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What should I do if the other driver does not have insurance?

If the other driver caused the accident and is not insured, your own policy will pay for your personal injuries - if you have "uninsured motorist" or medical payments" coverage. If the other driver's insurance is not enough to pay for all of your damages, your own insurance may pay the difference - if you have "underinsured motorist" coverage.

If you do not have these kinds of insurance or if your damages are more than the policy's limit, you can sue the other driver. However, even if you win the case, you cannot be sure that the other driver has the money to pay.

If you have collision insurance, it will pay for damage to your car, no matter who is at fault.*

Important: If your case deals with personal injury (automobile accidents, motorcycle accidents, pedestrian accidents, slip and falls, dog bites, medical or legal malpractice) or workers' compensation cases (accidents at work) and deals with California law, you can reach us 24 hours a day, 7 days a week just by calling 1-800-LAW-TALK, from anywhere in the United States, for a free consultation.

These Frequently Asked Questions are based on California Law. Information with a * was originally published by the State Bar of California and is also available through them. It is reprinted with their permission.

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