Here's what happened to us: My mother-in-law was hit by a car while crossing a street. She did not survive. The driver said that due to driving into the morning sun and being in the shade of a large tree, she did not see my mother-in-law in the street. The driver produced an insurance card at the scene and the information was recorded on the police report. She agreed to be taken to the police station for drug and alcohol testing, which came up negative. I consulted our insurance agent for advice regarding what to do next. He advised us to call the driver's insurance company, report the accident, and ask for the maximum liability payment. After a few days, the insurance company called me back and said the driver's policy was not in force at the time of the accident. She had let her insurance lapse by not paying the premiums. I asked the company to send me that in writing, which they did. I went back to our insurance agent who then told me that even as a pedestrian, my MIL would be covered under her own automobile policy. He told me to call her agent and request the maximum payment under her uninsured motorist coverage. I did that, and DH and his brother received a check for $35,000. I also called the police agency that did the accident report and let them know that the driver did not have active insurance coverage at the time of the accident. In California, every driver is required to have a basic level of coverage. The desk sergeant said he would pull up the report and add the information that the driver was not covered, and that the insurance she provided at the scene was not valid.
Several months later, my brother-in-law contacted the DA's office to inquire about any legal action against the driver. He was told that an assistant DA wrote up and arrest warrant, alleging the driver was traveling too fast for the conditions (the sun and shade of a large tree decreased visibility) and gave it to a judge to be signed. The judge reviewed the case, said it was hard to tell whether the driver's actions caused the accident or if my MIL stepped in front of the car when it was too late for the driver to stop. The judge said his docket was already too crowded and he didn't want to add a case that wasn't clear cut. So no warrant was issued, no arrest was made. I don't know if the fact that she was uninsured factored into the judge's decision (or if the officer even added it to the report, for that matter). The driver was a single mother with an 8-year old son. She lived in an apartment, had an older car and no savings to speak of. We didn't want to sue her personally. We felt badly for her child (thankfully he wasn't in the car at the time of the accident). We decided to let it go.