A hit-and-run accident can leave you feeling angry, helpless, and confused — especially when the at-fault driver disappears. But even without knowing who hit you, you still have powerful legal options to recover compensation under California law.
Here’s a step-by-step guide to protecting your rights and maximizing your financial recovery after a hit-and-run crash in California.
1. Ensure Safety and Call 911 Immediately
Your first priority is safety. Move to a safe location if possible and call 911 right away. Request medical help if you or anyone else is injured.
Even if the accident seems minor, don’t leave the scene — doing so can affect your insurance claim and legal standing. Wait for law enforcement to arrive and document the incident officially.
2. Gather as Much Evidence as You Can
Every detail counts in a hit-and-run investigation. Before leaving the scene:
- Take photos of the damage to your car, skid marks, debris, and surrounding area.
- Photograph license plate fragments, if any, and the direction the fleeing vehicle took.
- Get contact info from any witnesses.
- Note time, location, and weather conditions.
If nearby businesses or homes have security cameras, note their addresses — your attorney can help secure this footage quickly before it’s deleted.
3. File a Police Report — It’s Required
In California, you must report any accident involving injury, death, or property damage exceeding $1,000.
For a hit-and-run, it’s especially crucial. The police report:
- Creates official documentation for your insurance claim.
- Starts an investigation that may locate the driver.
- Protects you legally if the other driver later makes false claims.
Request a copy of the report number — your attorney and insurer will need it.
4. Notify the DMV
Under California Vehicle Code §16000, you must report an accident to the DMV within 10 days if anyone was injured or property damage exceeds $1,000 — even if you weren’t at fault.
Failure to report can result in license suspension, so don’t skip this step.
5. Contact Your Insurance Company — But Be Cautious
Notify your insurer as soon as possible, but be mindful about what you say. Stick to the facts and avoid speculation.
If you have Uninsured Motorist (UM) coverage, it may compensate you for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
You can often recover as if the fleeing driver had been identified and insured. However, insurers may try to minimize payout amounts — so it’s best to have a lawyer handle communication.
6. Consult a Personal Injury Attorney Right Away
An experienced car accident lawyer can help you:
- Investigate the hit-and-run using surveillance and witness statements.
- File timely claims with your insurance (and the DMV).
- Negotiate aggressively under your UM coverage.
- Pursue other liable parties (e.g., employers, vehicle owners, or government entities if applicable).
At WIN Trial Lawyers, we fight to ensure victims of hit-and-run crashes recover every dollar they deserve — even when the other driver can’t be found.
7. Understand the Time Limits (Statute of Limitations)
In California, you generally have two years from the date of the accident to file a personal injury claim.
However, UM claims often have shorter deadlines under your insurance policy (sometimes as little as six months).
Consult a lawyer immediately to preserve your rights and prevent a missed deadline.
8. What If the Other Driver Is Found?
If law enforcement identifies the driver, you may pursue a civil lawsuit for damages.
In addition to compensatory damages, California law may allow punitive damages if the driver’s behavior was reckless, such as driving under the influence or intentionally fleeing the scene.
Key Takeaways
✅ Stay calm and safe — call 911 immediately.
✅ Document everything — photos, witnesses, police report.
✅ Report to DMV and insurer promptly.
✅ Use your Uninsured Motorist coverage to recover losses.
✅ Hire an experienced hit-and-run attorney to maximize your claim.
If you’ve been injured in a hit-and-run accident, don’t face the aftermath alone.
Contact WIN Trial Lawyers today for a free, no-obligation consultation.
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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.
