Can You Sue an Uninsured Driver in California?

 Posted on May 14, 2025 in Car Accidents

A car crash is already a stressful experience, and it can become even more frustrating when you find out the driver who hit you has no insurance. As medical bills pile up and your car sits in the shop, you are likely to be left wondering who will pay for the damage. Unfortunately, this scenario is more common than you might think. California ranks among the top states for uninsured drivers, which creates serious challenges for those injured in car accidents.

If you are facing this situation, do not panic—there are still possible ways to secure compensation. A San Jose personal injury attorney can help you determine your legal options and fight for the fair outcome you deserve.

What Does California Law Require Regarding Insurance?

Under California Vehicle Code §16028, all drivers are legally required to carry proof of financial responsibility, typically in the form of liability insurance. The minimum required coverage includes:

• $30,000 for injury or death to one person

• $60,000 for injury or death to more than one person

• $15,000 for property damage

Despite these requirements, estimates suggest that nearly 17 percent of California drivers are uninsured as of 2022. When these drivers cause an accident, they may face fines, license suspension, and personal liability for any damages.

What Is Uninsured Motorist Coverage and How Can It Help?

While uninsured motorist coverage is an optional addition to your auto insurance policy, it can be extremely valuable. If you are hit by a driver with no insurance or in a hit-and-run, uninsured motorist coverage allows you to recover compensation from your insurance company.

Since this coverage is not mandatory, you should review your policy to confirm whether you have this protection in place. Insurers are required to offer it in California, but policyholders can reject it in writing.

Can You Still File a Lawsuit Against the Uninsured Driver?

Victims of car accidents caused by uninsured drivers may sue for damages such as medical expenses, property damage, lost wages, and pain and suffering. However, even if the court rules in your favor, collecting those damages can be difficult if the uninsured driver does not have sufficient income or assets.

A lawsuit might be worthwhile if you have sustained substantial damages that exceed what your insurance covers, or if the other driver can pay through wages or property. Your attorney can help determine if pursuing a civil lawsuit is likely to result in meaningful compensation.

What Are the Risks of Suing an Uninsured Driver?

One of the main challenges with suing an uninsured driver is that winning in court does not guarantee you will be paid. Many uninsured drivers are judgment-proof, meaning they do not have enough assets for you to collect from. 

Even when a judgment is issued, enforcement mechanisms like wage garnishment or liens may be needed, and these processes can be time-consuming and complicated. In turn, it is important to evaluate the other driver’s financial situation and the likelihood of recovering compensation before proceeding with a lawsuit.

Contact a Santa Clara County, CA Car Accident Lawyer

Dealing with a car crash involving an uninsured driver can be frustrating and overwhelming. If you are considering filing a lawsuit or need help navigating insurance claims, a San Jose, CA car accident attorney at Law Office of John J. Garvey, III can provide the skilled guidance you need. Call 408-293-7777 today to schedule a free consultation and learn how we can help you obtain compensation for your losses.