US-California

Can I sue an uninsured driver who hit me in California?

$15,000

Min. bodily injury per person

$30,000

Min. per accident total

2 years

Statute of limitations

Uninsured

Driver status

The Short Answer

Yes, you can sue an uninsured driver in California for damages you suffered — but collecting money may be difficult if they have no assets or income.

What the Law Says

California law requires drivers to carry liability insurance, but it does not prevent victims from suing uninsured drivers. The key legal issue is whether you can recover damages — not whether you’re allowed to file suit.

California Vehicle Code § 16000 makes it illegal to drive without financial responsibility (i.e., auto insurance or a bond). However, this is a regulatory violation — not a bar to civil recovery.

If an uninsured driver causes an accident, you may file a personal injury lawsuit under general negligence law. You must prove duty, breach, causation, and damages — just as with any other driver.

The statute of limitations for personal injury claims in California is two years from the date of the accident (Code of Civil Procedure § 335.1). Missing this deadline bars your claim entirely.

Statutory Text
No person shall drive a motor vehicle upon a highway unless the person is covered by a policy of liability insurance…
— Vehicle Code § 16020(a) — Financial responsibility required

Statutory Text
An action for assault, battery, or injury to or death of a person caused by the wrongful act or neglect of another must be commenced within two years.
— Code of Civil Procedure § 335.1 — Two-year limitation

What to Do

Document everything: photos, police report, witness contacts, medical records.

File a claim with your own insurer — especially if you have uninsured/underinsured motorist (UM/UIM) coverage.

Consult a personal injury attorney before the 2-year deadline to assess whether suing the driver is worthwhile.

If you win a judgment but can’t collect, ask your attorney about wage garnishment or asset discovery — though success is unlikely if the driver is truly judgment-proof.

Sources

statuteVehicle Code § 16020(a) — Financial responsibility required statuteCode of Civil Procedure § 335.1 — Two-year limitation

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.