Car accident no insurance

I'm sorry you're dealing with this. The right answer under California law depends on whether the uninsured driver was the at-fault driver or whether you were uninsured at the time of the crash. Both situations come up often, so here is a general overview of each.

If the at-fault driver had no insurance

You generally have two paths to recover.

First, you can pursue the at-fault driver personally. Even without insurance, that driver remains legally responsible for your damages. The challenge is collection. Many uninsured drivers do not have assets sufficient to satisfy a judgment, which is why this path alone is often not a complete solution. If the driver does have assets, real property, garnishable wages, or a business interest, a personal claim may be worth pursuing.

Second, you may be able to recover through your own Uninsured Motorist (UM) coverage. UM is a type of coverage on your auto policy that steps into the shoes of the uninsured at-fault driver and pays for your injuries up to your policy limits. California requires insurance companies to offer UM coverage, and unless you signed a written waiver, you likely have it. UM benefits can include medical expenses, lost wages, and pain and suffering. UM disputes are typically resolved through arbitration rather than court, and there are strict notice and time requirements, so acting promptly matters. If you do not have UM benefit on your policy, I highly recommend adding it to your policy. 

These two paths are not mutually exclusive.

If you were uninsured and the other driver was at fault

This is where California's Proposition 213, codified at California Civil Code Section 3333.4, comes into play. If you were the owner or operator of a vehicle that did not carry the auto liability insurance California requires, you are barred from recovering non-economic damages. Non-economic damages mean pain and suffering, emotional distress, and loss of enjoyment of life. This restriction applies even if the other driver was 100 percent at fault.

You can still recover economic damages, which include medical bills, lost wages, property damage, and other out-of-pocket losses. The bar is on the pain and suffering portion only.

There are exceptions. The most common is when the at-fault driver is convicted of DUI in connection with the crash. In that situation, Proposition 213 does not apply and full damages are recoverable. Passengers in an uninsured vehicle are also not subject to Proposition 213.

Practical takeaway

Whether you were the insured or uninsured party, you likely still have a claim worth evaluating. California personal injury attorneys typically offer free consultations and work on a contingency fee basis, meaning no fee unless there is a recovery. Bringing your insurance declarations page, the police report, and any medical records will help an attorney evaluate your options.

The information above is general information on California law as of the date of this answer. It is not legal advice, does not create an attorney-client relationship, and is not a substitute for consultation with a licensed attorney about your specific situation.

An evaluation of our case will need to determine fault and whether there is another policy that covers you.  This is where uninsured motorist and underinsured motorist coverage comes into play.  Please make sure you have your specific case analyzed by an experienced firm to discover your options.

Were you at fault?

You may still file a claim with the other party's insurance if you have their information. The insurance company will determine whether the other party is at fault, and if so, they may still compensate you for property damage and injuries.