Published: February 2019 Updated: June 2026
A driver hits your car and takes off. It happens in seconds, and it leaves you with damage, possible injuries, and no one to hold accountable — at least not yet.
Hit-and-run accidents are one of the most frustrating situations a California car accident victim can face. But you have more options than you might think, even when the other driver is never found. Here’s what to know.
Key Takeaways
- Stay at the scene. Leaving before police arrive can make you look like the at-fault party, even if you weren’t.
- Document everything immediately. Photos, witness contacts, and your own account of the crash matter more when the other driver is gone.
- California law requires drivers to stop. Fleeing is a criminal offense under CVC § 20001 and § 20002, which can work in your favor if the driver is caught.
- You may still have a claim even if the driver is never identified. Uninsured motorist coverage and other policies can apply.
- Surveillance and dashcam footage can be critical. Law enforcement and attorneys can often track down evidence you don’t know exists.
- An attorney can help even before a driver is identified. Acting early protects your evidence and your claim.
Hit and Run Accidents in California: A Growing Problem
Hit-and-run crashes are becoming more common, not less. According to a 2026 report by KTVU citing AAA Foundation for Traffic Safety research, roughly 15% of all reported crashes in the United States now qualify as hit-and-runs, the highest recorded percentage in recent years.
California’s Numbers
California’s numbers are especially sobering:
- 1 in 10 deadly crashes in California involved a driver who fled the scene
- 1 in 4 people killed in hit-and-run crashes nationally in 2023 were pedestrians or cyclists
- Among identified hit-and-run drivers, 40% had no valid driver’s license, and more than half were not driving a vehicle registered in their name
Why Drivers Flee — and Why It Affects Your Claim
Drivers flee for a range of reasons: no license, no insurance, outstanding warrants, impairment. Whatever the motivation, fleeing the scene is a criminal offense in California under Vehicle Code § 20001 (injury accidents) and § 20002 (property damage). That criminal exposure can work in your favor. It creates legal pressure on identified drivers and gives law enforcement a stronger incentive to investigate.
What to Do Immediately After a Hit and Run Accident
Stay at the Scene
Do not leave before law enforcement arrives. Under California law, drivers involved in any accident must stop and exchange information. Leaving, even as the victim, can complicate your insurance claim and weaken your account of what happened.
Call 911
Report the accident immediately. A police report is essential for your insurance claim and any potential legal action. Give the dispatcher as much detail as you can about the other vehicle: color, make, model, partial plate, direction of travel, and any identifying features of the driver you may have seen.
Get Medical Attention
If you or anyone else is injured, request emergency medical help. Even if you feel fine, get evaluated. Adrenaline can mask pain, and injuries like whiplash, concussion, or internal trauma may not be obvious right away. A medical record from the date of the accident is important if you later pursue compensation.
Document Everything You Can
While waiting for police, gather as much information as possible:
- Photograph the scene. Capture your vehicle, any debris, road conditions, skid marks, traffic signs, and surrounding businesses or intersections.
- Note the details. Time, weather, the direction the other vehicle came from and fled to, any partial plate or vehicle description.
- Talk to witnesses. Bystanders may have seen more than you did, or may have captured video on their phones. Get names and contact information.
- Look for cameras. Note any traffic cameras, business security cameras, or dashcams on nearby vehicles that may have captured the crash.
Follow Up with Law Enforcement
Hit-and-run investigations can take time, especially when witnesses are limited. Stay in contact with the investigating officer and ask for updates. Police have access to traffic camera networks and can request footage from private security systems, evidence you can’t obtain on your own.
Can You File a Claim If the Driver Is Never Found?
Yes, and this surprises many people. Your ability to recover compensation doesn’t depend entirely on the other driver being identified.
Uninsured Motorist Coverage
California requires insurers to offer uninsured motorist (UM) coverage, though drivers can decline it in writing. If you have UM coverage, it can apply to hit-and-run accidents, treating the unknown driver as an uninsured motorist. This can cover your medical expenses, lost wages, and pain and suffering even if the driver is never caught.
Review your policy carefully, and if your insurer pushes back on your claim, an attorney can help. The attorneys at Penney & Associates have written about navigating accidents with uninsured drivers in California — worth reading before you file.
Collision and Medical Payments Coverage
Comprehensive collision coverage can help pay for repairs to your vehicle regardless of fault. Medical payments (MedPay) coverage, if you carry it, can help with initial treatment costs. Neither requires the other driver to be found.
What If Your Coverage Falls Short?
California’s minimum insurance requirements — bodily injury liability and property damage liability — only cover damage you cause to others. They do not cover your own vehicle or your own injuries if you’re the victim. If you’re underinsured, that gap becomes painfully clear in a hit-and-run. It’s worth reviewing your policy before you’re in this situation.
Filing a Claim Against an Identified Hit and Run Driver
If the driver is found, you have the right to file a personal injury claim against them directly. California’s pure comparative fault rules apply, meaning even if you share some responsibility for the crash, you can still recover damages proportional to the other driver’s fault.
What If the Driver Didn’t Actually Hit You?
You may still have a claim. If a driver’s reckless behavior — cutting you off, running a red light, driving erratically — caused you to swerve and crash into another vehicle or object, that driver can be held liable under California Vehicle Code § 23103 even if there was no direct contact. The key is establishing that their conduct caused the accident.
The Role of Evidence
Modern technology has made identifying hit-and-run drivers more achievable than it once was. Traffic cameras, private security systems, dashcam footage, and bystander cell phone video all give law enforcement and attorneys tools that didn’t exist a decade ago. A dashcam can be one of the most valuable investments a California driver makes, not just for hit-and-run situations, but for any disputed accident.
Frequently Asked Questions About Hit and Run Accidents in California
Do I have to report a hit and run to the DMV?
Yes. California law requires you to file a report with the DMV within 10 days if the accident resulted in injury, death, or property damage over $1,000, regardless of whether the other driver was identified. Use form SR-1, available on the DMV website. Failing to report can affect your insurance and your legal standing.
How long do I have to file a hit and run injury claim in California?
In most cases, California’s statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit. If a government entity is involved — for example, if a poorly maintained road contributed to the crash — the deadline may be significantly shorter. Consult an attorney early to protect your options.
What if the hit and run driver is found after I’ve already settled with my insurer?
This is a situation worth discussing with an attorney before you accept any settlement. Once you settle with your UM insurer, your ability to pursue the identified driver separately may be limited depending on the terms of that settlement. An attorney can help you structure any resolution to preserve your options.
Can I sue a hit and run driver who has no insurance?
You can file a lawsuit, but collecting a judgment against an uninsured driver can be difficult in practice. An attorney can assess whether the driver has assets worth pursuing and advise on the best path to recovery, which may involve your own UM coverage rather than direct litigation.
Will filing a hit and run claim raise my insurance rates?
It depends on your insurer and policy. In California, insurers generally cannot raise your rates for a not-at-fault claim, but the specifics vary. Review your policy and consider speaking with your agent before filing, and consult an attorney if your insurer handles the claim in a way that seems unfair.
Contact Penney & Associates Personal Injury Attorneys
At Penney & Associates, we’ve spent more than 35 years fighting for injured Californians. Our bilingual, compassionate team of seasoned trial lawyers knows how to build hit-and-run cases, from tracking down surveillance footage to taking on insurers who undervalue your claim.
We have offices across California, including Sacramento, Roseville, Los Angeles, San Francisco, San Diego, and beyond.
Contact us for a free consultation.
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