Hit-and-Run Accidents in California: Your Legal Rights

What California Law Requires After an Accident

California law imposes specific duties on every driver involved in an accident, regardless of who was at fault. These obligations are defined under two sections of the Vehicle Code:

Vehicle Code 20002 (property damage only). If the accident caused damage only to property such as vehicles, fences, or mailboxes, the driver must immediately stop at the nearest safe location, locate and provide their name, address, driver’s license number, and vehicle registration to the owner of the damaged property, and if the property owner is not present, leave a written note with their contact information and report the accident to local law enforcement.

Vehicle Code 20001 (injury or death). If any person is injured or killed, the driver must stop immediately, provide identification and insurance information to the other parties or law enforcement, and render reasonable assistance to anyone who is injured. This includes calling emergency services or transporting the injured person to a medical facility if necessary.

Leaving the scene without fulfilling these duties constitutes a hit-and-run, regardless of who caused the accident. Even a driver who was not at fault can face hit-and-run charges if they leave without stopping and providing the required information.

Criminal Penalties for Hit-and-Run in California

The statute of limitations for criminal hit-and-run charges in California is six years, which was extended from the previous three-year limit. Prosecutors can file charges within this window even if the driver is not immediately identified.

Your Rights as a Hit-and-Run Victim

As a hit-and-run victim, your legal rights focus on two areas: recovering compensation for your injuries and property damage, and pursuing accountability against the driver if they are identified.

Uninsured motorist coverage (UM). If the hit-and-run driver is never identified, your primary source of compensation is typically your own uninsured motorist bodily injury coverage. California treats an unidentified hit-and-run driver the same as an uninsured driver for UM purposes. If you carry UM coverage, you can file a claim with your own insurer for medical bills, lost wages, and pain and suffering up to your policy limits. For UM property damage claims, California generally requires the at-fault driver to be identified, which means unidentified hit-and-run victims may need to rely on collision coverage for vehicle damage.

Collision coverage. If you carry collision insurance, it will pay for vehicle repairs regardless of whether the other driver is identified. You will pay your deductible, and your insurer may waive the deductible if the at-fault driver is later identified through a collision deductible waiver provision.

MedPay. Medical payments coverage on your policy can provide immediate funds for medical treatment after a hit-and-run, regardless of fault and without waiting for a UM claim to be resolved.

Lawsuit against the identified driver. If the hit-and-run driver is eventually identified, you can file a personal injury lawsuit against them within the standard two-year statute of limitations. You may also be entitled to court-ordered restitution as part of the criminal case against the driver.

Criminal restitution. If the hit-and-run driver is convicted, the court may order them to pay restitution to cover your medical expenses, property damage, and other losses. Restitution is part of the criminal sentencing process and is separate from any civil lawsuit you may pursue.

Steps to Take Immediately After a Hit-and-Run

1. Stay at the scene and call 911. Report the accident to police immediately. An official police report creates critical documentation and begins the process of identifying the fleeing driver. If you are injured, request emergency medical assistance.
2. Gather as much information as possible. Try to note any details about the other vehicle, including the make, model, color, and any portion of the license plate number. Look for witnesses who may have seen the accident or the vehicle leaving the scene. Collect their names and contact information.
3. Document the scene. Take photos and video of the accident scene, your vehicle damage, any injuries, skid marks, debris, and the surrounding area. If there are nearby businesses, note whether they have security cameras that may have captured the incident.
4. Seek medical attention. Even if your injuries seem minor, get a medical evaluation as soon as possible. Some injuries, such as concussions and soft tissue damage, may not produce symptoms immediately. Early medical documentation strengthens both your insurance claim and any future lawsuit.
5. Notify your insurance company. Report the hit-and-run to your insurer promptly. If you carry UM, collision, or MedPay coverage, you may have access to benefits that can cover your immediate expenses.
6. Consult a personal injury attorney. A lawyer can help you navigate the claims process, negotiate with your own insurer, and pursue the hit-and-run driver if they are identified. Many personal injury attorneys offer free consultations and work on a contingency basis.

What Happens If the Driver Is Later Identified

Hit-and-run drivers are identified more often than victims expect. Surveillance cameras, witness reports, license plate databases, forensic evidence from the scene, and even social media can lead to identification days, weeks, or months after the accident. When the driver is found, you gain additional legal options.

You can file a personal injury lawsuit against the driver for the full scope of your damages, including medical expenses, lost wages, property damage, pain and suffering, and emotional distress. If the driver was intoxicated at the time of the accident, you may also be eligible for punitive damages. The two-year statute of limitations for personal injury still applies, running from the date of the accident.

The criminal prosecution of the hit-and-run driver proceeds separately from your civil claim. A criminal conviction is not required for you to win a civil lawsuit, and the lower standard of proof in civil court (preponderance of the evidence versus beyond a reasonable doubt) means that civil claims sometimes succeed even when criminal charges are not filed or result in acquittal.

Frequently Asked Questions

What if I did not get the other driver’s license plate?

You can still file a police report and a UM claim. Police may be able to identify the vehicle through surveillance footage, witness accounts, or physical evidence. Even without identification, your UM bodily injury coverage can still apply.

Can I recover compensation if the hit-and-run driver has no money?

Yes. Your UM coverage is designed for exactly this situation. Even if the driver is identified but has no insurance and no assets, your UM policy provides a path to compensation. Criminal restitution may also be ordered if the driver is convicted, though collection can be difficult.

What if I was a pedestrian or cyclist hit by a car that fled?

You have the same legal rights as a vehicle occupant. If you carry auto insurance with UM coverage, it typically applies even when you are injured as a pedestrian or cyclist. You can also file a personal injury lawsuit against the driver if they are identified.

How long do police investigate hit-and-run cases?

Investigation timelines vary depending on the severity of the accident and the available evidence. Cases involving serious injury or death receive the highest investigative priority. The six-year statute of limitations for criminal charges gives law enforcement a significant window to identify the driver.

Protecting Your Rights After a Hit-and-Run

Being the victim of a hit-and-run can feel overwhelming, especially when the driver who caused your injuries has fled. But you are not without options. Calling the police, documenting the scene, filing a UM claim, and consulting with a personal injury attorney are the most effective steps you can take to protect your health and your right to compensation.