The at-fault driver has no insurance. Can you still receive compensation?
04/02/2026 We continue our series on civil law in California. Let’s look at a situation many drivers face after an accident. After a crash, it turns out the at-fault driver has no insurance. At that point, many people give up and take no action. And lose money. ⚖️ How the law regulates this In California, there is a mechanism called uninsured motorist coverage. Legal basis: California Insurance Code § 11580.2 If the at-fault driver has no insurance, you may recover compensation through your own insurance policy-if this coverage is included. Insurance companies are required to offer this coverage when issuing a policy. It can only be declined in writing. 💰 What is actually compensated Compensation is based on the injury and its consequences. If a person is injured, it may include: • medical expenses • lost income due to inability to work • physical pain and limitations in daily life All these factors are evaluated together. The more serious the injury, the higher the potential compensation. 🔍 What an attorney does In these cases, it’s not just about filing a claim-it’s about building the right strategy. An attorney: • reviews the insurance policy and coverage limits • handles communication with the insurance company • oversees the medical aspect of the case • documents the impact of the injury Additionally, they check: • whether the vehicle was used for work purposes • whether employer liability may apply • whether other sources of coverage exist These details often affect the final outcome. ⚠️ Important nuance Your own insurance company is not necessarily on your side. Even when filing under your own policy, they may: • undervalue your claim • dispute the necessity of treatment • delay the process If no agreement is reached, the dispute is resolved through arbitration. ⏱️ Deadlines Timing is critical. Within two years, you must: • file a lawsuit or • reach a settlement or • initiate arbitration Missing these deadlines may result in losing your right to compensation. 🚨 If the driver fled (hit-and-run) These cases may also fall under uninsured motorist coverage. But certain conditions must be met: • there must be physical contact between vehicles • if there was no collision, coverage may be denied • you must report the incident to police within 24 hours • you must notify your insurance company 📌 Conclusion The absence of insurance does not mean compensation is impossible. The outcome depends on your policy, the severity of injuries, and how the case is handled. Details matter. ⸻ This information is for general purposes only and does not constitute legal advice.