After a hit and run in California, call 911, get checked by a doctor, and report the crash to law enforcement within 24 hours. Write down everything you remember about the fleeing vehicle, look for nearby cameras and witnesses, and notify your own insurance company right away so your uninsured motorist coverage stays available.
B&D Injury Law Group represents injured people across California. This article walks through what to do in the hours and days after a hit-and-run, who pays your medical bills when the driver is never identified, how police build these cases, and the deadlines that apply to your claim.
What Should You Do Right After a Hit-and-Run in California?
Get safe, call 911, and accept medical evaluation even if you feel fine. Then preserve evidence: photograph the scene and damage, write down every detail you recall about the other vehicle, and ask anyone who stopped for their name and phone number. Report the crash to police the same day.
The first hour matters more here than in an ordinary collision, because the other driver is gone and the physical evidence at the scene is the only record of what happened.
- Move out of traffic if you can do so safely, and turn on your hazard lights.
- Call 911. Ask for police and, if anyone is hurt, an ambulance.
- Write down or record a voice memo with the other vehicle’s color, make, model, damage, direction of travel, and any part of the license plate you saw.
- Photograph your vehicle, the debris field, skid marks, the roadway, traffic controls, and your visible injuries.
- Ask witnesses for contact information before they leave. Note anyone who says they saw the plate.
- Look up and around for cameras: doorbell cameras, business security cameras, parking structures, buses, and dashcams in nearby cars.
- Get medical care the same day, and tell the provider exactly how the crash happened.
- Report the crash to your own insurance company promptly, even if you do not know who hit you.
Camera footage is the single most common way an unknown driver gets identified, and most systems overwrite themselves within days. Asking a business for footage in the first 48 hours is often the difference between a solved case and an unsolved one.
What Counts as a Hit and Run in California?
A California hit and run happens when a driver involved in a collision leaves without stopping to identify themselves. It applies whether the crash caused injury, death, or only property damage, and it applies even if the driver who left was not the one at fault for causing the collision.
California’s Vehicle Code requires drivers involved in a crash to stop, provide their name, address, and vehicle registration information, and render reasonable assistance to anyone who is hurt. Leaving the scene without doing that is a separate crime from whatever caused the wreck.
| Type of hit-and-run | How it is generally charged | What it means for your civil claim |
|---|---|---|
| Property damage only (Vehicle Code section 20002) | Misdemeanor | Usually handled through collision coverage or a property damage claim |
| Injury to another person (Vehicle Code section 20001) | Can be charged as a misdemeanor or a felony depending on the facts | Supports a bodily injury claim; criminal restitution may also be ordered |
| Permanent, serious injury or death (Vehicle Code section 20001) | Charged as a felony | Often involves higher policy limits, multiple claimants, and a longer investigation |
A criminal case and your injury claim run on separate tracks. A conviction can help your civil case, but you do not have to wait for the criminal case to finish before pursuing compensation.
Who Pays Your Medical Bills If the Driver Is Never Found?
Uninsured motorist coverage on your own auto policy is the main source of payment when the at-fault driver is never identified. California policies treat an unknown hit-and-run driver as uninsured, but there are conditions, including that the phantom vehicle actually made contact with you or your vehicle.
Two other rules trip people up. Most California policies require you to report the hit-and-run to law enforcement within 24 hours and to give your insurer a sworn statement within a set period after the crash. Miss either one and the carrier may deny the claim on a technicality rather than on the merits.
Other coverage that may apply:
- Medical payments (MedPay) coverage, which pays medical bills regardless of fault.
- Collision coverage for vehicle repairs, subject to your deductible.
- Health insurance, which usually pays first and then asserts a lien or right of reimbursement out of any settlement.
- The California Victim Compensation Board, which may help crime victims with certain out-of-pocket costs when other sources are unavailable.
Because uninsured motorist claims are made against your own insurer, that company is on the other side of the negotiation. It will take a recorded statement, request your medical records, and evaluate the claim the way any liability carrier would.
How Do Police Investigate Hit and Runs in California?
Officers document the scene, collect any partial plate information, canvass for cameras, and enter the vehicle description into their systems. In many agencies, a traffic investigator follows up later. Whether the case gets sustained attention often depends on injury severity and the quality of the evidence gathered in the first days.
You can help. Provide the report number to your attorney, follow up in writing with the investigating officer, and pass along any footage you or a neighbor located. If the collision happened on a state highway or freeway, the California Highway Patrol likely handled it; on surface streets, it is usually city police or the county sheriff.
Hit and runs in California are also investigated through repair shops. A vehicle with front-end damage and no accident report sometimes surfaces through a body shop or an insurance claim filed days later.
How Long Do You Have to File a Hit-and-Run Injury Claim?
California generally gives you two years from the date of injury to file a personal injury lawsuit, under Code of Civil Procedure section 335.1. Property damage claims generally get three years. Uninsured motorist claims have their own contractual deadlines, which are often shorter and are set by your policy.
Different rules apply if a government vehicle or a public entity is involved. In that situation, you generally must present a written administrative claim within six months under Government Code section 911.2 before you can sue. That six-month window closes quickly and is easy to miss while you are still in treatment.
What Mistakes Can Hurt Your Claim?
The most damaging mistakes are delay-based: waiting to report the crash, waiting to see a doctor, and waiting to request camera footage. Insurers use every gap in treatment as an argument that you were not really hurt, and cameras overwrite footage on their own schedule.
Other common problems:
- Giving a recorded statement before you understand the full extent of your injuries.
- Posting about the crash or your activities on social media.
- Guessing at facts you are not sure about instead of saying you do not know.
- Accepting a fast settlement before the treating doctor has explained your prognosis.
- Assuming nothing can be done because the driver was never caught.
How Can a Lawyer Help After a Hit-and-Run?
A lawyer can send preservation letters for camera footage, obtain the traffic collision report, deal with the uninsured motorist carrier, coordinate medical liens, and track the deadlines that apply to your claim. That work is time-sensitive, which is why early contact tends to matter more in these cases than in ordinary collisions.
An attorney can also press the identification effort in parallel with police, through subpoenas, canvassing, and follow-up with the investigating agency. If the driver is identified later, the claim can shift from an uninsured motorist claim to a claim against that driver’s liability policy.
Frequently Asked Questions
Is a hit and run a felony in California?
It depends on the harm caused. Leaving the scene of a crash that involved only property damage is generally charged as a misdemeanor. Leaving the scene of a crash that injured someone can be charged as either a misdemeanor or a felony, and cases involving permanent serious injury or death are charged as felonies. The decision belongs to the prosecutor, not to you.
Can I still recover money if the driver is never identified?
Often yes, through the uninsured motorist coverage on your own auto policy. California treats an unidentified hit-and-run driver as an uninsured driver, subject to conditions such as physical contact between the vehicles and prompt reporting to law enforcement. MedPay, collision coverage, and health insurance may also apply. Whether coverage exists depends on the specific language in your policy.
Do I have to report a hit-and-run to the police?
You should, and in practical terms you almost always must. Most California uninsured motorist provisions require notice to law enforcement within 24 hours of a hit-and-run. A police report also creates a contemporaneous record of the crash, which protects you if the insurer later questions whether the collision happened the way you described.
Will my rates go up if I use my own uninsured motorist coverage?
California law limits insurers from surcharging a policyholder who was not substantially at fault for a collision. A hit-and-run where another driver struck you and fled is generally not your fault. If your carrier raises your premium after such a claim, that is worth reviewing, because the rate change may not be permitted.
How long does a hit-and-run claim take to resolve?
It varies with how long your medical treatment lasts, whether the driver is identified, and how the insurer handles the file. Claims usually are not settled until treatment is complete or your doctor can describe your long-term prognosis, because that is when the full extent of the harm is known. Some resolve in months; disputed claims take longer.
If you were hurt by a driver who left the scene, the sooner someone starts preserving evidence, the better your position. You can learn more about how we handle California car accident claims, read about dealing with insurance companies, browse common questions from injured clients, or contact B&D Injury Law Group to talk through your situation.
This article is provided for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Every case is different and past results do not guarantee a similar outcome. If you have been injured, speak with a licensed attorney about your specific situation.