Uninsured motorist property damage in California: what it pays after an uninsured or hit-and-run crash

General information, not legal advice. This site is not a law firm and does not provide legal services. Laws change and every claim is different. Check the official sources linked below, and talk to a licensed professional about your situation.

The short answer

California's uninsured motorist property damage (UMPD) coverage pays for damage to your car when an at-fault driver with no property damage insurance hits you. If you don't carry collision coverage, it pays up to your car's actual cash value or $3,500, whichever is less. If you do carry collision, it pays your collision deductible instead. It only pays when the cars actually touched and the other driver or their license plate is identified, so an unidentified hit-and-run usually goes under your collision coverage. UMPD never pays for loss of use, and you must report the crash to your insurer within 10 business days.

Sources: California Insurance Code §11580.26 · California Department of Insurance, Automobile Insurance guide

What UMPD pays, depending on your policy

Insurance Code §11580.26(a) gives two versions of this coverage, and which one you have depends on whether your policy includes collision coverage:

The Department of Insurance describes the first version as a collision deductible waiver: it "pays for your collision deductible if your insured vehicle is damaged in an accident with an uninsured driver who is at fault." Its guide also says that if you have collision coverage, you "may not need" UMPD (CDI Automobile Insurance guide).

What UMPD does not pay

• Loss of use. §11580.26(a)(2) says UMPD property damage "does not include compensation for loss of use of the motor vehicle." See our guide to loss of use and rental costs in California for who does owe it.
• Things inside the car. The same paragraph covers the insured car "but not including personal property contained therein."
• Damage over the cap. Without collision coverage, anything above the lesser of $3,500 or the car's actual cash value is not covered by UMPD.

The rules every UMPD claim has to meet

Insurance Code §11580.26(b) says the insurer pays "only where" all of these are true:

1. The cars actually touched. The collision has to involve "actual, direct physical contact" between your car and the uninsured car.
2. The other driver or car is identified. Either the owner or driver is identified, or the uninsured car "is identified by its license number."
3. You reported it within 10 business days to your insurer or its agent (you, or someone on your behalf).
4. The other driver is legally responsible. You and your insurer have to agree that you're legally entitled to recover from the uninsured driver. If you disagree, the question goes to arbitration with a single neutral arbitrator, and you must formally start that arbitration within one year of the accident.

What counts as an "uninsured" vehicle

Under §11580.26(e), a car is uninsured for this coverage when:

• It had no property damage liability insurance or bond at the time of the crash, or
• Its insurer denies coverage or refuses to admit coverage (except conditionally or with a reservation), or
• It was used without the owner's permission and there's no applicable insurance for the owner or driver, or
• Its insurer can't pay because it's insolvent (with time limits set out in the section).

It is not uninsured just because the other driver's limits are too low. A car with at least the minimum property damage limits required by Vehicle Code §16056 "shall not be held to be an uninsured motor vehicle even when the property damage liability limits are not sufficient." For policies issued or renewed on or after January 1, 2025, that minimum is $15,000 for property damage (§16056(a)(2)). The section also excludes cars owned or driven by someone in your own household and government-owned vehicles, among others.

Hit-and-run: what pays when the driver isn't found

Because UMPD requires the driver or the license plate to be identified, an unidentified hit-and-run usually isn't covered by UMPD. The Department of Insurance says plainly that UMPD "only pays if the uninsured driver is identified."

That leaves your collision coverage, which the Department describes as paying for "damage to your car caused by physical contact with another vehicle or an object," minus your deductible. If you don't carry collision, you may have no coverage for an unidentified hit-and-run under your own policy. Read your declarations page and call your insurer to confirm how your policy handles it.

If the driver or plate is later identified, the claim can change: the driver's own insurer (if any) owes the damage, or UMPD applies if they turn out to be uninsured.

Steps that help a hit-and-run claim

• Get the plate if you safely can, plus the make, model and color. A plate number is one of the two ways §11580.26(b) lets the uninsured car be identified.
• Report it to the police or CHP quickly. A California rating regulation presumes you weren't principally at fault when your car was damaged by a hit-and-run driver "and the accident was reported to legal authorities within a reasonable time after the accident" (10 CCR §2632.13(c)(4)).
• Report it to your insurer within 10 business days if you might claim UMPD.
• File an SR-1 with the DMV within 10 days if the crash caused any injury or more than $1,000 in damage to any one person's property. See our SR-1 form guide.
• Look for video. Dash cams, doorbell cameras and nearby businesses can catch a plate number.
• Take photos of the damage, the scene, any paint transfer and debris.

The other driver broke the law by leaving

Under Vehicle Code §20002, a driver in a crash that damages only property must stop and either give their name and address to the owner or, for an unattended car, leave a written note with that information and notify the police or CHP. Failing to do so is a misdemeanor punishable by up to six months in county jail, a fine of up to $1,000, or both (§20002(c)).

Will an uninsured or hit-and-run claim raise your rates?

The Department of Insurance says: "If the accident is not your fault, your insurance company does not charge you more. If you are at least 51% at fault, your premium can go up when you renew your policy."

The rating regulation, 10 CCR §2632.13, says an insurer can't treat you as principally at fault unless your actions were at least 51% of the legal cause of the accident. It presumes you were not principally at fault in several situations, including when your car was lawfully parked, when you were rear-ended and weren't convicted of a moving violation, and when a hit-and-run driver hit you and you reported it within a reasonable time. These presumptions can be rebutted. If your insurer finds you principally at fault, it has to tell you in writing and you can ask for reconsideration within 30 days (§2632.13(e)).

Going after the uninsured driver directly

UMPD is often capped well below the cost of a real repair, and it never pays loss of use or diminished value. The uninsured driver is still personally responsible for the damage they caused. Options include:

• Ask for payment in writing first. Our demand letter template can be adapted for repair costs, loss of use and diminished value.
• Small claims court. Individuals can sue for up to $12,500 in California small claims court, and you can't bring a lawyer into court (California Courts self-help). Collecting from an uninsured driver can be hard even after you win, so weigh that before filing.
• Watch the deadline. The general deadline to sue for damage to property is three years (Code of Civil Procedure §338).

If your insurer pays you, it can step into your shoes and go after the uninsured driver for what it paid (§11580.26(d)). Tell your insurer if you plan to sue the driver yourself, so you don't both claim the same money.

The uninsured driver can also lose their license. Vehicle Code §16070 lets the DMV suspend the license of a driver who didn't have the required insurance at the time of a reportable accident; see our SR-1 guide for how those reports work.

If your insurer stalls or denies the claim

California's Fair Claims Settlement Practices Regulations set deadlines for insurers to acknowledge claims, accept or deny them, and explain denials in writing (10 CCR §2695.7). If you think your insurer isn't following them, you can ask the California Department of Insurance for help (CDI: getting help with an insurance problem).

Related

• Loss of use: getting paid for the days without your car
• What diminished value is and when California drivers can claim it
• Total-loss offer too low? What the insurer has to show you
• SR-1 form: when you have to report a crash to the DMV

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Published October 29, 2026 · Last reviewed October 29, 2026 · How we write and review guides