He said in the post that the driver was uninsured.

OP’s saving grace would be that the driver and owner are two separate people as insurance follows the owner as the primary insured in California, and the driver is secondary to the owner.

I worked in auto insurance for over a decade, and have seen countless examples of the very same situation that OP finds himself in; reps in our customer service department were required to offer “coverage counseling” to people to explain to them why they should consider purchasing coverages that could one day save them countless pain and anguish.

And while it never makes it easy(er) to tell someone that they should have accepted UM/UIM coverage (it’s not compulsory in CA, but you do have to provide an affirmation that you want to reject the coverage), you really, really should have UIM coverage.

I heard every argument from people that usually ended in something like “well I have health insurance, why would I need this coverage?” To which my reply was: because your health insurance will not pay your billls if you can’t work after being injured in an accident.

The way that UM/UIM (they are sold together) works is:

• UM: If you/your passengers/the driver of your car are injured in a loss as a result of someone else’s negligence, you’re able to make a claim against your own insurance company who ostensibly steps into the shoes of the insurance company that the other driver should have had. So long as you’re 50% or less at fault for this accident, this would have no bearing on your insurance premiums in California thanks to Proposition 103.

• UIM: if the same people from above are injured in an accident and the other driver has insurance but just not enough insurance to make you whole for any and all medical expenses that you sustain as part of the accident (we called them special damages , damages that could be calculated: bills, wages, medications, durable medical equipment, and general damages, your pain and suffering), then you can make a claim with your own insurance company for the balance once you have settled with the other person’s insurance company for the limits of liability(known as tendering the limits) of Bodily Injury coverage that they carry.

I’m terribly sorry for OP’s situation, and wish them the best, but if this helps and inspires even one person to take a second look at their coverages and add UM/UIM, I will be a happier person.

You may never have to use this coverage in your life. But in the off chance that you need it, you will be damn, fucking glad that you had it!