What if an uninsured driver hits me in California?

Your own policy's uninsured motorist coverage usually becomes the real source of recovery. Insurance Code section 11580.2 requires California insurers to include uninsured and underinsured motorist coverage in every auto policy unless the insured waives it in writing, and the coverage extends to hit-and-run collisions involving physical contact with the unidentified vehicle.

Suing an uninsured driver personally is usually an empty remedy, so California builds the protection into your own policy. Under Insurance Code section 11580.2, uninsured motorist coverage must be included with every auto liability policy unless waived in a signed writing; underinsured motorist coverage pays when the at-fault driver's limits are too low, offset by what that driver's insurer pays. Hit-and-run crashes qualify when there was physical contact with the unidentified vehicle and the collision is reported promptly. These claims are contractual: disputes over fault and damages go to arbitration with your own insurer rather than to a jury, and section 11580.2(i) generally requires suit or a formal arbitration demand within two years. Two cautions apply. Notify your insurer quickly and cooperate as the policy requires, because coverage can be lost otherwise. And a driver who was personally uninsured at the time of the crash generally cannot recover non-economic damages like pain and suffering under Civil Code section 3333.4.

Authority: Cal. Ins. Code § 11580.2