What Happens If You Are Injured in a Hit and Run Accident in California?

California Hit and Run Laws

California takes hit and run offenses extremely seriously. Under state law, every driver involved in an accident is required to stop, exchange information, and render reasonable aid to anyone who is injured. Failing to do so is a crime — and depending on the severity of injuries, it can be charged as either a misdemeanor or a felony.

A violation of CVC § 20001 (injury or death) is a wobbler offense in California, meaning prosecutors can charge it as either a misdemeanor or felony depending on the circumstances. Felony hit and run carries up to 4 years in state prison and fines up to $10,000. If the accident caused death or permanent serious injury, the sentence can increase to up to 6 years.

For property damage only, CVC § 20002 makes it a misdemeanor punishable by up to 6 months in jail and a $1,000 fine. But if you were injured, the at-fault driver is almost certainly facing felony charges — which strengthens your civil claim for damages.

What to Do Immediately After a Hit and Run

The moments after a hit and run are chaotic, but the actions you take at the scene and in the following hours can make or break your ability to recover compensation. Even though the other driver fled, there is still critical evidence to preserve and steps to follow.

The Critical Role of the Police Report

A police report is not just a formality — it’s the foundation of your entire claim. Insurance companies require it to process hit and run claims, and it creates an official record linking your injuries to the accident. When you call 911, specifically tell the dispatcher it was a hit and run so the responding officers know to document it as such and begin an investigation to identify the fleeing driver.

If you’re unable to file a report at the scene (for example, if you’re transported to the hospital), file one as soon as you’re able. Most California law enforcement agencies allow you to file a report within 24 hours of the incident.

Insurance Options for Hit and Run Victims

Here’s the question most hit and run victims ask first: How do I get compensation if the other driver disappeared? The answer depends largely on your own insurance coverage — specifically, whether you carry uninsured motorist (UM) coverage.

Uninsured Motorist (UM) Coverage

UM coverage is the single most important protection for hit and run victims. It pays for your medical bills, lost wages, and pain and suffering when the at-fault driver is uninsured — or, critically, unidentified. In a hit and run where the driver is never found, your UM policy essentially steps into the role of the other driver’s insurance.

California law (Insurance Code § 11580.2) requires all auto insurers to offer UM coverage to policyholders. However, you can decline it in writing. If you’re unsure whether you have it, check your declarations page or call your insurance agent.

MedPay (Medical Payments Coverage)

MedPay covers medical expenses for you and your passengers regardless of who caused the accident. It pays out quickly — often before a UM claim is resolved — and can cover ambulance rides, emergency room visits, surgery, and follow-up care. MedPay does not cover lost wages or pain and suffering, but it bridges the gap while your primary claim is processed.

Collision Coverage

If you carry collision coverage, it will pay to repair or replace your vehicle after a hit and run — minus your deductible. In California, if the at-fault driver is later identified, your insurer can pursue them through subrogation to recover the deductible.

What If You Don’t Have UM Coverage?

If you declined UM coverage and the hit and run driver is never found, your options are more limited. MedPay (if you have it) covers medical bills. Collision covers vehicle damage. But for lost wages, pain and suffering, and damages beyond your policy limits, you would need the at-fault driver to be identified and pursued in a civil lawsuit. This is why UM coverage is so critical.

Tipos de Compensación Disponibles

Whether you’re filing a UM claim against your own insurer or a lawsuit against an identified hit and run driver, California law entitles you to several categories of compensation.

Daños Económicos

• Gastos médicos — Emergency care, hospitalization, surgery, medications, physical therapy, and ongoing treatment
• Costos médicos futuros — Projected expenses for surgeries, rehabilitation, or long-term care resulting from your injuries
• Salarios perdidos — Income lost during recovery, including sick days and vacation time used
• Pérdida de capacidad de ganancia — Reduced ability to earn income in the future due to permanent injuries or disabilities
• Daño a la propiedad — Vehicle repair or replacement, personal belongings damaged in the crash

Daños No Económicos

• Dolor y sufrimiento — Dolor físico causado por lesiones y tratamientos médicos
• Angustia emocional — Anxiety, PTSD, fear of driving, sleep disturbances, and psychological trauma
• Pérdida del disfrute de la vida — Incapacidad para participar en actividades que disfrutabas antes del accidente
• Disfigurement or scarring — Permanent physical changes resulting from the accident

Daños punitivos

If the hit and run driver is identified and you file a civil lawsuit, you may be entitled to punitive damages. California courts can award punitive damages when the defendant’s conduct was especially reckless or malicious. Fleeing the scene of an accident that caused injuries — particularly when the driver was intoxicated — may support a punitive damages claim.

What Happens If the Driver Is Found

In many hit and run cases, the driver is eventually identified — through witness tips, surveillance footage, license plate readers, vehicle debris matching, or the driver turning themselves in. When this happens, your legal options expand significantly.

Criminal Prosecution

The district attorney may file criminal charges under CVC § 20001. If convicted, the driver faces prison time, fines, restitution to victims, and a permanent criminal record. The criminal case is handled by prosecutors — you don’t control it. However, a criminal conviction strengthens your civil case because it establishes the driver’s wrongdoing as a matter of law.

Civil Lawsuit for Damages

Separately from the criminal case, you can file a personal injury lawsuit against the identified driver. This allows you to pursue the full range of damages — including compensation that may exceed your UM policy limits. If the driver has assets or seguro de auto, a civil judgment can recover significantly more than a UM claim alone.

Statute of Limitations and Important Deadlines

California imposes strict deadlines on personal injury claims. Missing a deadline can permanently bar you from recovering any compensation — no matter how strong your case is.

Personal Injury Claims: 2 Years

Under California Code of Civil Procedure § 335.1, you have 2 years from the date of the accident to file a personal injury lawsuit. This applies to lawsuits against identified hit and run drivers. If you miss this deadline, the court will almost certainly dismiss your case.

Government Entity Claims: 6 Months

If the hit and run driver was operating a government vehicle (a city bus, county truck, or state vehicle), different rules apply. You must file an administrative claim with the responsible government agency within 6 meses of the accident — not 2 years. Only after the agency denies your claim can you proceed with a lawsuit.

UM Claim Deadlines

Your own insurance policy may have specific deadlines for reporting hit and run accidents and filing UM claims. Many policies require “prompt” reporting — typically within 24 to 72 hours. Review your policy carefully or consult an attorney to ensure you don’t miss any insurer-imposed deadlines.