What are the exact steps to take if the at-fault driver in my California car accident is uninsured?

If the at-fault driver in your California car accident is uninsured, you must file a claim with your own insurance company under your Uninsured Motorist (UM) coverage. This specific coverage is designed to pay for your injuries and related damages when the responsible party has no insurance. Here are the exact steps to take: Step 1: Report the Accident to the DMV You must file a Report of Traffic Accident Occurring in California (SR-1) form with the DMV within 10 days of the accident if anyone was injured or if property damage exceeded $1,000. This is legally required under California Vehicle Code Section 16000 and officially documents the accident with the state. You can find the form on the California DMV website. Step 2: Notify Your Insurance Company Call your insurance agent or claims department immediately. Inform them you were in an accident, the other driver was at fault, and they are uninsured. Provide the police report number if you have one. Timely notification is a requirement of your policy. Step 3: Open an Uninsured Motorist (UM) Claim Specifically tell your insurer you are making a claim under your Uninsured Motorist Bodily Injury (UMBI) coverage for your medical expenses, lost wages, and pain and suffering. If you have Uninsured Motorist Property Damage (UMPD) or collision coverage, open a claim under that policy to cover your vehicle repairs. Step 4: Document Everything Gather all related documents, including the police report, medical bills, proof of lost wages, and photos of the accident scene and vehicle damage. Keep detailed records of all conversations with your insurance company, including the date, time, and name of the person you spoke with. Important Details and Nuances: Your Uninsured Motorist Bodily Injury (UMBI) coverage is required by law unless you expressly rejected it in writing. For vehicle damage, you can use either optional Uninsured Motorist Property Damage (UMPD) coverage, which has a $3,500 limit and applies only if the at-fault driver is identified, or your own collision coverage, for which you must pay a deductible. Warnings and Limitations: If you waived UM coverage, you cannot make a UM claim. Your only recourse would be to sue the uninsured driver personally, but collecting a judgment can be difficult. Be aware that even though it is your own insurance company, they may try to minimize the value of your UM claim. The statute of limitations for filing a lawsuit or resolving your UM claim is generally two years from the date of the accident. This is general information and does not constitute legal advice. For complex situations, especially those involving serious injuries, consult with a qualified California attorney to protect your rights.