Hit and Run Injury Lawyer in California
Being injured in a hit and run accident creates an immediate and frightening problem: the person responsible for your injuries has fled, and you may not know how to pursue compensation. Many hit and run victims assume they have no legal options when the at-fault driver cannot be identified. That assumption is wrong.
California law and the insurance system provide meaningful paths to recovery for hit and run victims — but those paths require prompt action and an understanding of how they work. Wilshire Law Firm represents hit and run injury victims throughout California, helping them access every available source of compensation.
What to Do Immediately After a Hit and Run in California
The steps you take in the immediate aftermath of a hit and run accident significantly affect your ability to recover compensation. If you have been struck by a driver who fled the scene:
1. Call 911. Report the accident and request medical assistance if needed. A police report is essential — it creates an official record of the incident, documents any information captured about the fleeing vehicle, and is required by most insurance companies before processing a claim.
2. Document everything at the scene. Photograph your vehicle, your injuries, road conditions, nearby traffic cameras, and any debris. If the hit and run vehicle left paint transfer or parts behind, photograph those too.
3. Gather witness information. Eyewitness accounts of the fleeing vehicle — including color, make, model, and partial plate numbers — can be critical for identifying the responsible driver later. Dashcam footage from your vehicle or bystanders’ devices may also capture useful information.
4. Seek medical attention promptly. Even if your injuries seem minor at the scene, some serious injuries — including traumatic brain injuries and internal injuries — may not present obvious symptoms immediately. A medical evaluation documents your injuries and connects them to the accident.
5. Report to the California DMV. California Vehicle Code § 16000 requires drivers involved in accidents resulting in injury or death, or property damage over $1,000, to report the incident to the DMV within 10 days.
6. Notify your insurance company. Report the accident to your insurer as soon as possible. Delays can complicate your claim.
7. Contact an attorney. A hit and run accident attorney can investigate the incident, identify available insurance coverage, and help you pursue every source of compensation.
How Uninsured Motorist Coverage Works in Hit and Run Cases
The primary source of compensation for most hit and run victims is uninsured motorist (UM) coverage under their own auto insurance policy.
California Insurance Code § 11580.2 requires all California auto insurers to offer uninsured motorist coverage. When a hit and run driver cannot be identified — making them effectively “uninsured” for purposes of your claim — your own UM coverage steps in as the source of compensation.
How the UM claim process works:
- You file a UM claim with your own insurer
- Your insurer effectively steps into the shoes of the at-fault driver for purposes of the claim
- You must demonstrate that the accident occurred, that a third-party vehicle was involved, and that you sustained injuries
- Most policies require that you reported the accident to law enforcement — this is why filing a police report promptly matters
An important misconception: Many people believe that filing a UM claim will cause their insurance rates to increase. Under California law, an insurer generally cannot raise your rates solely because you filed an uninsured motorist claim arising from a hit and run accident where you were not at fault. Your attorney can review your specific policy provisions.
Minimum UM coverage limits in California: California law requires insurers to offer UM coverage in minimum amounts of $15,000 per person and $30,000 per accident — though the limits in your policy may be higher. When damages exceed your UM policy limits, other sources of compensation may be available.
The John Doe Defendant: When the Driver Is Unknown
When a hit and run driver’s identity is unknown, California law provides a mechanism to protect your legal rights through what is commonly called a “John Doe” defendant.
Under California Code of Civil Procedure § 474, you can name “John Doe” as a defendant in your lawsuit when you do not yet know the at-fault party’s identity. This preserves your legal claims while investigation continues. If the driver is later identified — through law enforcement, private investigation, witness information, or traffic camera footage — the complaint can be amended to name them.
This procedure has statute of limitations implications. An attorney familiar with hit and run cases can ensure your rights are protected within the required timeframes.
What If You Were a Pedestrian or Cyclist Hit and Run Victim?
Pedestrians and cyclists struck by hit and run drivers face a specific challenge: if they do not own a vehicle with uninsured motorist coverage, they may not have direct access to UM benefits through their own auto policy.
However, other sources of coverage may apply:
- UM coverage under a household family member’s auto policy may extend to you if you reside in the same household
- Some homeowners or renters insurance policies include personal liability and accident coverage that may apply
- If the hit and run occurred on public property in dangerous conditions, there may be claims against a government entity
The availability of coverage depends on the specific facts and policies involved. An attorney can identify what sources of recovery are available in your situation.
Criminal vs. Civil Hit and Run Proceedings
A hit and run accident can give rise to both criminal and civil proceedings, and they operate independently of each other.
Criminal proceedings: Hitting another person and fleeing the scene is a crime in California. A hit and run resulting in injury is a felony under California Vehicle Code § 20001. A hit and run causing property damage only is a misdemeanor under § 20002. Criminal charges are brought by the state, not by the victim.
Civil proceedings: A civil personal injury claim is brought by you (or your attorney on your behalf) to seek compensation for your injuries and losses. The civil standard of proof — preponderance of the evidence — is lower than the criminal standard. A criminal conviction of the at-fault driver strengthens a civil case significantly, but is not required. You can pursue a civil claim even if criminal charges were never filed or resulted in acquittal.
Damages Available to Hit and Run Victims
Hit and run victims who were injured by another driver’s negligence can seek compensation for:
- Medical expenses — emergency treatment, hospitalization, surgery, follow-up care, and rehabilitation
- Future medical costs — ongoing treatment for serious or permanent injuries
- Lost wages — income lost during recovery
- Loss of earning capacity — reduced ability to work due to lasting injuries
- Pain and suffering — physical pain and emotional distress caused by the accident and injuries
- Property damage — repair or replacement of your vehicle
In cases where the driver is identified and their conduct was particularly egregious, punitive damages may also be available.
California’s Statute of Limitations for Hit and Run Claims
For a personal injury claim against an identified hit and run driver, the statute of limitations is generally two years from the date of the accident under California Code of Civil Procedure § 335.1.
For a UM insurance claim, the timeline may be governed by your policy terms and California insurance regulations. It is important to consult an attorney as soon as possible to ensure all applicable deadlines are met.
Why Choose Wilshire Law Firm
Wilshire Law Firm has represented injured Californians in serious accident cases for years. Our attorneys understand the specific challenges hit and run cases present — from accessing UM coverage to preserving evidence in cases where the at-fault driver has fled. We handle these cases throughout California, including Los Angeles, San Diego, Irvine, Sacramento, Oakland, and the surrounding communities.
We work on a contingency fee basis — no fees unless you get paid. There are no upfront costs to pursue your claim.
Frequently Asked Questions
What if the hit and run driver is never found?
Your primary source of compensation is your own uninsured motorist coverage, which applies specifically in hit and run situations where the at-fault driver cannot be identified. The strength of your claim depends on your UM policy limits and the extent of your injuries.
Does filing a UM claim raise my insurance rates?
California law generally prohibits insurers from raising rates solely because you filed a UM claim for a hit and run accident in which you were not at fault. Review your policy or consult an attorney for guidance on your specific situation.
How long do I have to file a hit and run claim in California?
Generally two years from the date of the accident for a personal injury lawsuit. UM insurance claim deadlines may differ and are set by your policy. Consult an attorney promptly.
Can I sue for a hit and run if I was a pedestrian?
Yes. Pedestrians injured by hit and run drivers can pursue legal claims, though the available insurance coverage depends on whether you or a household family member holds a policy with UM coverage. An attorney can identify all available sources of recovery.
What if the hit and run driver is caught later?
If the driver is identified after your UM claim is already underway, the claim structure may shift. Your attorney can advise on how to proceed to maximize your recovery from all available sources.
Contact Wilshire Law Firm
If you were injured in a hit and run accident in California, contact Wilshire Law Firm for a free and confidential consultation. Our attorneys will assess your situation, identify available insurance coverage, and outline the legal options available to you.
No fees unless you get paid. Available 24/7.
