driver in California, donāt wait. Contact Hillstone Law today for a free, no-obligation consultation. Weāll handle your UM/UIM claim, preserve evidence, and fight for the full compensation you deserve so you can focus on healing.
