Uninsured driver

Hit by an uninsured driver: what happens next

If the driver who hit you had no insurance, or left the scene, your own policy may still pay for your injuries. Here is how uninsured motorist coverage and MedPay generally work in California, and what to do first.

First steps

  • If anyone is hurt, call 911.
  • If anyone was injured or killed, California law requires the driver to make a written report to the CHP or, in a city, to the CHP or the city police department, within 24 hours.
  • The DMV SR-1 is due within 10 days if anyone was injured or killed, or property damage was over $1,000. That applies whether or not the other driver was insured.
  • Tell your own insurance company, and get your collision report.

Sources: California Vehicle Code § 20008(a); California Vehicle Code § 16000(a). To see where you are with these deadlines, use the crash-date tool.

Uninsured motorist coverage

In California, an insurer that sells a bodily injury liability policy must include uninsured motorist coverage unless you turned it down in a signed, written agreement. Uninsured motorist coverage pays for injuries to you and the people in your car when an uninsured driver is at fault. Underinsured motorist coverage applies when the at-fault driver's insurance is too low to cover your injuries.

Your uninsured motorist limits are generally the same as your liability limits, unless you agreed in writing to lower ones. Your declarations page shows what you have.

Sources: California Insurance Code § 11580.2(a)(1); California Department of Insurance, Automobile Insurance guide.

If the driver left the scene

Uninsured motorist coverage can apply when the other driver is unknown, with conditions set by statute: the injury must come from physical contact with your car or with you, the crash must be reported to the police or the CHP within 24 hours, and you must file a sworn statement with your insurer within 30 days.

Source: California Insurance Code § 11580.2.

There is a time limit

For an uninsured motorist claim, one of these must happen within two years of the accident: a lawsuit is filed against the uninsured driver, you and your insurer agree on the amount owed, or you formally start arbitration by written notice to your insurer sent by certified mail.

Source: California Insurance Code § 11580.2(i)(1). This is general information, not legal advice; an attorney can tell you which deadlines apply to you. Last checked September 23, 2026.

MedPay and other ways care is paid

MedPay on your own policy pays medical expenses no matter who was at fault, so it can help right away. See MedPay after a car accident. When an attorney is handling the claim, care can also be provided on a medical lien.

Auto insurance, MedPay, PIP, and liens accepted. The clinic does not bill health insurance or workers' comp. We check your policy before your first visit, and what you owe is confirmed in writing before your first visit.

Common questions

The other driver had no insurance. Can I still be treated?

Yes. Uninsured motorist coverage or MedPay on your own policy may pay for your care, or care can be provided on a lien when an attorney is handling the claim. We check your policy before your first visit.

Do I have uninsured motorist coverage?

Insurers in California must include it unless you turned it down in writing. Your declarations page or your agent can tell you whether you have it and the limits.

Does it matter that the other driver was uninsured for the DMV report?

No. The SR-1 is due within 10 days if anyone was injured or killed, or property damage was over $1,000, whether or not the other driver was insured.

Hurt by an uninsured driver?

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