Legal Question in Personal Injury in California

If the accident was your fault, and the other party did not have insurance, you will be responsible for his/her medical expenses and property damage.

Yes you are liable for the vehicle damage to the other car and all the out of pocket losses of the uninsured driver, including wage loss and medical bills, but not compensation for pain and suffering. If there were other people injured, such as passengers in the other car or in yours then you are liable for all the damages those other persons can prove in court, including pain and suffering damages. Your license and the license of the other driver will be suspended by the DMV if the DMV finds out about the accident because you were both uninsured. If there was damage to the vehicles of over $750 or if anyone was injured you and the other driver are each required to file a report with the DMV and if you don't then that would be another reason to suspend your license. If anyone sues you for the damages because of the accident and you don't pay the judgment then your license can be suspended until you pay the judgment in full.

Whoever is at fault is going to get sued for the damages they caused. Insurance companies don't get sued, you do; they are involved only to pay up to your policy limits any judgment against you. If you have no insurance, the judgment will be collected against any assets and income you have, by wage garnishment and seizure of bank accounts and other personal property assets and real property. You also face license suspension and potential criminal charges.

Yes. If not having insurance meant you didn't have to pay for accidents you caused, then people would have a perverse incentive not to buy insurance.

Being insured has nothing to do with whether you are liable. All it does is help you defend yourself and pay any settlement or judgment. Without insurance you have to do those things on your own.

As others have noted, the other driver's lack of insurance means he is not entitled to damages for pain and suffering. He is entitled to recover for medical expenses, property damage, lost income and other economic harms.

Good luck.