Being uninsured does not automatically eliminate an injury claim against another driver. It can, however, restrict the categories of compensation available. California uses a fault-based liability system, so “not at fault” should not be confused with a no-fault insurance system. The useful questions are who caused the collision, whether you were an owner or operator, what financial responsibility existed on the incident date, and what losses the evidence supports.

What compensation may remain available?

When Civil Code section 3333.4 applies, it restricts noneconomic losses such as pain and suffering. It does not itself eliminate a supported claim for economic losses, including recoverable medical expenses, lost earnings and property damage. Fault, causation, coverage and collectability still require investigation. A restriction on one category of damages is not a finding that the other driver was blameless.

Proposition 213 requires a specific review

The statute distinguishes an uninsured vehicle owner from an operator who cannot establish required financial responsibility. A passenger’s position also needs separate review; merely lacking a personal auto policy does not answer whether the statute applies. Bring the registration, policies, declarations, cancellation notices and any information about insurance for the vehicle you were using.

The DUI exception in section 3333.4(c) has specific requirements, including a qualifying conviction of the other motorist, and refers to the uninsured-owner category in subdivision (a)(2). An allegation, arrest or suspicion of intoxication is not enough by itself. Being in a parked vehicle is not a blanket statutory exception. Counsel should evaluate the actual operation or use of the vehicle, your status and the applicable authorities.

Current California liability minimums

The California DMV currently lists standard minimum liability limits of $30,000 for injury or death to one person, $60,000 for injury or death to more than one person, and $15,000 for property damage. These are insurance minimums, not a promise of payment or a cap on the value of every claim. Verify the policy and incident date, and consider any applicable special program or additional coverage.

Records to preserve before accepting an offer

  • Driver, owner, vehicle and policy information for every involved vehicle.
  • Original crash photographs, video, witness contacts and the investigating agency’s report number.
  • Treatment records, bills, work restrictions and wage-loss documents.
  • Written coverage positions, settlement offers and proposed releases.

Do not let evidence collection delay urgent medical care. Insurance discussions do not automatically extend lawsuit or government-claim deadlines. Review the evidence needed for an accident lawsuit and our post-accident checklist.

Sources

California DMV insurance requirements and Civil Code section 3333.4.

Discuss your claim with Weiss Attorneys

Call (213) 583-0977 or request a free consultation. Our office is in Sherman Oaks, with phone and video consultations available throughout California. Hablamos Español. For accepted contingency matters, attorney fees and case costs are governed by the written agreement. No outcome is guaranteed.

Prepared by Weiss Attorneys. Updated October 13, 2026. General information; the facts, applicable law, insurance terms and deadlines require an individual review.