Ask an attorney

Can I file a claim with the at-fault driver’s insurance company if I’m uninsured?

Asked by user in California.

I just bought a car. I had no insurance on it. I was hit from the front by another driver who was at fault. How do I go about making a claim when I don't have insurance myself?

Answered by Enjuris Editors:

If you need to make an insurance claim because of an accident that wasn’t your fault, you usually make a claim through your own insurance company against the other driver’s insurance company. California is a “No pay, no play” state. That means there are some limitations on what damages you can recover from the other driver because you don’t have insurance, yourself. You can recover for losses like repair and medical expenses, but you cannot recover damages for non-economic losses like pain and suffering.

California Prop 213 requires that an uninsured driver must deduct $10,000 before you can sue the at-fault driver for property damage. In other words, you would likely have a $10,000 “deductible” that you’ll have to pay out-of-pocket before the other driver’s insurance covers any additional costs.

Please do make sure to get insurance right away. In addition to your out-of-pocket expenses for an accident, you might be charged penalties for driving without insurance.

There’s more information available on Enjuris about California insurance laws, No Pay, No Play laws, and accidents with uninsured drivers. If you need additional guidance, you can contact a California personal injury lawyer. Your lawyer can guide you through the legal process to try to recover damages within the boundaries of state laws for uninsured motorists.

Free downloads

Accident Report Form
Sample post-accident report form to keep in your glove box - fill out at the scene or as soon as you can after a car accident
Download in PDF format

Enjuris Partner Attorney Spotlight
Representatives answer calls for attorney services. Dial 800-734-4134

Legal Rights Defenders

Workers' Compensation and Personal Injury Lawyers


(800) 734-4134



How to Find the Right Car Accident Attorney for You

So you've been involved in a car accident and think you may have a case. How do you find the right attorney to help you?

Read our complete guide to finding the right injury attorney for your case. Read insights from Enjuris attorneys and lawyers across the USA on when and why you need to hire a car accident attorney. Learn more

Do you have a question?
Ask a Lawyer

It’s free, anonymous and confidential.
Car Accident, DUI, DWI Previously Answered Questions