Your Rights After a Hit and Run Accident in California
Being the victim of a hit and run is a frightening and frustrating experience. One moment you are involved in a collision, and the next, the other driver has fled the scene — leaving you injured, shaken, and wondering how you will pay your medical bills. The good news is that even when the at-fault driver cannot be identified, California law provides pathways to recover compensation for your injuries.
Hit and Run Is a Serious Crime in California
Under California Vehicle Code Section 20001, leaving the scene of an accident that results in injury or death is a felony punishable by up to four years in state prison and fines up to $10,000. Even for accidents involving only property damage, Vehicle Code Section 20002 makes hit and run a misdemeanor. Despite these harsh penalties, hit and run accidents remain alarmingly common — California consistently ranks among the states with the highest rates of hit and run collisions.
What to Do If You Are a Hit and Run Victim
If the other driver flees, try to note as much information as possible about their vehicle — make, model, color, license plate (even a partial plate can help), and the direction they fled. Call 911 immediately and report the hit and run. Check for witnesses who may have seen the vehicle or captured it on a dashcam. Look around for security cameras on nearby businesses or homes that may have footage. Seek medical attention promptly and document your injuries.
Recovering Compensation Through Uninsured Motorist Coverage
If the hit and run driver is never identified, your own auto insurance policy’s uninsured motorist (UM) coverage becomes your primary source of compensation. Under California Insurance Code Section 11580.2, all California auto insurance policies must include UM coverage unless you specifically waive it in writing. UM coverage can pay for your medical expenses, lost wages, and pain and suffering — just as if you were filing a claim against the at-fault driver’s insurer.
When the Hit and Run Driver Is Found
Law enforcement does identify hit and run drivers in many cases through license plate databases, surveillance footage, witness tips, and forensic evidence. If the driver is found, you can pursue a claim against their insurance or file a lawsuit directly. If they are uninsured or underinsured, your UM/UIM coverage can fill the gap.
Time Limits Are Critical
The statute of limitations for a personal injury claim is two years under CCP Section 335.1, but your UM claim may have shorter deadlines imposed by your insurance policy. Acting quickly is essential to preserve your rights.
Free Guide: Know Your Rights After an Accident
Download our free guide in English & Tagalog. Learn the critical steps to protect yourself, how to deal with insurance companies, and what compensation you may be entitled to under California law.
We Fight for Hit and Run Victims
At Smilove & Rosenblum, we have extensive experience helping hit and run victims recover the compensation they deserve — whether from the at-fault driver’s insurance, your own UM policy, or both. Call (800) 300-3226 for a free consultation.
Related Resources
- Practice Area: Car Accident Claims
- Practice Area: Pedestrian Hit-and-Run Accidents
- Uninsured/Underinsured Motorist Coverage in California
- The Role of Police Reports in Car Accident Claims
Related Practice Areas
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Free Guide: Know Your Rights After an Accident
Download our free guide in English & Tagalog. Learn the critical steps to protect yourself, how to deal with insurance companies, and what compensation you may be entitled to under California law.