Hit and Run Accidents in California: Can You Still File a Claim?
A car hits you, then speeds away. No apology. No exchange of information. No accountability.
Being the victim of a hit and run accident is deeply frustrating — and often traumatic. Many people assume there’s nothing they can do if the other driver disappears, but that’s not true.
In California, you may still be able to recover compensation even if the at-fault driver is never identified. Here's how the process works — and how uninsured motorist (UM) coverage can help you move forward.
What Is a Hit and Run Accident?
A hit and run occurs when a driver causes a crash — with another car, a pedestrian, or a cyclist — and leaves the scene without providing their information or assisting the injured.
Under California Vehicle Code § 20001, drivers involved in an accident that results in injury or death are legally required to:
- Stop at the scene
- Provide their name, address, and vehicle registration
- Offer reasonable aid to anyone injured
- Notify law enforcement
Failing to do so is not just a traffic violation — it’s a criminal offense. A hit and run causing injury can be charged as a misdemeanor or felony, depending on the severity of the harm.
Unfortunately, despite these legal requirements, many drivers still flee to avoid responsibility — which is why it’s so important to act quickly and know your rights.
What to Do Immediately After a Hit and Run Crash
If you’ve been involved in a hit and run:
- Call 911 and report the crash immediately
- Get medical attention as soon as possible
- Write down everything you remember about the vehicle (color, make, model, license plate digits)
- Look for witnesses who saw the crash and can help identify the driver
- Check for nearby surveillance cameras or dash cams
- Take photos of your vehicle damage and injuries
- File a police report — this step is crucial for insurance claims
- Contact a personal injury lawyer before speaking with insurance companies
Acting quickly helps preserve evidence and strengthens your chance of receiving compensation.
Can You File a Claim If the Driver Is Never Found?
Yes — you can still file an insurance claim even if the at-fault driver is never located, as long as you have uninsured motorist (UM) coverage.
In California, UM coverage is not required by law, but it’s highly recommended. If you have it, your own policy may cover:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage (if you have uninsured motorist property damage or collision coverage)
UM coverage is designed for exactly this type of situation — when the other driver has no insurance or can’t be identified.
What If I Don’t Know Whether I Have UM Coverage?
If you’re unsure, check your auto insurance declarations page or contact your insurer. UM coverage in California is typically included unless you opted out in writing.
A personal injury attorney can also review your policy, contact your insurer on your behalf, and confirm what coverage is available to support your claim.
How a Lawyer Can Help After a Hit and Run
Hit and run cases can be more complex than standard injury claims — especially when dealing with your own insurance company. Having a lawyer on your side ensures that:
- All available evidence is gathered to support your claim
- The police report and any witness accounts are properly documented
- You’re not pressured into settling for less than your case is worth
- UM and other policy benefits are properly applied
- Medical bills, lost income, and future care are fully accounted for
- Lien-based care is arranged if you need treatment but can’t pay upfront
Even if the other driver isn’t found, you still have rights — and you still have options.
Why These Claims Are Often Undervalued
Insurance companies sometimes treat UM claims with added skepticism — especially if no witness or footage is available. They may:
- Question whether the crash actually involved a hit and run
- Claim your injuries aren’t serious
- Offer a low settlement before you’ve finished treatment
Having legal representation helps level the playing field. Your lawyer can handle the negotiations, fight back against unfair tactics, and push for a full recovery under your policy.
Hit and Run Injury? Don’t Assume You’re Out of Options.
Being hit by a driver who flees the scene is overwhelming — but you are not powerless. With the right coverage and legal help, you may still be able to recover the compensation you need to heal and move forward.
Call Lawyer Gigi today for a free consultation.
We’ll explain your options, review your policy, and help you build a strong hit and run injury claim — even if the other driver is never found.
