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California requires drivers to carry auto insurance, but the reality is that many people on the road do not comply with the law. Others buy only the minimum coverage allowed, which is $15,000 for injury to one person, $30,000 for injuries to more than one person, and $5,000 for property damage. These numbers may sound like a lot, but they fall far short of covering the real costs of even a moderate car accident. A single hospital stay or surgery can easily exceed $50,000, leaving victims with large unpaid bills.
In San Francisco and the Bay Area, the problem is even worse. The high cost of living means many drivers cut corners where they can, and insurance is often one of the first expenses they skip. Some drivers let their policies lapse because they cannot keep up with premium payments. Others purchase insurance only long enough to register their vehicle, then stop paying. In some cases, drivers use fake insurance cards or buy from dishonest agents who do not actually secure valid coverage. All of these situations leave accident victims without a reliable insurance company on the other side.
Hit-and-run accidents are another major contributor. In crowded cities and highways, drivers who know they are uninsured or unlicensed sometimes flee the scene to avoid fines, criminal charges, or civil liability. Unfortunately, this makes it even harder for injured victims to recover damages without the help of their own insurance or a lawyer.
Even drivers with insurance can leave you underprotected. Many Californians carry only the state minimum coverage. That might be enough for a minor fender bender, but it is rarely enough for a collision that causes broken bones, head injuries, or long-term disability. Once the other driver’s insurance limits are exhausted, victims must look to their own underinsured motorist (UIM) coverage to make up the difference.
The combination of uninsured drivers, drivers with expired or fake policies, and those who carry only bare minimum coverage means that every motorist in California faces the risk of being hit by someone who cannot pay for the damages they cause. This is why having uninsured/underinsured motorist coverage and consulting a lawyer after a crash are so important. Even when the other driver cannot or will not pay, there are still legal ways to pursue compensation.
Uninsured Motorist (UM) coverage applies when the driver who caused the accident has no valid insurance policy at all. This could mean that the driver never purchased a policy, let their policy lapse by failing to make payments, or is using a fake or invalid insurance card. In any of these situations, there is no liability insurance available to pay for your injuries, lost wages, or property damage. Without UM coverage, victims of these accidents are often left with no immediate source of compensation.
Underinsured Motorist (UIM) coverage is slightly different. It applies when the at-fault driver does have insurance, but their coverage is too low to pay for the full amount of the damages. California law only requires drivers to carry $15,000 per person and $30,000 per accident in bodily injury liability coverage, along with $5,000 in property damage coverage. These minimums are outdated and often fall far short of what is needed after a serious accident. For example, if your medical bills and lost wages total $100,000, but the at-fault driver only has the minimum $15,000 in coverage, your UIM coverage may pay the difference, up to the limits of your own policy. This can make the difference between being buried in debt and being able to move forward after a crash.
Hit-and-run accidents may also fall under uninsured motorist coverage if the responsible driver cannot be identified. In these cases, it is crucial to file a police report immediately and notify your insurance company without delay. Many UM policies have strict deadlines and reporting requirements, and missing them can result in a denied claim. A lawyer can help make sure you follow the correct steps and preserve your right to benefits.
It is important to remember that UM and UIM benefits are provided through your own auto insurance policy. You pay for this coverage in your premiums, and it is meant to protect you and your passengers in situations where the other driver cannot. Many people worry that filing a UM or UIM claim will raise their insurance rates, but in most cases, it should not. Since you are not at fault for the crash, insurers typically cannot use these claims as a basis to increase your premiums. However, insurance practices do vary, and an experienced attorney can explain what to expect with your specific policy and carrier.
UM and UIM coverage are often overlooked when people buy insurance, yet they are among the most important protections you can have. They serve as a safety net when the other driver either does not have insurance or does not have enough coverage to make you whole. Reviewing your policy and making sure you have adequate UM and UIM limits is one of the smartest steps any California driver can take.
After an accident with an uninsured or underinsured driver, people are often overwhelmed, confused, and unsure of what steps to take. Unfortunately, this stress leads many to make mistakes that can reduce or even destroy the value of their claim. Avoiding these errors is just as important as gathering evidence and seeking medical care.
One of the biggest mistakes is not getting a police report. Even if the other driver admits fault at the scene, their story can easily change later. Without a police report, proving liability becomes much harder. Insurance companies often argue that accidents did not happen the way you describe or that the other driver was not entirely at fault. A police report provides an independent record from a law enforcement officer that can be used to support your case.
Another common mistake is waiting to see a doctor. Many injuries from car accidents, such as whiplash, concussions, or internal injuries, do not show symptoms right away. Victims often try to tough it out, only to realize days later that the pain is serious. Insurance adjusters use these gaps in treatment to claim that your injuries are minor or unrelated to the crash. Getting medical care as soon as possible not only protects your health but also strengthens your legal claim.
Some drivers accept cash at the scene, especially if the at-fault driver begs them not to report the accident. This is almost always a bad idea. The money offered rarely covers even a fraction of the real costs, and once you accept, you may lose the ability to pursue proper compensation later. Even minor injuries can require follow-up care, physical therapy, or time off work—costs that far exceed what someone might hand you at the roadside.
Social media can also create problems. Many people post about their accidents or share pictures of themselves shortly after. Insurance companies monitor social media accounts to look for evidence that can undermine a claim. For example, if you post a smiling photo at a family gathering, an insurer may argue you are not really in pain. Even innocent posts taken out of context can damage your case. The safest approach is to avoid posting anything about the accident or your recovery until your claim is resolved.
Giving a recorded statement too soon is another mistake that costs victims money. Insurance adjusters are trained to ask questions in a way that benefits their company, not you. Once your words are recorded, they can be used against you—even if you were simply nervous or misspoke. For example, if you say “I feel okay” in an early statement, the insurer may later argue that you were not injured, even if you were in shock at the time. This is why it is so important to speak with a lawyer before providing any detailed statements. An attorney can guide you on what information to share and protect you from traps that insurers set.
Other mistakes include failing to notify your insurance company in time, not following through with medical treatment, or trying to handle the claim completely on your own. Insurance companies know that unrepresented accident victims often do not understand the full value of their claims, and they may offer low settlements hoping you will accept quickly. Having legal representation ensures you do not leave money on the table.
By avoiding these mistakes and seeking help early, you greatly increase your chances of getting the full compensation you deserve.
Handling an accident claim on your own can feel overwhelming, especially when the at-fault driver has no insurance, too little insurance, or has fled the scene. A lawyer’s role is to level the playing field and make sure you are not taken advantage of by insurance companies. There are many specific ways an attorney can help in these cases.
One of the first things a lawyer does is review your insurance policies in detail. Most people never read the fine print in their auto policies, but those details often make the difference between a denied claim and a significant recovery. A lawyer can identify hidden benefits, such as underinsured motorist coverage, medical payments coverage, or umbrella policies that you may not realize apply to your accident. They also know how to spot exclusions or deadlines that insurers may try to use against you.
Evidence gathering is another critical role. After an accident, evidence fades quickly. Witnesses forget details, video footage gets deleted, and damaged cars are repaired or scrapped. A lawyer steps in early to preserve as much evidence as possible. This may include obtaining police reports, interviewing witnesses, requesting traffic or security camera footage, and documenting your injuries with medical experts. The stronger the evidence, the stronger your claim will be.
Medical treatment is also a key part of any accident case. Many victims struggle to find doctors who understand personal injury claims or who are willing to provide treatment if the patient cannot pay upfront. A lawyer can connect you with medical providers who accept treatment on a lien basis, meaning they are paid later out of the settlement. They also help coordinate your care and make sure every injury and treatment is properly documented for your case.
When it comes to negotiating with insurers, having a lawyer is essential. Insurance companies are for-profit businesses, and their goal is to pay as little as possible. They often make quick, lowball settlement offers to unrepresented victims. A lawyer knows how to calculate the true value of your claim, including medical expenses, lost wages, pain and suffering, and long-term needs. They then negotiate aggressively to get you the highest possible settlement.
If negotiations fail, many uninsured and underinsured motorist claims move to arbitration rather than a traditional trial. Arbitration is a legal process where both sides present their case to a neutral arbitrator who makes a decision. While it may seem less formal, arbitration is still complex and requires careful preparation. Lawyers prepare for arbitration as if it were a trial, presenting strong evidence and expert testimony to maximize your award.
Timelines vary depending on injury severity, disputes, and policy terms.
Medical bills past and future, lost wages, reduced earning capacity, pain and suffering, emotional distress, property damage, and out-of-pocket expenses can all be part of a UM/UIM claim.
Generally, using UM/UIM when you are not at fault should not be treated like causing a crash. Rules vary, so consult a lawyer.
Yes. Many injuries appear hours or days later. Quick care protects your health and claim.
You may qualify for Med-Pay, UM/UIM, or treatment on a lien basis where providers get paid from settlement funds.
Case value depends on medical proof, liability, policy limits, and how injuries affect your life. A lawyer can evaluate the full picture before negotiations.
You should file a hit-and-run police report immediately and notify your insurer. UM coverage may still apply, and video or witness evidence can help.
Anderson Franco Law is a California personal injury firm focused on helping accident victims in San Francisco and across the Bay Area. Clients work directly with an attorney, receive regular updates, and benefit from aggressive negotiation and smart case building. Cases are taken on contingency, meaning there is no fee unless we win.
Phone: (415) 727-1832
Text: send “consult” to (415) 727-1832
You do not have to handle this alone. Even when the other driver has no insurance or disappears, there are real ways to protect your health and recover compensation.
Fill out the contact form or call us at (415) 727-1832 to schedule your free consultation.
