Damage From Someone With No Car Insurance: Cyclists, Kids, Pedestrians

On this page:

• Why your own policy is the starting point
• Cyclists and scooter riders
• Pedestrians
• Children and vandalism
• Golf balls, mowers and falling debris
• Getting your money back
• At a glance

Car insurance works neatly when two insured cars collide. It gets awkward when the damage comes from someone who has no auto policy at all: a cyclist who runs a red light into your fender, a pedestrian who steps out from between parked cars, a teenager with a key, a golf ball off the fourteenth tee. Here is how each of those usually gets paid for in California.

Why your own policy is the starting point

When the person responsible has no auto liability insurance, there is no other auto insurer to claim against. Your own coverage becomes the practical first route: collision if your car hit or was hit by something, and comprehensive for vandalism, thrown or falling objects and similar losses. Both carry deductibles. A liability-only policy pays nothing toward your own car.

Uninsured motorist coverage is built around uninsured motor vehicles and their drivers, so it generally does not help when the person at fault was on foot or on a bicycle. Check your own policy's definitions, because they vary by insurance company.

Cyclists and scooter riders

Vehicle Code section 21200 gives a person riding a bicycle on a highway all the rights of a driver and makes them subject to the same rules of the road, except those that by their nature cannot apply. A cyclist who runs a red light or rides against traffic and hits your car can be at fault in exactly the way a driver can.

Collecting from a cyclist is another matter. Cyclists are not required to carry insurance, though a homeowners or renters policy with personal liability coverage may respond to damage they cause; that varies by policy. For rented e-scooters and bikes, the rental company's terms and any coverage it carries come into play. Get the rider's name, contact details and, if they will share it, their home insurance information, and photograph the scene.

Pedestrians

A pedestrian who walks into the side of a moving car or steps into traffic can also be responsible for damage, but in practice claims against pedestrians are rare, and fault in these incidents is examined carefully, because pedestrians are so often the ones hurt. If a pedestrian damages your car, report it, get their details and let your insurer decide whether to pursue them, usually against a homeowners or renters liability policy if one exists.

Children and vandalism

When a child deliberately damages your car, Civil Code section 1714.1 makes the parent or guardian who has custody and control jointly liable with the minor for the willful misconduct. That liability is capped per act: the statute sets the cap at $25,000 and requires the Judicial Council to adjust it every two years for the cost of living. Where the damage is defacement with paint or a similar substance, such as graffiti, the parents can also be liable for court costs and attorney's fees.

The key word is willful. A ball that rolls into your car during a game, or a bike that tips over, is not willful misconduct, so section 1714.1 does not apply; any claim would rest on ordinary negligence. Either way, file a police report for vandalism, which your insurer will want to see for a comprehensive claim.

Golf balls, mowers and falling debris

Objects that strike your car are commonly comprehensive claims: a golf ball through the windshield, a rock thrown by a mower, debris off a construction site. Whether the golf course, landscaper or contractor is responsible depends on whether they were negligent, and that is a question your insurer can pursue after paying you. If you live or park beside a course or a construction site, photograph damage promptly and note the time.

Getting your money back

After paying your claim, your insurer may seek reimbursement from the person responsible or their insurer, a process called subrogation. If it recovers, you may get your deductible back. You can also pursue the person yourself, for example in small claims court, especially for amounts below your deductible. Keep the photos, the police report, the other person's details and repair estimates together.

At a glance

If damage like this has made you wonder whether your deductibles still make sense, you can have a licensed broker look at your policy.