What to Do If the At-Fault Driver Has No Insurance or Not Enough Insurance in California

How California UM/UIM coverage works when the at-fault driver has no insurance or too little insurance.


Cynthia A. Craig
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Cynthia A. Craig

November 19, 2025 06:12 PM

Drivers in California are required to carry auto insurance — yet thousands drive with no insurance or minimum coverage. When an uninsured or underinsured driver causes an accident, victims often feel helpless.

Fortunately, California law provides multiple pathways for recovery.

1. Uninsured Motorist (UM) Coverage

UM coverage applies when:

  • The at-fault driver has no insurance

  • The at-fault driver flees (hit-and-run)

  • The driver is identified but uninsured

UM claims allow injured victims to recover:

  • Medical bills

  • Lost wages

  • Pain and suffering

  • Future treatment costs

Victims often consult a car accident lawyer in Irvine to understand how their UM coverage applies.

2. Underinsured Motorist (UIM) Coverage

UIM coverage applies when the at-fault driver’s limits are too low.
Example:

  • At-fault driver policy: $15,000

  • Victim’s UIM policy: $250,000

  • Victim’s total damages: $200,000

The victim can recover the remaining value from their own UIM policy.

3. Why UM/UIM Claims Are Often Difficult

Insurance companies may:

  • Delay processing

  • Request unnecessary documentation

  • Claim injuries were “pre-existing”

  • Offer low valuations

  • Dispute medical evidence

High-severity cases — such as those involving traumatic injuries — may require a brain injury lawyer in Irvine to establish long-term neurological harm.

4. Other Sources of Compensation

A. Employer Liability

If the driver was working, the employer may be responsible.

B. Rideshare Coverage

Uber and Lyft provide high-value coverage when a ride is active.

C. Third-Party Liability

Such as:

  • Vehicle manufacturers

  • Public entities

  • Businesses

  • Commercial truck companies

Commercial incidents often require involvement from a truck accident attorney in Orange County.

5. When a UM/UIM Attorney Is Essential

You should consult a personal injury law firm in Irvine when:

  • Injuries are serious

  • A hit-and-run occurred

  • The other driver lacked coverage

  • Your insurance company is uncooperative

  • You may need long-term medical treatment

Families dealing with fatal incidents may also require a wrongful death lawyer in Orange County to navigate layered coverage issues.

Conclusion

Uninsured and underinsured driver cases are complicated, but victims still have options. Understanding UM/UIM coverage — and acting quickly — can help preserve your rights and secure full compensation.

About the Author

Cynthia Craig is a senior trial attorney and founding partner of Kubota & Craig, PC, a National and Regional Tier 1 personal injury law firm based in Irvine, California. Recognized by Best Lawyers, the National Trial Lawyers Top 100, and repeatedly named a Southern California Super Lawyer, she represents injured clients in motor vehicle collisions, catastrophic injuries, premises liability, and wrongful death cases across Orange County.

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