Blog

How to Handle a Hit-and-Run Accident in California

Being struck by a driver who speeds away is frightening and disorienting. You may be hurt, your vehicle may be damaged, and the person responsible is gone. The good news is that a hit-and-run does not necessarily mean you are left without options. This article explains what California law requires of drivers, what you should do in the moments and days afterward, and how compensation may still be available.

What California Law Says About Hit-and-Run

Under California Vehicle Code sections 20001 and 20002, a driver involved in a collision must stop at the scene, provide identifying information, and render reasonable assistance to anyone who is injured. When a collision injures or kills someone, leaving the scene can be a serious criminal offense. When only property is damaged, the driver must still stop and either locate the owner or leave a written note with contact information. Fleeing the scene is a separate matter from the civil claim you may bring for your injuries, and both can move forward independently.

What to Do Right After the Accident

Prioritize Safety and Medical Care

Move to a safe location if you can, and call 911. Even if you feel fine, some injuries such as concussions, whiplash, and internal injuries can take hours or days to show symptoms. Prompt medical attention protects your health and creates a record linking your injuries to the collision.

Report the Crash and Gather Information

Ask the responding officer to prepare a police report, and keep the report number. While details are fresh, write down everything you remember about the other vehicle: color, make, model, partial license plate, direction of travel, and anything distinctive like damage or bumper stickers. Photograph the scene, your vehicle, your injuries, skid marks, and debris. Get names and phone numbers from any witnesses, since a witness who saw the other car may be the key to identifying the driver.

Look for Cameras

Nearby businesses, traffic cameras, doorbell cameras, and even other drivers’ dash cameras may have captured the vehicle. Video is often overwritten within days or weeks, so act quickly to ask that footage be preserved.

How You May Still Be Compensated

If the Driver Is Found

If law enforcement or your own investigation identifies the driver, you may pursue a claim against that person and their insurer for medical expenses, lost income, property damage, and pain and suffering. You can read more about the types of losses that may be recoverable in our overview of car accident claims.

If the Driver Is Never Found

Many California auto policies include uninsured motorist coverage, which can apply when the at-fault driver cannot be identified. This coverage is part of your own policy, so it is worth reviewing your declarations page. Insurers commonly set conditions for hit-and-run claims, such as prompt reporting to police and timely notice to the insurance company, so it is wise to report the incident to your insurer as soon as possible. Because policy language varies, have the specific terms reviewed before assuming what is or is not covered.

Pedestrians, Cyclists, and Motorcyclists

Hit-and-run collisions frequently involve people outside of cars. If you were on foot, the same principles apply, and our page on pedestrian accidents discusses these situations further. Motorcycle riders face similar challenges, which we cover on our motorcycle accidents page.

Mistakes to Avoid

Be careful about giving a recorded statement to any insurance company before you understand your rights, and avoid guessing about fault or minimizing your injuries. Do not delay treatment, and keep all medical records, bills, and receipts. Also be mindful of deadlines. California’s statute of limitations for most personal injury lawsuits is generally two years from the date of injury under Code of Civil Procedure section 335.1, and shorter notice requirements can apply in some circumstances. Waiting too long can jeopardize your ability to recover anything. For a broader look at how these claims work, see our personal injury page.

Talk With Someone About Your Options

A hit-and-run can leave you with medical bills, lost work, and unanswered questions. If you were injured, we invite you to schedule a free consultation to talk through your situation and the options that may be available. Contact Us to get started.

This article is for general informational purposes only and is not legal advice. Please consult an attorney about the specific facts of your situation.