San Jose Uninsured Motorist Lawyer
The Other Driver Had No Insurance. You Still Have Options.
An uninsured driver can leave you with medical bills, a damaged car, and no one to send them to. Our San Jose attorneys turn to your own coverage and every other path to recovery, and make your insurer pay what it promised.
$75+ million
recovered for injured clients
800+ five-star reviews
on Google and Yelp
No fee
unless we win
Available 24/7
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No Insurance on Their Side Doesn't Mean No Recovery on Yours
California requires every driver to carry auto insurance, so most crash victims expect to claim against the at-fault driver’s policy. When that driver has none, or carries so little it barely scratches your losses, it’s easy to feel there’s nowhere to turn.
There usually is. The coverage you’ve been paying for may be the answer, and it’s often more than people realize. You may be able to recover if:
The at-fault driver had no insurance at all
The at-fault driver's minimum policy doesn't cover your injuries
You were hit while driving, riding a motorcycle, or walking
You carry uninsured or underinsured motorist (UM/UIM) or medical payments coverage
We review every policy that could apply and pursue each one, free of charge.
What to Do After a Crash With an Uninsured Driver in San Jose
Call the police and get a report.
It documents the other driver’s lack of insurance, and your insurer will ask for it.
Get the driver's name, license, plate, and vehicle details.
Even without insurance, the driver can be identified and, in some cases, pursued personally.
Find your own policy declarations page.
Check for uninsured/underinsured motorist coverage and Med Pay. If you can’t find it, we’ll request it for you.
Notify your insurer promptly, but talk to a lawyer first.
UM claims have their own notice requirements, and your insurer becomes the party paying you. Treat it that way.
See a doctor and keep every record.
Your UM claim will be judged on the same medical evidence as any injury claim.
Don't accept your insurer's first number.
Your own company can undervalue a claim like any other insurer. We negotiate, and push back on bad-faith handling.
Who Pays When the Other Driver Is Uninsured?
Your uninsured motorist (UM) coverage
If you carry UM coverage, it pays when an at-fault driver has no insurance, covering injuries, lost wages, and pain and suffering up to your policy limits.
Your underinsured motorist (UIM) coverage
When the at-fault driver’s policy is too small for your injuries, UIM coverage can make up the difference.
Medical payments coverage (Med Pay)
If your policy includes it, Med Pay helps with medical bills regardless of who was at fault.
The uninsured driver personally
A driver without insurance may still have assets or income. A civil lawsuit can pursue them directly when that makes sense.
How We Handle Uninsured Motorist Claims
A UM claim is a first-party claim: you are claiming against your own insurance company. It works much like a claim against another driver’s insurer, but your insurer now has every reason to pay as little as possible, even though you’ve paid premiums for exactly this moment.
We treat it like the adversarial claim it is:
- We review your policy, and household policies you may be covered under, for UM, UIM, and Med Pay limits
- We document your injuries, lost wages, and pain and suffering with the same rigor as a third-party claim
- We confirm the other driver’s insurance status and look for any other responsible party
- We evaluate whether the uninsured driver has assets or income worth pursuing directly
- We hold your insurer to California’s laws against bad-faith claim handling
California Uninsured Motorist Law: The Basics
Driving without insurance is against the law
California requires every driver to carry at least minimum liability coverage. Many drivers carry only the minimum, and some carry none at all, which is why your own UM/UIM coverage matters so much.
Your insurer owes you good faith
When you make a UM claim, your insurer must handle it fairly. California has laws against insurance bad faith, and we know how to use them when a company delays, lowballs, or denies a valid claim.
Hit-and-run drivers count as uninsured
If the driver fled and can’t be identified, your UM coverage generally treats them as uninsured, subject to strict conditions.
Deadlines still apply
Lawsuits generally must be filed within two years, and UM claims carry their own notice requirements. Partial fault doesn’t bar recovery: California’s pure comparative negligence rule only reduces it.
What Our Clients Say
Attorney Jimin Oh was really helpful with my case. She really took care of my case and I could really rely on her. She would always check up on me…
Carina Amigable
If I didn't have Jimin and her people I would have been left with broken bones penniless and without a job. Prior to getting into contact with her my insurance…
Davina Barriga
This was my first time to have a car accident, so I did not know what I had to do. My friends suggested I contact Jimin since they all had…
Kwon Soonhyung
San Jose Uninsured Motorist FAQs
The driver who hit me had no insurance. Can I still get compensation?
Usually, yes. If you carry uninsured motorist coverage, you can claim against your own policy for your injuries, lost wages, and pain and suffering. Med Pay, other household policies, and the driver personally may be further options.
What's the difference between uninsured and underinsured motorist coverage?
Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance. Underinsured motorist (UIM) coverage applies when they have some, but not enough to cover your losses.
Do I need a lawyer to claim against my own insurance?
It helps. Once you make a UM claim, your insurer is the one paying, and it will try to pay as little as possible. We document your claim, negotiate, and hold the company to its duty of good faith.
Will a UM claim raise my rates?
California law generally prohibits insurers from raising your rates for an accident that wasn’t your fault. Don’t let that fear keep you from coverage you’ve paid for.
Can I sue the uninsured driver directly?
Yes. A driver without insurance may still have assets or income that can cover part of your losses. We’ll tell you honestly whether pursuing them is worthwhile.
I was walking or riding a motorcycle when an uninsured driver hit me. Am I covered?
Often, yes. UM coverage can follow you, not just your car. We’ll check your policy and any household policies that may apply.
What if I don't have UM coverage?
Options may remain: Med Pay, health insurance with our help managing liens, a claim against the driver personally, or another liable party. Let us review everything before you assume there’s nothing.
What does hiring you cost?
Nothing upfront. We work on contingency; you pay a fee only if we recover for you.
Get Your Free, Confidential Case Review, 24/7
Your insurer has its own adjusters and deadlines; you deserve someone on your side before you file. Call now or send the form; we respond fast, 24/7, in English, Spanish, or Korean. Your consultation is free and confidential. No fee unless we win.
Call (408) 256-2871Free Case Review
Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126
Hablamos español · 한국어 상담 가능
