Passenger Has No Insurance Accident Claim: What to Do Next (California Guide)

Estimated reading time: 13 minutes

Key Takeaways

• You can usually pursue compensation as a passenger even if you do not have auto insurance; claims typically target the at-fault driver’s liability policy.
• California law preserves your recovery even if you share some fault, but deadlines are strict: most injury lawsuits must be filed within two years.
• If the at-fault driver is uninsured or flees, uninsured motorist (UM), underinsured motorist (UIM), and MedPay coverage may still pay benefits.
• Proposition 213 usually limits non-economic damages for uninsured drivers, not passengers—unless the passenger owned the uninsured vehicle.
• Strong evidence—medical records, police reports, photographs, and witness statements—drives fair settlements and successful lawsuits.

Disclaimer: This article provides general information only and is not legal advice. Laws change and facts matter — consult a qualified California personal injury attorney about your specific case.

If you’re searching for answers about your passenger has no insurance accident claim in California, you’re not alone. Most injured passengers can still pursue compensation even if they lack auto insurance of their own because California allows claims against the at-fault driver’s liability coverage, and passenger rights are protected by state law. When stating passenger rights to pursue claims, see this overview of California passenger rights. Questions often arise about Proposition 213 (Prop 213) and whether it limits your recovery—generally, it targets uninsured drivers, not passengers, with limited exceptions discussed in this Prop 213 explainer and further clarified by documented exceptions.

In this guide, we explain your options for car crash compensation without passenger insurance, how to choose the right claim target, what to do after a crash, and how California rules—like pure comparative negligence and statutes of limitations—affect your case. We also cover uninsured passenger rights California, how UM/UIM and MedPay work, how to calculate damages, and what to expect from the claims and litigation process.

Quick checklist: immediate steps after crash

Seek medical care (do this first)

Your health comes first. Get checked immediately—even if symptoms seem mild—because adrenaline can mask injuries. Prompt care also creates a medical record that ties your condition to the crash, which is essential evidence for a passenger has no insurance accident claim. Emergency departments are obligated to provide stabilizing treatment regardless of your ability to pay under federal law (EMTALA obligations), and we discuss payment options for uninsured patients in Section 5.

Call the police & get a report

Call 911 to report the collision. Ask the responding agency how to obtain the report number and a certified copy—insurers rely heavily on these reports to determine liability. California also requires certain drivers to file an SR-1 Traffic Accident Report after qualifying crashes; learn more about reporting and documentation at the California DMV SR‑1 page. Police reports and DMV filings provide dates, locations, narratives, and diagrams that can be decisive evidence.

Document the scene

Use your phone to record:

• Photos of vehicle positions, damage, license plates, skid marks, debris, and road signs.
• Close-ups of visible injuries and torn clothing.
• Time, weather, lighting, and direction of travel notes.

Collect witness names and contact information. If it’s safe, record short statements about what they saw.

Notify insurers and preserve evidence

Notify your health insurer and any potentially applicable auto policies (the driver’s policy, a household member’s policy with UM/MedPay, etc.). Keep a symptom journal; save all bills, receipts, prescriptions, and mileage to medical visits. Preserve clothing, damaged property, and any app or telematics data. These steps protect uninsured passenger rights California and help prove your losses as an injured as uninsured car passenger.

Who can you claim against when a passenger has no insurance?

First, clarify what “no insurance” means in this context:

• No auto insurance (passenger): The passenger personally does not have an auto policy. That usually does not prevent a claim against the at-fault driver’s liability coverage.
• Not on driver’s policy: Whether you’re listed on the driver’s policy is typically irrelevant—liability policies generally cover injured passengers when their insured driver is at fault.
• No health insurance: This is separate from auto liability coverage; lacking health insurance does not bar a claim against an at-fault driver for your medical costs.

The primary recovery target is usually the at-fault driver’s liability insurance. California follows a fault-based system, and passengers may recover medical bills, lost wages, and pain and suffering from the negligent driver’s policy, as described in this California passenger rights guide and this overview of passenger compensation. For general passenger guidance, see also this passenger injury explainer.

Exceptions and nuances:

• Prop 213 (ownership exception): Proposition 213 limits non-economic damages for uninsured drivers. Passengers are typically unaffected unless the passenger owned the uninsured vehicle, in which case limits may apply; see Prop 213 explained and key Prop 213 exceptions.
• Multiple at-fault parties: California uses pure comparative negligence; if more than one driver contributed to the crash, you can claim against each according to their fault share. See the comparative rule summarized in Vaziri’s passenger rights guide.

Mini‑scenario A (insured at‑fault driver): You’re a passenger in your friend’s car. Another driver runs a red light and causes the crash. The at‑fault driver is insured. You pursue their liability policy for medical bills, lost earnings, and pain and suffering. Evidence that strengthens the claim:

• Police report with clear liability narrative and diagram.
• Scene photos, witness statements, and traffic camera data (if available).
• Medical records and bills documenting diagnosis and treatment.
• Wage statements and employer letters proving time missed from work.

Because the crash involved an insured at-fault motorist, your passenger has no insurance accident claim targets the negligent driver’s insurer, not your own coverage. For more on fault and how it’s assessed, see our guide to determining fault after a car accident.

Uninsured at‑fault driver and hit‑and‑run scenarios

When the at-fault driver is uninsured or unidentified, you still have routes to car crash compensation without passenger insurance:

• UM/UIM coverage: California policies must offer uninsured/underinsured motorist coverage. If the vehicle you occupied had UM, you can claim under that policy; you may also qualify under a household member’s UM policy in some situations. See Vaziri’s summary of UM/UIM for passengers, this passenger compensation overview, and this UM/UIM explainer. If you’re unfamiliar with UM in practice, start with our California-focused guide to uninsured motorist options after a crash.
• MedPay: Medical payments coverage pays reasonable medical bills up to the MedPay limit regardless of fault if available on any applicable policy; see this overview of MedPay.
• Direct lawsuit: You can sue the at-fault driver personally if no insurance applies. Be realistic: judgments are collectible only if the defendant has assets or income; see practical considerations in this uninsured motorist litigation guide.
• Small Claims Court: For lower-value cases, you can sue in Small Claims Court (up to $10,000 for individuals) with a simplified process; see the limits explained in Oaks Law’s guide.
• Other liable parties: Consider the vehicle owner (permissive use), an employer (if the driver was on the job), a product manufacturer (defective part), or a government agency (dangerous roadway). Claims against government entities require special notices—covered in Section 4.

Mini‑scenario B (hit‑and‑run/uninsured at‑fault): A fleeing driver injures you as a passenger. The car you’re in lacks UM. Next steps: photograph damage and injuries, call police and obtain a report, check whether you or a resident relative has UM coverage, and file a UM claim if available. If not, evaluate a lawsuit or Small Claims. For no‑contact “phantom vehicle” crashes, learn proof strategies in our guide to phantom vehicle and no‑contact claims. These approaches can unlock car crash compensation without passenger insurance even when the at-fault driver disappears.

Uninsured passenger rights in California

California provides strong protections for passengers, including uninsured passenger rights California. Here are the key rules and timelines you should know:

• Statute of limitations: You generally have two years from the date of injury to file a personal injury lawsuit (California Code of Civil Procedure §335.1). See summaries in Vaziri’s passenger rights guide and RKMcLaw’s passenger resource; our firm’s primer on California’s car accident statutes of limitations offers additional detail.
• Pure comparative negligence: California uses pure comparative negligence—you can recover damages reduced by your percentage of fault; even at 99% fault, you may recover 1%. See Vaziri’s explanation of comparative negligence and our guide to comparative negligence in California auto accidents.
• Liability insurance minimums: As of 2025, California’s minimum auto liability limits increased to at least $30,000 per person and $60,000 per accident for bodily injury. Verify the current minimums on the California DMV Insurance Requirements page; RKMcLaw also notes the updated thresholds in its passenger guide.
• Prop 213—passenger ownership exception: Prop 213 limits non-economic damages for uninsured drivers; it typically does not bar a passenger’s pain-and-suffering recovery unless the passenger owned the uninsured vehicle. See the Prop 213 overview and exceptions.
• UM/UIM and MedPay: UM/UIM can pay when the at-fault driver lacks adequate insurance; MedPay can cover medical bills regardless of fault. See Vaziri’s UM/UIM notes, the lawyers.law.com passenger compensation article, and Oaks Law on UM/MedPay.
• Government claims: If a public entity may be liable (e.g., dangerous roadway, public vehicle), you must file a government claim within six months (California Government Code §911.2) and then meet separate lawsuit deadlines.
• Workers’ compensation: If you were working when injured (e.g., during a delivery or business errand), you may have workers’ compensation in addition to a liability claim. See more in this compensation overview and RKMcLaw’s discussion.

Quick reference summary

• Personal injury lawsuit deadline: generally two years (C.C.P. §335.1).
• Government claim notice: six months (Gov. Code §911.2).
• Comparative negligence: pure, recovery reduced by your fault share (Vaziri).
• Minimum liability limits: verify current amounts on the DMV Insurance Requirements page.
• Prop 213: generally limits uninsured drivers’ non-economic damages; passenger ownership exception may apply (Redding Injury Law; CB Law exceptions).

Mini‑scenario C (partial passenger fault): If you were found 25% at fault (e.g., not wearing a seat belt increased your injury severity), a $40,000 total damage award would be reduced by 25%, to $30,000. California’s pure comparative negligence ensures you still recover your share—see principles in our guide to comparative negligence in California auto accidents.

Medical bills, liens, and paying for treatment if you’re uninsured

As an injured as uninsured car passenger, getting care—and paying for it—can feel overwhelming. Here are practical paths forward:

• Emergency care regardless of ability to pay: Federal law (EMTALA) requires emergency departments to provide stabilizing treatment without regard to insurance status; you may be billed later. See the federal guidance on EMTALA obligations.
• Medical liens: Many providers will treat on a lien, agreeing to be paid out of your settlement or judgment. Attorneys often negotiate lien reductions at the end of a case; see this explanation of lien-based care in RKMcLaw’s passenger resource and our California-focused guide to car accident medical liens.
• MedPay: If any applicable policy includes MedPay, it can pay medical bills up to the limit regardless of fault—see how MedPay works.
• Health insurance and subrogation: If you do have health insurance, use it for immediate care. Your insurer may assert a reimbursement right from any settlement (subrogation).
• Payment options: Ask about deferred payment plans or sliding scale options. Some clinics and specialists regularly work with collision victims and understand lien documentation.
• Documentation: Keep a treatment log (dates, providers, diagnoses), copies of bills, imaging, prescriptions, and out-of-pocket expenses. Good records help maximize your recovery and net proceeds after lien resolution; for related planning, see how to handle medical bills after a settlement.

Mini‑example: As an injured as uninsured car passenger, you receive ER treatment, then start physical therapy on a provider lien. When your claim resolves, your attorney negotiates the lien down, increasing your net payout. If MedPay was available, it could have reduced balances sooner.

These strategies also protect you if you are a no insurance personal injury passenger trying to balance care with finances.

How to calculate and prove damages

To pursue fair car crash compensation without passenger insurance, you need to understand both the value of your claim and the proof insurers and courts require.

Economic damages include:

• Past medical bills and future medical care (prove with bills, CPT-coded ledgers, and physician treatment plans).
• Lost wages and reduced earning capacity (prove with pay stubs, W‑2s, employer letters, and, if needed, vocational expert opinions).
• Out-of-pocket costs (prescriptions, medical devices, transportation, home help; prove with receipts and logs).

Non‑economic damages include pain and suffering, emotional distress, and loss of enjoyment of life. Adjusters often use the “multiplier” or “per diem” method to estimate non-economic values, but approaches vary. For valuation insights, see our pain and suffering calculation guide; general passenger damages are also discussed by Vaziri and RKMcLaw.

Proof mechanics that strengthen your case:

• Complete medical records and diagnostic imaging linking injuries to the crash, plus doctor narratives on causation and prognosis.
• Expert testimony (e.g., future care needs, life care planning, vocational and economic experts for long-term losses).
• Consistent symptom journaling and third-party statements (family, friends, co-workers) describing daily impacts.

Illustrative example only (not a prediction):

• Medical bills: $22,000
• Lost wages: $5,000
• Future care: $4,000
• Pain and suffering: $30,000
• Total claim value (illustrative): $61,000

Demand letter checklist (include these elements in your pre-suit demand):

• Crash date, time, location, vehicles involved, and claim number (if any).
• Liability statement tied to evidence (police report, photos, witnesses).
• Injury and treatment summary (providers, diagnoses, imaging, future care).
• Itemized economic damages (medical bills, wage loss, out-of-pocket costs) with copies.
• Non-economic damages explanation (brief multiplier or per‑diem rationale).
• Supporting documents list (police report, records, bills, photos, wage proof, witness statements).
• Settlement demand (e.g., “Total demand: $61,000 (illustrative).”).
• Response deadline (typically 30 days).

Filing a claim and litigation basics

Your passenger has no insurance accident claim usually begins with an insurance claim followed by a demand. If settlement fails, a lawsuit may be necessary.

• Open the insurance claim: Report the loss to the at‑fault driver’s insurer as soon as practicable. Send the police report, photos, medical records/bills, and wage proof; see the practical steps in RKMcLaw’s passenger guide and real-world issues summarized by SoCal Injury Lawyers. For process help, review our step-by-step guide to filing auto insurance claims after an accident.
• Demand letter and timing: Send a comprehensive demand with all supporting documentation. Many insurers respond within 30–60 days, though complex claims can take longer.
• If coverage is inadequate: Pursue UM/UIM or MedPay if applicable (see UM/MedPay options). If offers remain inadequate, consider filing suit; practical realities of suing uninsured motorists are summarized by SoCal Injury Lawyers.
• Lawsuit lifecycle (plain-English): File a complaint before the statute expires, serve defendants, exchange discovery (documents, interrogatories), take depositions, attend mediation/settlement conferences, and, if needed, go to trial. For a broader overview of claim filing steps, see our guide to filing an injury claim after a car accident.
• Small Claims Court: If your case value is in the Small Claims range (up to $10,000 for individuals), it can be faster and simpler, though damages are capped.
• Deadline reminder: Most California injury suits must be filed within two years (C.C.P. §335.1); claims against public entities have a six‑month claim requirement (Gov. Code §911.2). Our primer on California deadlines explains exceptions.

Demand letter template (bullet form)

• Header: Date, insurer/adjuster, insured, claim number, your contact info.
• Facts: Brief crash description (date/time/location/vehicles).
• Liability: Concise fault statement tied to evidence.
• Injuries & treatment: Providers, diagnoses, imaging, procedures, future needs.
• Economic damages: Itemized amounts with invoices and wage proof attached.
• Non-economic damages: Pain and suffering summary with a valuation method note.
• Demand: Concrete dollar figure (e.g., “Total demand: $61,000 (illustrative).”).
• Deadline: “Please respond within 30 days; otherwise, we will consider litigation.”
• Attachments: Police report, medical records/bills, photos, witness statements, wage documentation.
• Signature and contact information.

Hiring a lawyer: when and what to expect

For a no insurance personal injury passenger, professional guidance can protect your rights and increase your net recovery.

• Contingency fees: California injury attorneys typically work on contingency—no upfront fee, with payment from the recovery (often ~33%–40%, varying by firm, complexity, and stage). Always review and sign a written fee agreement.
• What to bring to a free consult: Police report, crash photos/videos, medical records and bills, prescriptions, wage statements, and witness contacts.
• Red flags: Upfront fee demands for injury representation, lack of California personal injury experience, or refusal to provide written terms.
• Attorney’s role: Evaluate liability and insurance, gather evidence, prepare demands, file and litigate cases, negotiate medical liens, and pursue UM/UIM if needed. For uninsured motorist litigation realities, see this practice guide; general passenger counsel guidance appears in RKMcLaw’s article.
• Timeline expectations: Settlement can take months; litigated cases often take 1–2 years depending on complexity and court calendars. Small Claims is faster but capped in value.

Practical tips and sample timeline/checklist

Use this timeline to stay organized and protect your claim as an injured as uninsured car passenger:

1. Day 0: Seek emergency care, call police, photograph the scene, collect driver and witness information.
2. Days 1–7: Obtain the police report number/copy, notify relevant insurers (driver’s policy, potential household UM/MedPay, health insurance), begin treatment, and keep receipts.
3. Weeks 1–4: Follow up with specialists, track missed work, and maintain an evidence folder.
4. Weeks 2–8: Consult a California injury attorney; send a thorough demand when treatment status allows.
5. Months 1–12+: Negotiate, settle, or file suit before deadlines.

Checklist (copy/paste): call 911; take photographs; get the police report; collect driver/witness info; save medical records and receipts; notify insurer(s); contact a California personal injury attorney. Follow the broader claims roadmap in our guide to mastering the auto accident claim process. This structure supports your passenger has no insurance accident claim from day one.

Conclusion

Not having your own auto insurance should not stop you from seeking a full and fair recovery as a California passenger. By acting quickly, documenting thoroughly, leveraging all available coverages, and understanding the rules that govern uninsured passenger rights California, you can protect your health, evidence, and claim value. If a liability insurer denies or minimizes your losses, options like UM/UIM, Small Claims, or civil litigation may still lead to a meaningful result. When in doubt, a focused consultation with a California personal injury attorney can clarify options and timelines.

Need help now? Get a free and instant case evaluation by Visionary Law Group. See if your case qualifies within 30-seconds at https://eval.visionarylawgroup.com/auto-accident.

FAQ

Can I sue the driver if I wasn’t insured?

Yes. Passengers can usually sue the at-fault driver regardless of the passenger’s insurance status. Prop 213 mainly restricts uninsured drivers, not passengers, except when the passenger owned the uninsured vehicle; see Prop 213 explained and recognized exceptions. This applies even when you’re researching a passenger has no insurance accident claim.

Will my lack of insurance reduce my recovery?

Generally, no—unless you owned the uninsured car, where Prop 213 may limit non-economic damages. See Redding Injury Law’s Prop 213 guide and this discussion on uninsured claim impacts from BC Law Offices. A no insurance personal injury passenger can still pursue economic and often non-economic damages against an at-fault party.

What if I was partially at fault?

California’s pure comparative negligence reduces your recovery by your fault percentage. Even at high fault shares, you can still recover your portion; see Vaziri’s explanation and our overview of comparative negligence in California auto accidents.

How long do I have to sue in CA?

Generally two years from the date of injury (C.C.P. §335.1), with a six-month claim requirement for government entities (Gov. Code §911.2). Summaries appear in RKMcLaw’s passenger guide.

Can I use my own health insurance?

Yes. Your health plan can cover immediate care even if you’re an injured as uninsured car passenger with respect to auto insurance. The insurer may seek reimbursement (subrogation) from your settlement.

What if the at-fault driver is uninsured or it was a hit‑and‑run?

File claims under any available UM/UIM or MedPay; otherwise consider Small Claims or a civil lawsuit. Learn passenger compensation paths in this passenger compensation explainer and UM/MedPay details in Oaks Law’s guide. These are common solutions for car crash compensation without passenger insurance.

Can I file a claim if I was a rideshare (Uber/Lyft) passenger?

Yes. Rideshare policies generally provide liability and UM/UIM coverage for passengers. Report the crash through the app and to police; see coverage snapshots in Uber’s insurance overview or Lyft’s public policy pages.

What if I was injured as an uninsured car passenger and have no health insurance?

Emergency care must be provided regardless of ability to pay. Many providers accept lien-based treatment or payment plans; see RKMcLaw on liens and Oaks Law on MedPay and coverage. As an injured as uninsured car passenger, these tools help you access care while your claim is pending.

For more on filing steps and evidence, consider our practical guides on filing an injury claim after a car accident and how admissions and shared fault affect recovery in California.