When another driver crashes into you and speeds away, it can feel like being struck twice—once by the car and again by the unfairness. You’re left with injuries, vehicle damage, and one big question: who pays when the at-fault driver disappears?
At WIN Trial Lawyers, we help Californians stand up after devastating hit-and-run crashes. Here’s what you need to know about your rights, insurance coverage, and next steps.
What Is a Hit-and-Run Under California Law?
In California, any driver involved in an accident must stop and exchange information—whether or not anyone is injured. Failing to do so is a hit-and-run, which is a crime.
- Property-damage only accidents: The driver must stop, move out of traffic if safe, and either locate the owner or leave a note with contact information.
- Injury or fatality accidents: The driver must also provide reasonable assistance—calling 911, helping injured parties, or transporting them for medical care.
Leaving the scene can lead to criminal charges and even jail time. But unfortunately, many hit-and-run drivers are never caught.
Who Pays After a Hit-and-Run Accident?
Your ability to recover compensation depends on whether the fleeing driver is found and what insurance coverage you have.
1. If the Driver Is Found
If law enforcement tracks down the hit-and-run driver, their liability insurance becomes responsible for your losses—just like in any other crash. Their insurer can be forced to pay for:
- Vehicle repairs or replacement
- Medical expenses
- Lost wages
- Pain and suffering
If your insurance already paid to fix your car, your insurer can pursue the other driver’s carrier to recover what it paid (a process called subrogation).
2. If the Driver Is Not Found
This is where most hit-and-run victims end up—and where your own policy becomes crucial.
Uninsured Motorist (UM/UIM) Coverage
California law treats an unknown hit-and-run driver as an uninsured motorist. If you have UM/UIM coverage, your own insurer may pay for:
- Your medical bills
- Lost income
- Pain and suffering
- Vehicle damage (if your policy includes property-damage coverage)
💡 Tip: To qualify, most insurers require proof that a hit-and-run actually occurred—so always file a police report right away.
Collision Coverage
If you purchased collision coverage, it will pay to repair your vehicle—minus your deductible—even if the other driver is never identified.
Deductible Waiver
Some policies include a hit-and-run deductible waiver, meaning you won’t have to pay your deductible when the at-fault driver flees. Ask your insurance agent if yours includes this option.
What If You Don’t Have the Right Coverage?
Without collision or UM/UIM coverage, your options are limited unless police find the other driver. In that case, you may have to pay for repairs and medical costs out of pocket—or pursue a civil lawsuit if the driver is later identified.
Medical Bills After a Hit-and-Run
If the other driver is located, their insurance must pay for your medical expenses, rehabilitation, and other damages.
If not, your UM/UIM coverage or MedPay benefits (if you purchased them) can help cover hospital bills, even before fault is determined.
What To Do Right After a Hit-and-Run
Every action you take after the crash can affect your ability to recover compensation. Here’s what to do:
- Stay calm and get safe. Move to a secure location away from traffic.
- Call 911 immediately. Get medical help and report the fleeing driver.
- Document everything. Take photos of your car, the scene, and any skid marks or debris.
- Gather witness info. Get names, phone numbers, and any details about the other vehicle.
- File a police report. This is essential for insurance and legal claims.
- Notify your insurer. Report the crash promptly and confirm your coverage.
- Call WIN Trial Lawyers. Our attorneys can investigate, deal with insurance, and fight to get you every dollar you’re owed.
How Long Do You Have To File a Claim?
In California, you generally have two years from the date of the accident to file a lawsuit for personal injury. For uninsured motorist claims, insurance policies often have strict notice deadlines—sometimes just 30 days to report the crash.
Don’t wait. Acting quickly helps preserve your evidence and protect your rights.
Prevent Future Problems
- Carry Uninsured/Underinsured Motorist coverage if you can afford it—it’s one of the smartest investments a driver can make.
- Ask your insurer about a hit-and-run deductible waiver.
- Keep a dash camera in your vehicle—it can make identifying the fleeing car possible.
- Remember: California law forbids insurers from raising your rates if you were the victim of a hit-and-run.
Injured in a Hit-and-Run? We’ll Help You WIN.
At WIN Trial Lawyers, we don’t back down when the other driver disappears. Our legal team investigates, tracks down evidence, and forces insurance companies to do what’s right.
If you were injured in a California hit-and-run crash, you still have options—and we’ll make sure you use every one of them.
Protect Your Rights with WIN Trial Lawyers
At WIN Trial Lawyers, we know how devastating distracted driving accidents can be. Victims often face mounting medical bills, lost wages, and emotional trauma. Our team has successfully taken on insurance companies and distracted drivers, recovering millions for injured clients.
If you or a loved one has been injured in a speeding-related car accident, don’t leave your future in the hands of the insurance company. You need experienced trial lawyers who know how to prove liability and fight for maximum compensation.
If you or a loved one has been injured in a distracted driving accident, don’t face this alone. The sooner you act, the stronger your case will be.
