Hit-and-Run Accidents in California: What to Do and How to Recover

What California Law Says About Hit-and-Run

Under California Vehicle Code § 20001, it is a felony for a driver involved in an accident causing injury or death to flee the scene without providing identification and rendering aid. Leaving the scene of a property-damage-only accident is a misdemeanor under CVC § 20002. Despite these laws, thousands of hit-and-run accidents occur in California every year — Los Angeles alone has one of the highest hit-and-run rates in the nation. The criminal penalties for the fleeing driver, however, do not automatically compensate you. You need a civil recovery strategy.

Step 1: What to Do Immediately After a Hit-and-Run

Do not chase the fleeing driver — it is dangerous and can complicate your legal position. Instead: call 911 immediately and report the accident; try to note as many details as possible about the fleeing vehicle (color, make, model, partial license plate, direction of travel); photograph the scene, your vehicle damage, and your injuries; get contact information from any witnesses; and seek medical attention the same day. Report the hit-and-run to your own insurance company within 24 hours.

Your Uninsured Motorist (UM) Coverage Is Your Best Friend

California law requires all auto insurers to offer Uninsured Motorist (UM) coverage. If you purchased it — and most drivers do — your own insurer compensates you for injuries caused by an uninsured or unidentified driver, including hit-and-run drivers. UM coverage typically pays for medical bills, lost wages, and pain and suffering up to your policy limits. To make a UM claim for a hit-and-run, California law generally requires physical contact between the fleeing vehicle and your vehicle (or proof of the accident through independent witness testimony). Report the hit-and-run to police and your insurer promptly.

What If You Have No UM Coverage?

If you waived UM coverage or have no auto insurance, you may still have options. The California Victim Compensation Board (CalVCB) provides limited compensation for crime victims, including hit-and-run victims, for medical expenses and lost wages. Additionally, if the fleeing driver is later identified — through surveillance footage, witness tips, or police investigation — you can file a civil lawsuit against them directly. Many hit-and-run drivers are eventually caught, especially with the proliferation of traffic cameras and dashcam footage.

Preserving Evidence After a Hit-and-Run

Evidence in hit-and-run cases can disappear quickly. Act fast: request a copy of the police report as soon as it is available; ask nearby businesses for surveillance footage (most systems overwrite within 30 days); check if any witnesses captured dashcam or phone video; preserve your damaged vehicle and do not repair it until it has been documented and inspected; and keep all medical records and bills. An attorney can send preservation letters to businesses and government agencies to prevent footage from being deleted.

California's Statute of Limitations for Hit-and-Run Claims

You have 2 years from the date of the accident to file a personal injury lawsuit in California (CCP § 335.1). For UM claims, you must also comply with your insurance policy's reporting requirements — most policies require prompt notice. Do not wait. The sooner you act, the stronger your case and the better your chances of the driver being identified.

Key Takeaways

• Call 911 immediately and report the hit-and-run — do not chase the fleeing driver
• UM coverage is your primary recovery tool — check your policy immediately
• Physical contact between vehicles is generally required for a UM hit-and-run claim in California
• Surveillance footage is critical — act within 30 days before it is overwritten
• You have 2 years to file a lawsuit; UM claims have shorter notice requirements
• If the driver is later identified, you can sue them directly

Frequently Asked Questions