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What if the driver who hit me does not have insurance?

On Behalf of | Feb 3, 2025 | Auto-Pedestrian Accidents |

You did everything a reasonable pedestrian would have done. You crossed the street safely, yet you still found yourself the victim of a careless driver, only to discover they did not have insurance.

This scenario can feel deeply unfair, leaving you alone to deal with the physical, emotional, and financial consequences. But do not lose hope, as you can pursue other legal avenues to get the compensation and justice you deserve.

All drivers must carry auto insurance

In California, drivers must have minimum liability coverage. These include:

  • $15,000 limit for bodily injury coverage per person involved in an accident
  • $30,000 of coverage for total bodily injuries per accident (when multiple people are injured)
  • $5,000 of coverage for property damage

This mandatory minimum coverage is often referred to as “15/30/5” insurance. While this is the legal minimum, many drivers purchase higher coverage levels for better protection.

Despite this requirement, some drivers may operate vehicles without insurance, putting themselves and others at risk.

Pursuing other legal tools to get your much-needed compensation

If an uninsured driver hits you and leaves you injured, you may face significant challenges in seeking compensation. You are not without options:

  • Your own insurance: Paying for your injuries and damages is possible through this as long as you have uninsured motorist coverage.
  • The driver’s personal assets: You can sue the at-fault driver directly, but this may not be fruitful if they lack significant assets.
  • California Victim Compensation Program: This state fund can assist with medical expenses and lost income for eligible victims.
  • Your health insurance: Your policy may cover some medical costs, though you will likely face out-of-pocket expenses.

It is crucial to note that California operates on a pure comparative negligence system. You can still receive compensation, even if the court finds you partially at fault. However, your level of fault will determine a reduction in the compensation amount.

Remember, time is of the essence in these cases, so do not delay in taking legal action. By understanding your rights and seeking proper legal guidance, you can take steps toward recovery and justice.