Why Can’t We Sue the At-Fault Driver if Their Insurance is Only 30/60?

When you’re injured in a car accident caused by someone else, your first instinct may be to sue the at-fault driver for damages. But what happens when that driver only has the minimum insurance coverage—30/60/15 in California as of 2025? Many accident victims are shocked to learn that in some cases, suing the at-fault driver may not be a practical option. Let’s break down why.

Understanding 30/60/15 Insurance Coverage

As of January 1, 2025, California’s new minimum liability insurance requirements are:

  • $30,000 per person for bodily injury
  • $60,000 per accident for bodily injury (if multiple people are injured)
  • $15,000 for property damage

This means if you’re in a crash caused by a driver with only 30/60/15 coverage, the most their insurance will pay is:

  • Up to $30,000 for your medical expenses (or split among all injured parties if multiple people are hurt).
  • No more than $60,000 total for everyone involved.
  • Only $15,000 to repair or replace your vehicle.

While this is a higher coverage level than the previous 15/30/5 limits, it may still not be enough for serious accidents. If your damages exceed these amounts, you might consider suing them personally—but that’s where things get tricky.

Why Can’t You Just Sue the At-Fault Driver?

Legally, you can sue the at-fault driver, but winning a lawsuit and actually collecting money are two very different things. Here’s why:

1. The At-Fault Driver Likely Has No Assets

Most people carrying only minimum insurance do so because they can’t afford a higher policy—or because they don’t have significant personal assets to protect. If you sue them and win, they may not have wages, savings, or property for you to collect from.

2. Collecting Money from Someone Without Assets is Difficult

Even if you win a lawsuit, collecting your judgment can be a major challenge. You may have to:

  • Garnish their wages – If they have a low-paying job, this process may take years (or be impossible if they qualify for wage exemptions).
  • Put a lien on their property – If they don’t own a home, this won’t help.
  • Seize their assets – But if they don’t own anything valuable, there’s nothing to take.

3. Many Drivers Can File for Bankruptcy

If you win a lawsuit and the at-fault driver files for bankruptcy, your judgment could be wiped out entirely—meaning you’ll never see a dime.

What Are Your Other Options?

Rather than relying on a lawsuit against an at-fault driver with low insurance, you should explore other ways to recover compensation:

1. Use Your Own Uninsured/Underinsured Motorist Coverage (UM/UIM)

  • If you have Uninsured/Underinsured Motorist (UM/UIM) coverage on your own policy, it can make up the difference when the at-fault driver’s insurance isn’t enough.
  • Example: If your medical bills total $100,000, but the at-fault driver’s 30/60 policy only pays $30,000, your UIM coverage can step in to cover the remaining costs—up to your policy limits.

2. MedPay Coverage

  • If you have Medical Payments (MedPay) coverage, your insurance can help pay for medical bills, regardless of who was at fault.

3. Check for Other Liable Parties

  • In some cases, another party may be responsible—for example, if a commercial vehicle was involved, or if a dangerous road condition contributed to the crash.

Lawsuits Aren’t Always Worth It

While you technically can sue an at-fault driver with only 30/60/15 insurance, it often isn’t worth the time, money, and effort—especially if they don’t have assets to pay a judgment. That’s why having adequate insurance coverage of your own (like UM/UIM) is crucial to protect yourself from drivers who don’t carry enough insurance.

Have Questions About Your Accident Case?

If you were injured by an underinsured driver in San Diego or anywhere in Southern California, the team at Harris Personal Injury Lawyers can help you explore your best options for recovering compensation. Call us at 1-800-GO-HARRIS for a free consultation today.