A car cuts into your bike lane, leaving you seconds to react. You swerve, crash and suffer injuries, while the driver continues down the road without ever hitting you.
The driver may have caused you to crash, but what happens when there was no physical contact? California law has specific rules for this type of uninsured motorist (UM) claim.
Physical contact matters under California law
California law sets specific rules for UM claims involving an unknown driver. When no one can identify the owner or driver, the law generally requires physical contact between the unknown vehicle and you or the vehicle you occupy.
This rule can create a harsh result if you ride a bike. Even if an unknown driver caused your crash, your insurer may dispute coverage because the vehicle never touched you.
What if someone identifies the driver?
The physical contact rule applies when the driver who caused the crash remains unknown. A license plate number or video footage could help identify a driver who left the scene.
If the identified driver has no insurance, you may pursue a UM claim without proving that the vehicle touched you. You would still need to meet the other requirements for coverage under your policy.
What happens if the driver remains unknown?
If the driver remains unknown and there was no physical contact, your UM claim may not meet California’s requirements for a hit-and-run vehicle. You may not have uninsured motorist coverage even if the driver caused your crash.
Evidence from traffic cameras, nearby security footage or witnesses may help identify the driver. In a no-contact bike crash, finding out who caused the crash could change whether a UM claim is available.
