What To Do If the At-Fault Driver Has No Insurance?

Imagine getting into a serious car accident, only to find out the at-fault driver has no insurance. The shock, medical bills, and uncertainty are overwhelming, especially if you’re worried about your immigration status. In California, where auto accidents are common, you’d think insurance coverage is guaranteed, but that’s not always true. 

The good news? There are legal protections designed for situations just like this. If you live in or near San Pedro, this guide will help you understand how to protect yourself and your family when an uninsured driver hits you—and how a personal injury lawyer can help you get back on track.

Why So Many California Drivers Are Uninsured—and Why It Matters

According to the Insurance Research Council, 14% of drivers in the U.S. were uninsured as of 2022—about 1 in 7 drivers on the road. Approximately 17% of drivers in California are uninsured, making it even more likely you’ll encounter an uninsured driver.

This means there’s a significant chance the at-fault driver in your car accident may have no insurance to cover your bodily injuries, property damage, or medical bills.

With California’s new 2025 minimum liability requirements of $30,000/$60,000/$15,000 (increased from the previous $15,000/$30,000/$5,000, more drivers may struggle to afford adequate coverage, potentially increasing uninsured rates

California law requires every insurance provider to offer uninsured/underinsured motorist coverage (UM/UIM). However, drivers can reject it by signing a waiver—often to cut costs—leaving themselves and others exposed in a crash.

If the at-fault driver has no insurance, uninsured motorist coverage might be your only protection. Here’s how it compares to other related coverages:

What Are My Legal Rights After an Uninsured Accident?

Even if the driver who hit you doesn’t have liability insurance, you still have legal rights. Our personal injury lawyer in San Pedro has helped clients recover full compensation using strategies like:

• Filing a claim through uninsured/underinsured motorist coverage

• Leveraging your Medical Payments (MedPay) coverage to cover out-of-pocket medical expenses

• Pursuing a personal injury lawsuit directly against the at-fault driver

• Assisting clients regardless of immigration status—your right to recover damages is not affected

A police report, medical records, and witness statements are critical when building your case.

What Should I Do If I’m Hit By an Uninsured Driver?

Here are the steps you should take right after the accident scene:

1. Call 911 and file a police report—document everything.
2. Seek immediate medical care—even if you don’t feel hurt immediately.
3. Collect evidence—photos, videos, witness contacts.
4. Notify your insurance provider—let them know it was an uninsured driver.
5. Contact a personal injury lawyer in San Pedro—protect your legal rights before speaking to the insurance company.

Why You Need a Lawyer for Uninsured Motorist Claims

Dealing with insurance agencies is tough, especially when they try to deny or delay claims. Farahi Law Firm in San Pedro understands insurance companies’ tactics, and we take action quickly. 

When you work with us, we:

• Review your auto insurance policy and check for available UM/UIM benefits
• Negotiate directly with your insurer to get what you’re owed
• Pursue legal action if the insurance company refuses to cooperate
• Collect and organize key evidence, including medical records, police reports, and repair estimates
• Explain every step of the process so you’re never left in the dark

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