Few things feel more unfair than being hurt by a driver who does not stop. You are left with injuries, a damaged car, and no one to send the bill to. California law treats leaving the scene seriously, and it also gives many injured people a path to compensation through their own insurance. That path has specific conditions, and some of them have short deadlines. This guide explains both sides. For a broader look at crash claims, see our car accident lawyer page.
What does California law require a driver to do after a crash?
Vehicle Code § 20001 says the driver of a vehicle involved in an accident resulting in injury to another person, or in death, must immediately stop at the scene and fulfill the requirements of Vehicle Code Sections 20003 and 20004. Leaving can be punished by jail or prison and fines, with higher penalties when the crash causes death or permanent, serious injury.
Vehicle Code § 20002 covers crashes that damage property only, including parked cars. The driver must stop at the nearest safe location and either find the owner and give names and addresses, or leave a conspicuous written notice with that information and a statement of what happened, then notify police without unnecessary delay.
Does the criminal case decide my injury claim?
No. A prosecution is about punishing the driver. Your injury claim is a civil matter about compensation for medical bills, lost income, and pain and suffering. The two can run side by side. If police identify the driver, the civil claim usually proceeds against that driver and their insurer. If the driver is never found, the focus usually shifts to your own coverage.
How does uninsured motorist coverage apply to a hit-and-run?
California Insurance Code § 11580.2 requires auto bodily injury liability policies to include uninsured motorist (UM) coverage unless the named insured waives or reduces it in a signed writing. The statute’s definition of an “uninsured motor vehicle” includes a vehicle whose owner or operator is unknown, which is how a hit-and-run usually fits.
For an unknown driver, the statute adds two conditions:
- Physical contact. The bodily injury must have arisen out of physical contact of the unknown vehicle with the insured, or with a vehicle the insured was occupying.
- Prompt reporting and a sworn statement. The insured, or someone on their behalf, must report the accident within 24 hours to the city police department where it happened (or, in unincorporated areas, to the county sheriff or local CHP headquarters), and file a statement under oath with the insurer within 30 days setting out the facts.
These requirements come straight from the statute’s text. They are the reason a quick police report matters so much in a hit-and-run.
What if the other car never touched me?
A “phantom vehicle” case, where a driver forces you off the road without contact, runs into the physical contact language in § 11580.2. Whether coverage applies in a particular situation depends on the facts and the policy, so this is a question to raise with a lawyer early instead of assuming either way.
Does UM cover pedestrians and cyclists?
The statute’s definition of “insured” for an individual named insured includes the named insured, a spouse, and resident relatives “while occupants of a motor vehicle or otherwise.” That “or otherwise” language is why UM coverage can matter to a person hit while walking or riding. Policy terms still control the details. If you were on foot, our pedestrian accidents page covers related issues.
What deadlines apply to a UM claim?
Section 11580.2(i) says no cause of action accrues under the UM coverage unless, within two years of the accident, one of three things happens: a suit for bodily injury is filed against the uninsured motorist, an agreement on the amount due is concluded, or the insured formally starts arbitration by written notice to the insurer sent by certified mail, return receipt requested.
UM disputes over fault and the amount of damages are generally decided by agreement or, if there is disagreement, arbitration before a single neutral arbitrator. That is a different process from a lawsuit against another driver. Our car accident lawyer page has more on how uninsured and underinsured motorist claims fit into a crash case.
What should you do after a hit-and-run?
Get to safety and call 911. Medical care comes first. Ask that police respond and make a report.
Report within 24 hours. If officers did not come to the scene, report the crash to the police department or, outside city limits, the sheriff or CHP, within 24 hours. Write down the report number.
Capture what you remember right away. Color, make, model, partial plate, direction of travel, damage to the other car, and anything about the driver. Memory fades fast.
Look for cameras. Businesses, homes, buses, and traffic signals may have video. Much of it is overwritten in days. Ask, write down who you asked, and let your lawyer follow up.
Photograph the scene and your car. Paint transfer, debris, and the angle of the damage can help show physical contact.
Notify your insurer promptly. Your policy likely requires prompt notice. Keep in mind the 30-day sworn-statement requirement for unknown-driver claims.
Keep medical and wage records. Follow your treatment plan and save bills, notes, and pay stubs.
What if the driver is found later?
If police identify the driver, a claim can usually be made against that driver’s liability insurance. If that coverage is too small for the harm done, underinsured motorist coverage may come into play. Section 11580.2(c) also says UM coverage does not apply where the insured settles with or sues a liable person to judgment without the insurer’s written consent, so coordinate before signing anything with any party.
How long do you have to sue the driver?
For a personal injury lawsuit against an identified driver, Code of Civil Procedure § 335.1 generally sets a two-year limitation period. Claims involving public entities have shorter claim deadlines.
Talk with a lawyer about a hit-and-run
Hit-and-run cases turn on early steps: the 24-hour report, the sworn statement, and finding video before it disappears. Advo Law, APC can help you sort out which coverage applies and what needs to happen next. Learn more on our car accident lawyer page or contact us.
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Advo Law, APC
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La Cañada Flintridge: 1433 Foothill Blvd., Suite 207, La Cañada Flintridge, CA 91011
Phone: (800) 808-4613
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Attorney advertising. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and case holdings can change; consult counsel about your specific situation.
