A hit and run accident in California can leave you without answers and these crashes now account for more than 1 in 4 pedestrian collisions, up from roughly 1 in 5 a decade ago, according to UC Berkeley’s SafeTREC.
Knowing what to do after a hit and run can make the difference in what you recover. If you’re one of them: a fled driver doesn’t end your case; it just changes who pays first. California gives you three paths to recovery even without a name: your own uninsured motorist coverage, the California Victim Compensation Board, or a civil suit once the driver is identified.
It’s still a car accident injury claim underneath. Just one extra step stands between you and a payout: finding out who’s liable.
Key Takeaways
- California law gives hit-and-run victims real paths to compensation: UM coverage, CalVCB benefits, and a civil claim if the driver is later found, even with no arrest at the scene.
- Don’t let an unidentified driver stop you from documenting injuries, filing a police report, or opening a UM claim right away.
- The two-year statute of limitations under CCP § 335.1 runs whether or not the driver is ever caught.
Immediate Steps to Take at the Scene
Knowing exactly what to do after a hit and run accident in California can protect both your health and your claim.
- Don’t chase the vehicle. Record its direction, plate fragments, color, and make immediately.
- Call 911, even for property damage only. Under Vehicle Code § 20008, an injury or fatal hit-and-run must be reported to police within 24 hours.
- Photograph vehicle damage, debris, and nearby camera positions; paint transfer and broken parts are often the only physical link to the fleeing car.
- Get treated the same day. A gap between the crash and the first visit is the first thing an adjuster cites to argue the injury wasn’t serious.
- Notify your own insurer right away. Most uninsured motorist (UM) policies require prompt notice, and some carriers read that narrowly.
Call police, document the scene, and open a UM claim immediately; that coverage is usually the fastest path to compensation while the driver stays unidentified.
Damaged front end of a car after a hit and run accident in California, with police lights visible.
The Long-Term Toll Adjusters Don’t Account For
An unsolved hit-and-run isn’t closed once the report is filed.
There’s a totaled car with no at-fault party to bill for a rental, follow-ups that collide with a job that doesn’t pay for missed shifts, and a filing clock that doesn’t pause for an open investigation: injury claims must be filed within two years of the crash under Code of Civil Procedure § 335.1; property-damage claims get three years under CCP § 338.
Document bills, wage loss, and repair estimates now that clock runs whether or not the driver is ever found.
How Police and Insurers Investigate Hit-and-Run Cases
Law enforcement treats an injury or fatal hit and run accident in California as a crime. Under Vehicle Code § 20001, fleeing is a misdemeanor or felony, with a felony conviction carrying two to four years in state prison when the crash causes death or permanent, serious injury. Fleeing a property-damage-only crash is a misdemeanor under Vehicle Code § 20002, carrying up to six months in county jail and a $1,000 fine. Investigators pull nearby traffic and doorbell footage, run paint-transfer analysis, and cross-check body shops and DMV records against reported damage.
Your insurer runs a separate track. With no at-fault driver identified, most carriers open the claim under uninsured motorist bodily injury (UMBI) coverage and require the police report, medical records, and wage-loss documentation before advancing benefits. Police investigate the crime; your insurer investigates the claim and UM coverage is typically the primary route to compensation while the driver stays unidentified.
Compensation Options When the Driver Is Never Found
Several paths to compensation exist after a hit and run accident in California, even without a name attached to the case.
- Uninsured Motorist (UM) Coverage. As of January 1, 2025, Vehicle Code § 16056 raised California’s minimum UM limits to $30,000 per person / $60,000 per accident under SB 1107, usually the fastest source of medical, wage, and pain-and-suffering compensation.
- MedPay or health insurance can front treatment costs while the claim proceeds, reimbursed from any later settlement.
- The California Victim Compensation Board reimburses certain crime-related medical and mental health expenses for qualifying, cooperating victims. It does not cover pain and suffering or property loss.
- A civil suit against the driver, if later identified, stays available within the statutory window above and can reach damages a criminal case doesn’t address.
- Punitive damages require clear and convincing proof, under Civil Code § 3294, that the driver acted with oppression, fraud, or malice, not something that follows automatically from fleeing.
The nuance most people miss: Proposition 213 bars an owner-operator who was uninsured at the time of the crash from recovering pain-and-suffering damages, even as the hit-and-run victim. Confirming your own policy status is one of the first things worth checking. With no driver identified, UM coverage and CalVCB are the two most immediate sources of recovery; a civil claim stays open if the driver is later found.
Secondary Claims: Who Else Can Recover
A spouse can bring a loss-of-consortium claim for damage to the marital relationship. A household member providing ongoing care may have a separate claim for that cost. If the crash caused a death, Code of Civil Procedure § 377.60 defines which family members have standing to bring a wrongful death action separate from the injury case, with its own damages categories.
What Most People Get Wrong
The most common mistake isn’t waiting too long to call the police; it’s assuming that because no driver was caught, there’s nothing left to do. Victims stop documenting treatment, let repair estimates lapse, or skip the UM claim because “there’s no one to sue.” That inactivity is what lets a UM claim weaken and the two-year window close quietly.
Frequently Asked Questions
Is fleeing the scene always a felony in California? Not always. Fleeing after an injury or fatal crash can be charged as a misdemeanor or felony under § 20001, depending on injury severity and driving record. Property-damage-only hit-and-runs are misdemeanors under § 20002. This applies to any hit and run accident in California, regardless of who’s ultimately found liable.
What’s the difference between UM coverage and CalVCB? UM coverage comes from your own auto policy and can pay medical bills, lost wages, and pain and suffering. CalVCB is a state fund with capped, narrower benefits that excludes pain and suffering and requires cooperation with the investigation.
Can I still sue if the driver is caught six months later? Yes. Within the two-year statute of limitations (CCP § 335.1), a later identification doesn’t erase the right to file a civil claim.
What if I was uninsured when I was hit? Under Proposition 213 (Civil Code § 3333.4), an uninsured owner-operator generally can’t recover pain-and-suffering damages, even as the victim. Economic damages, like medical bills, are typically still recoverable.
About Sasooness Law Group
Sasooness Law Group is a California injury firm built around handling every hit and run accident in California with the same urgency, whether the driver is found or not: adjusters move more slowly on claims without a name attached to fault. Offices in Woodland Hills, Beverly Hills, Victorville, San Jose, and Sacramento put a case team within reach across Los Angeles County, the San Fernando Valley, and the wider state, with the same footprint that lets the firm chase down UM claims and unidentified-driver cases that a smaller shop might pass on.
What Happens If You Call
Bring the police report number, whatever photos you took, and your insurance card; that’s it. Reach out to the team, and a case manager walks through what your UM policy actually covers before anyone talks settlement. It’s contingency work: no fee unless there’s a recovery, and no bill shows up in the mail either way.