The short answer is it is not technically required but strongly recommended!
You’re not legally required to have uninsured motorist coverage in California. The insurance company must offer it, but you can opt out. With 20.4% of California drivers going without insurance, uninsured motorist coverage protects you if you’re in an accident.
Our experienced San Bernardino car accident lawyers at LA Century Law explain why you need uninsured motorist coverage in California.
What Is Uninsured Motorist (UM) Coverage?
California requires all vehicles to have car insurance. As of September 2025, the requirements are:
- $30,000 in bodily injury liability (if you’re at fault for an accident and someone else is injured)
- $60,000 in total bodily injury liability (if you’re at fault for an accident and multiple people are injured)
- $15,000 in property damage (if you’re at fault and you damage someone else’s vehicle or other property)
Generally, when there’s an accident, the party at fault for the accident pays the victims. California law states that a party responsible for causing an accident owes victims compensation for their damages. Usually, damages are paid through the person’s insurance policy. Insurance minimums ensure that people can pay compensation when they’re at fault for an accident.
A driver is uninsured when their vehicle doesn’t have the minimum required insurance coverage. If caught, the driver may receive a fine and administrative sanctions. But that doesn’t help the victim who is left without compensation for their damages.
The answer is uninsured motorist coverage.
How does uninsured motorist coverage work in California?
Uninsured motorist coverage is insurance that someone purchases for themselves. It covers you if you’re in an accident and the person responsible doesn’t have insurance.
When you purchase the mandatory liability insurance, you have the option to purchase uninsured motorist coverage. The insurance is triggered by being in an accident where the at-fault driver is uninsured. Compensation is still paid based on your damages from the accident, and you claim your compensation from your own insurance.
What is insurance subrogation?
When you receive compensation from your uninsured motorist policy, your insurer can try to recoup what it pays you from the driver at fault. This is called subrogation.
How Common Are Uninsured Drivers in California?
Uninsured drivers are common in California. Even though the law requires drivers to have minimum car insurance, the Insurance Information Institute says that 20.4% of California drivers were uninsured in 2023.
A study by the Insurance Research Council found that one in seven drivers nationally is uninsured.
The Difference Between Uninsured and Underinsured Coverage
Uninsured coverage occurs when the driver at fault has no liability insurance. You may hear uninsured motorist insurance referred to as uninsured motorist bodily injury (UMBI).
Underinsured coverage applies when the driver has insurance but doesn’t have a high enough policy limit to cover damages. You may see underinsured coverage called UIM insurance.
If a vehicle has no insurance at all, the person is always out of compliance with the law. A person can lawfully have the minimum coverage and still not have enough to cover an injury.
When UM Coverage Applies After an Accident
Driver A is in an accident with Driver B. Driver A is at fault. Driver B has $30,000 in damages. Driver A has no insurance. But Driver B has uninsured coverage. Driver B can make a claim to their own insurance under their uninsured policy.
Without insurance, Driver A does not receive compensation for their injuries. Driver A cannot claim Driver B’s insurance.
Benefits of Having UM Coverage in Your Policy
Benefits of having UM motorist in your car insurance policy include the following:
- You have peace of mind. The moment you’re in an accident, you know that either the driver at fault will pay compensation or you’ll be able to collect from your uninsured policy.
- UM coverage is an important part of managing risk and financial planning.
- If you have a car loan, the lender may require you to have more than the minimum insurance coverage.
- Coverage can benefit you as well as passengers in your vehicle.
- UM can offer additional protection if you’re struck by a motorist from another state.
- The insurance company can do the work to subrogate payment from the at-fault driver rather than worrying about whether the driver can pay from personal assets.
- UM coverage can assist you if you’re in a hit-and-run.
Generally, your uninsured motorist bodily injury coverage will be the same as the liability coverage limits that you select.
Do you need underinsured motorist coverage?
Even if the driver who causes the accident has insurance, they may not have enough to cover your damages. Whether a driver is underinsured depends on two factors: how much liability insurance they have and the amount of damages in the claim.
The Insurance Research Council reports that 18% of drivers in the United States are underinsured. If your accident is the fault of an underinsured driver, the at-fault driver’s insurance will pay only up to the policy limit. You’ll need underinsured motorist coverage to receive additional compensation.
What Happens If You Don’t Have Uninsured Motorist Coverage?
If you don’t have uninsured motorist coverage, you may not have a way to receive compensation for a car accident. Usually, people don’t have car insurance because they can’t afford it. That means, if they’re at fault for an accident, there is a good chance they won’t be able to personally pay a judgment.
It’s possible that they could pay, or another party could be at fault. But collecting compensation will be more of a challenge, if not impossible, if you don’t have UM coverage and you’re in an accident with an uninsured driver.
Why Adding UM Coverage Can Protect You Financially
Adding uninsured motorist coverage can protect you financially from unexpected medical bills, lost income, and property damage from an accident. Without UM coverage, you may have to bear these expenses. Uninsured motorist coverage can be a critical safety net against a significant, unexpected financial loss.
Contact an Experienced San Bernardino Car Accident Lawyer
If you have been in a car accident, we invite you to contact LA Century Law. Talk to an experienced San Bernardino car accident lawyer. We’ve helped our clients collect millions in compensation. Call or message us now.