Upated: Jul 16 2026
The other driver hit your car and then sped away without stopping. You are left at the scene with a damaged car, possible injuries, and no idea who caused the crash.
People who are hit and run feel helpless and don’t know what to do. California law protects people who are hurt in these crashes in certain ways, and doing the right things right away after the crash can greatly increase your chances of getting money.
Understanding California Hit-and-Run Laws
In California, leaving the scene of an accident is a serious crime that can lead to jail time for the driver who did it. If you know these laws, you’ll understand why the other driver broke the law.
Vehicle Code Section 20002 deals with hit-and-run accidents that only cause damage to property. Drivers must stop right away at the nearest safe place after any accident that damages property, give their contact information to the people who were affected, and report the accident if they can’t find the owner of the damaged property.
Section 20001 of the Vehicle Code deals with hit-and-run accidents in which someone other than the driver who fled was hurt or killed. This law has stricter rules, such as requiring drivers to stop, give their name and contact information, and help anyone who was hurt in a reasonable way. If the driver breaks these laws, they could be charged with a crime.
Under Vehicle Code 20002, hit-and-runs that cause damage to property are misdemeanors that can lead to up to six months in county jail and fines of up to $1,000. If you hit and run someone and hurt them, you could go to state prison for up to four years, depending on how bad the injuries were.
Immediate Steps at the Accident Scene
What you do in the first few minutes after a hit-and-run affects everything that comes after. Keeping your cool and being methodical will help keep you healthy and protect your rights.
If you can, move to safety without leaving the scene completely. To avoid more accidents, turn on your hazard lights and move your car out of the way of traffic.
Look for injuries on yourself and any passengers. Some injuries show signs right away, while others take hours or days to show signs.
Stay aware of how you feel, even if you feel fine at first. Call 911 right away to let them know about the accident and that the other driver ran away.
It’s very important for law enforcement to respond quickly so that they can document the incident and possibly find the car that ran away while the trail is still fresh.
“I Feel Fine” Does Not Mean You Are Not Hurt
One of the most common — and costly — mistakes after a hit-and-run is assuming that because you feel okay, you were not seriously injured. After a violent impact, adrenaline can mask pain for hours or even days. People routinely walk away from crashes feeling “shaken but fine,” then wake up the next morning barely able to move.
Injuries like whiplash, concussions and other traumatic brain injuries, soft-tissue damage, and even internal bleeding frequently show no symptoms at the scene. That is exactly why getting a prompt medical evaluation matters, even if you think you are uninjured — it protects your health first, and it creates the medical record that ties any later-discovered injuries back to the crash.
There is a claim-related reason too. Insurance companies routinely argue that if you did not seek treatment right away — or if you kept working or carried on with your day — you must not have been badly hurt. A recent viral video showed a delivery driver who was struck by a fleeing car and was so stunned she finished her delivery before the seriousness of the moment set in. An insurer would try to use that against her. Medically, it proves nothing: finishing a task on autopilot is a normal stress response, not evidence that you escaped injury. The way to defeat that argument is simple — get evaluated promptly and follow through on your treatment.
Gathering Evidence Before it Disappears
Evidence at the scene of a hit-and-run can disappear very quickly. The more information you can gather at the scene, the better your chances of finding the driver who fled and proving your case.
Try to remember things about the car that hit you. Investigators can use the make, model, color, and any part of the license plate you saw to help them. Even just a few letters from a plate number can help you find what you’re looking for.
Take pictures of everything you can at the scene. Take pictures of the damage to your car from different angles, as well as the area around it, any debris left behind, the road conditions, traffic signals, and anything else that shows what happened.
Find people who may have seen the accident. People who were walking by, driving by, or working in nearby businesses may have seen important things. Before they leave, get their names and phone numbers.
Filing the Police Report
A police report is an official record that backs up your insurance claim and any legal action you may take in the future. Getting the police involved also makes it more likely that the driver who fled will be found.
Tell the police everything you can remember about the crash and the car that drove away. Tell them what happened in order, which way the other car was going before and after the crash, and any other details that stood out to you.
Once the police report is ready, ask for a copy. This paper has the investigating officer’s notes, witness statements, and any other information that was found about the car that ran away.
Ask the officers who came to help if any security cameras in the area might have caught the event. Businesses, traffic cameras, and home security systems near the accident site may have video that could help find the other driver.
Filing Your DMV SR-1 Report
California law requires accident victims to file a separate report with the Department of Motor Vehicles. This obligation exists regardless of who caused the accident or whether the other driver fled.
You must file a DMV SR-1 form within 10 days of any accident involving injury, death, or property damage exceeding one thousand dollars. This requirement applies even though you are the victim and even though the police have already documented the collision.
The SR-1 form is available on the California DMV website and can be submitted online or by mail. Include as much detail as possible about the fleeing vehicle, noting “unknown” for information you could not obtain.
Failure to file the SR-1 within the required timeframe can result in suspension of your driving privileges. Police reports do not satisfy this DMV requirement, so you must file separately even if officers responded to the scene.
Understanding Your Insurance Options
You can’t file a claim against a driver’s insurance right away if they leave the scene. Your own insurance coverage is the main way you can get money.
If you get hit by a driver who doesn’t have insurance or can’t be found, uninsured motorist coverage will protect you. If a hit-and-run driver is still unknown, California law treats them as if they don’t have insurance.
Every policyholder in California must have uninsured motorist coverage, even if you signed a waiver when you bought your policy. Look at your declarations page to see if you have this coverage.
If you have uninsured motorist bodily injury coverage, it can pay for your medical bills, lost wages, pain and suffering, and other damages up to the limits of your policy. This coverage kicks in when the driver who caused the accident can’t be held directly responsible.
Filing Your Uninsured Motorist Claim
Making a successful UM claim after a hit-and-run requires meeting specific requirements. Your insurance company will investigate the claim as they would any other.
Report the accident to your insurance company promptly. Most policies require notification within a reasonable time, and delays can create complications with your claim.
Provide your insurer with copies of the police report, DMV SR-1 form, photographs, witness statements, and medical records. Thorough documentation supports your assertion that you were struck by an unknown driver.
Be aware that your insurance company may investigate to verify that a hit-and-run actually occurred. Insurers want to confirm that you are not misrepresenting a single-vehicle accident or collision with a known person as a hit-and-run to access coverage.
What If You Do Not Have Uninsured Motorist Coverage
Some people who were hurt in an accident find out that they gave up UM coverage when they bought their policies. This situation makes your recovery options fewer, but not impossible.
If your policy includes medical payments coverage, it can help pay for medical bills no matter who is at fault. This coverage pays for injuries that happen in your car without needing to know who was at fault.
Collision coverage pays for damage to your car, minus your deductible. This won’t help you pay for your injuries, but it will let you fix or replace your car if you can’t find the person who caused the accident.
If you find out who the hit-and-run driver is, you can file a claim against their liability insurance. You might also be able to sue the driver directly to recover more than your insurance covers.
Were You Hit While Working? (Delivery and Rideshare Drivers)
If you were driving for a delivery or rideshare app — DoorDash, Uber, Lyft, Instacart, and others — when a hit-and-run driver struck you, your situation is more layered than an ordinary crash. Importantly, that usually means more potential sources of recovery, not fewer.
Depending on the app and whether you were on an active trip or delivery at the time, you may be able to combine a claim against the at-fault driver, coverage provided by the app while you were working, your uninsured motorist coverage if the other driver fled or was uninsured, and your own auto policy. Being classified as an independent contractor does not take away your right to hold the driver who hit you responsible.
Because working drivers have their own set of rules and coverage layers, we cover this situation in depth in a separate guide: Hit While Driving for DoorDash, Uber, or a Delivery App in California: Your Rights. If you also drive for an app, it is worth a read alongside this page.
What Happens When The Driver Is Identified
Locating the hit-and-run driver opens additional avenues for compensation. You can then pursue the responsible party directly.
You may file a liability claim against the identified driver’s insurance. Their policy should cover your damages up to applicable limits, and you can negotiate settlement in the same manner as any other accident claim.
Criminal charges against the fleeing driver proceed separately from your civil claim. While criminal prosecution may result in fines, jail time, or restitution orders, it does not guarantee you will receive full compensation for your losses.
Filing a civil lawsuit allows you to pursue damages beyond insurance limits if the driver’s coverage proves insufficient. Lawsuits also permit recovery for pain and suffering and other non-economic damages that insurance may not fully address.
Statute of Limitations for Hit-and-Run Claims
Legal deadlines apply to hit-and-run cases just as they do to other car accident claims. Missing these deadlines can forfeit your right to compensation.
California Code of Civil Procedure Section 335.1 provides two years from the accident date to file a personal injury lawsuit. This deadline applies whether or not the hit-and-run driver has been identified.
Property damage claims have a three-year statute of limitations under CCP Section 338. Vehicle repair costs and damage to personal belongings can be pursued within this longer timeframe.
If a government vehicle was involved in the hit-and-run, much shorter deadlines apply. You must file an administrative claim with the responsible government entity within six months under California Government Code Section 911.2.
When To Contact An Attorney
Hit-and-run cases are complicated and can be hard to handle without professional legal help. An experienced lawyer can handle the problems that come up in these kinds of cases.
If you were hurt badly enough to need ongoing medical care, you might want to talk to a lawyer. Victims of serious injuries can often get more money than they can negotiate on their own.
When you file a UM claim with your own insurance company, it’s especially important to have a lawyer. When you make a UM claim, you are directly arguing with your own insurance company, not another driver’s insurance company.
Lawyers can also help find the driver who ran away by doing their own investigation. Sometimes, private investigators and lawyers find out things that police investigations don’t.
Contact The Injury Firm Today
Hit-and-run accidents are frustrating and confusing, but victims can seek compensation through California’s legal system. Knowing what to do right after the accident and what your insurance covers can mean the difference between getting your money back and losing everything.
The Injury Firm has helped hit-and-run victims with the claims process before, whether they were looking for uninsured motorist coverage or holding the drivers who hit them accountable.
We know how to deal with the problems that come up in these kinds of cases. If you were hurt in a hit-and-run accident, don’t wait to look into your options.
The proof you need to back up your claim can go away quickly, and the clock starts ticking on legal deadlines right after the crash.
Call (949) 575-8875 now or complete our secure online form for a free case evaluation. Let us help you understand your rights and pursue the compensation you deserve.
Frequently Asked Questions (FAQs) About Hit-and-Run Accidents in California
What should I do immediately after a hit-and-run accident?
Move to safety, turn on your hazard lights, and check yourself and any passengers for injuries. Call 911 right away to report the accident and the fact that the other driver fled, as prompt law enforcement response improves the chances of locating the fleeing vehicle.
While at the scene, try to document as much as you can about the other vehicle, including its make, model, color, and any portion of the license plate, and photograph your vehicle damage and the surrounding area.
Am I required to file any official reports after a hit-and-run?
Yes, two separate filings are required. Under California Vehicle Code Section 20008, if anyone was injured, you must report the accident to law enforcement within 24 hours.
Additionally, under Vehicle Code Section 16000, you must file a DMV SR-1 form within 10 days if the accident involved injury, death, or property damage exceeding one thousand dollars. A police report does not satisfy the SR-1 requirement, so both must be completed separately.
How can I recover compensation if the driver who hit me was never identified?
Your own uninsured motorist coverage is likely your primary path to compensation. Under California law, hit-and-run drivers are treated as uninsured for insurance purposes when they remain unknown. If you carry uninsured motorist bodily injury coverage, it can compensate you for medical expenses, lost wages, pain and suffering, and other damages up to your policy limits.
California insurers are required to offer this coverage with every bodily injury liability policy, so check your declarations page to confirm whether you have it.
What happens if the hit-and-run driver is eventually identified?
Once the driver is found, you gain additional avenues for recovery. You can file a liability claim against their insurance company or pursue a civil lawsuit to recover damages beyond what their coverage provides.
Criminal charges against the driver may also proceed separately, and depending on the severity of the accident, the fleeing driver could face misdemeanor or felony charges under California Vehicle Code Sections 20002 and 20001.
How long do I have to file a claim or lawsuit after a hit-and-run accident?
California Code of Civil Procedure Section 335.1 gives you two years from the accident date to file a personal injury lawsuit, and three years for property damage claims under CCP Section 338.
If a government vehicle was involved in the hit-and-run, much shorter deadlines apply, requiring an administrative claim to be filed within six months under Government Code Section 911.2. Evidence at the scene can disappear quickly, so it is important to act promptly regardless of which deadline applies.
This information is for educational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. For personalised legal guidance, contact The Injury Firm for a free consultation.
