CAR ACCIDENT – Accident with an Uninsured Driver, What Can I Do?

CAR ACCIDENT – Accident with an Uninsured Driver, What Can I Do?

May 7, 2019


All states require that drivers carry a minimum amount of liability insurance, unfortunately, not all drivers comply with this requirement. The Insurance Research Council estimated that 15.2% of all drivers in California were uninsured in 2015, and currently this number is presumed to be higher. It is situations like these that Uninsured Motorist and Underinsured Motorist Coverage are essential for your own protection.  The various types of auto insurance coverage are explained below.


Type of Insurance WHO does it Cover? WHAT does it Cover?
Liability Insurance Other/Non-Policyholder


Liability insurance compensates a person other than the policyholder for personal injury or property damage. This could be the cost of medical care for people injured in an accident or the repair cost of damage to other vehicles.
Medical Payment

(Med Pay)

Policyholder Medical Payments (often called Med Pay) covers the medical payments of all passengers in the policyholder’s vehicle if they are injured in an accident. Med Pay will cover the medical costs resulting from an auto accident, regardless of who was at fault.
Uninsured and Underinsured Motorist


Policyholder Uninsured motorist coverage protects the policyholder if the holder is in an accident with an at-fault driver who doesn’t carry liability insurance. Underinsured motorist coverage, on the other hand, steps in when the policyholder is in an accident with an at-fault driver whose liability limits are too low to cover the damage or medical expenses
Physical Damage Coverage Policyholder’s Vehicle Automobile insurance coverage that insures against damage to the policyholder’s own vehicle.  Coverage is provided for perils such as collision, vandalism, theft, fire etc…


Accident with an Uninsured Driver / Uninsured Motorist:

If you do find yourself in a car accident with an uninsured driver, these are the steps you should follow:

  • Call the police and request that a traffic collision report be completed
  • Do not agree to settle or resolve a dispute privately and especially not at the scene of the collision when damages are unknown.
  • Exchange information including:
  • Driver license
  • Name, Address and Phone Number
  • License Plate
  • VIN number and other vehicle information
  • Passenger information
  • Take pictures of the car accident scene and all cars involved
  • Call your own insurance company, report that car accident and demand a copy of your insurance policy. Specifically request information as to UM/UIM coverage as well as Med Pay.


If you or a loved one have questions about your auto policy or if you were involved in a car accident with an uninsured driver, we invite you to call us today at 619-432-5145 for a free consultation with one of our experienced uninsured motorist attorneys.

Diana Legal