Hit-and-run accidents: When the at-fault driver flees the scene without providing information, you face unique challenges in recovering compensation. You cannot file a traditional third-party liability claim if you cannot identify the driver. Instead, you must turn to your own insurance—specifically, your uninsured motorist (UM) coverage.
Most states (including California) allow UM coverage for hit-and-run accidents, but strict requirements apply: you typically need physical contact between the fleeing vehicle and your vehicle or person, and you must file a police report promptly. This guide covers how to document hit-and-run accidents, meet UM coverage requirements, and write effective demand letters to your own insurer.
I'm an attorney who handles hit-and-run UM demand letters personally. If your accident occurred in California, see the California car accident demand letters guide for state-specific rules.
A hit-and-run accident occurs when a driver involved in a collision flees the scene without stopping to exchange information or render aid, as required by law. In most states, drivers are legally required to:
When the at-fault driver cannot be identified, you have no one to sue in a third-party liability claim. Instead, you file a claim under your own uninsured motorist (UM) coverage. The logic:
UM coverage requirements for hit-and-run accidents vary by state. Key variables:
| Requirement | Most States | Minority / Exceptions |
|---|---|---|
| Physical contact required? | Yes. Phantom vehicle (no contact) excluded. | Some states (e.g., Georgia, Wisconsin) allow phantom vehicle claims if corroborating witness exists. |
| Police report required? | Yes, typically within 24-72 hours. | Some policies require reporting "promptly" or "as soon as practicable" but don't specify timeframe. |
| Notice to insurer? | Yes, typically within 30 days or "promptly." | Some policies allow late notice if reasonable excuse (e.g., hospitalized). |
| UM property damage? | Optional in most states; often subject to $250-$500 deductible. | Some states (e.g., California) require UMPD but allow rejection. |
Most UM policies require physical contact between the fleeing vehicle and your vehicle or person. This requirement excludes "phantom vehicle" accidents where a driver causes you to crash without actually hitting you.
Exception: Some states (e.g., Georgia, Wisconsin) allow phantom vehicle claims if an independent, disinterested witness corroborates the story. Check your state's law.
Nearly all UM policies require you to report the hit-and-run to law enforcement "promptly" or within a specified timeframe (24 hours, 72 hours, etc.). The police report serves as independent verification that a hit-and-run occurred.
Your UM policy requires you to notify your insurer of the hit-and-run "promptly" or within a specified period (typically 30 days). Failure to provide timely notice can result in denial.
UM policies typically require you to:
Some UM policies require you to exhaust your collision coverage for property damage before UM property damage (UMPD) applies. This is called a "setoff" or "excess" clause.
Your insurer will inspect your vehicle to verify physical contact occurred. Key evidence:
I handle hit-and-run uninsured motorist claims personally. These claims are frequently denied by insurers due to physical contact disputes, late reporting issues, or fraud concerns. Thorough documentation and strategic presentation are essential to overcoming denials.
Dashcam footage is the best evidence for a hit-and-run UM claim. It proves:
Provide dashcam footage to police immediately (helps with criminal investigation and driver identification). Also provide it to your insurer with your UM claim—insurers rarely deny hit-and-run claims with clear dashcam evidence.
If the footage shows a license plate and police identify the driver, your claim becomes a standard third-party liability claim (not UM).
If the driver is identified before you settle your UM claim, your UM claim converts to a third-party liability claim against the identified driver's insurance (if they have any).
Scenario 1: Driver identified and has insurance → File third-party claim against their liability policy. Your UM claim is no longer necessary (unless they're underinsured, then UIM applies).
Scenario 2: Driver identified but has no insurance → Continue with your UM claim. The identified driver is still "uninsured," so UM applies.
Scenario 3: Driver identified after you settled UM claim → Your UM insurer has subrogation rights. They can pursue the identified driver for reimbursement. You have already been compensated and generally cannot pursue the driver again (double recovery).
If you don't have UM coverage, your options are limited:
Property damage: Use collision coverage (if you have it) to repair your vehicle. No coverage for property damage without collision or UMPD.
Bodily injury: No coverage for medical expenses, lost wages, or pain-and-suffering without UM. Your only options are:
Lesson: Always carry UM coverage at limits equal to or greater than your liability limits. It's inexpensive and critical for hit-and-run protection.
Yes, if you have access to UM coverage:
If you own a vehicle: Your own auto policy's UM coverage extends to you as a pedestrian or cyclist struck by an uninsured/unidentified driver.
If you don't own a vehicle: You may be covered under a resident relative's UM policy (parent, spouse, roommate). Check the policy's definition of "insured person"—most extend coverage to household members even when not in a vehicle.
Physical contact requirement: Still applies. The fleeing vehicle must have physically struck you (not just forced you to crash without contact).
If no UM coverage: Use your health insurance for medical treatment. No other coverage available unless the driver is identified.
Simple cases (clear evidence, minor injuries): 3-6 months from demand letter to settlement if insurer accepts liability and physical contact is undisputed.
Disputed cases (physical contact questioned, fraud concerns): 6-18 months if insurer denies initially and you must appeal, provide additional evidence, or invoke arbitration.
Litigation: 1-3 years if you must sue for coverage or bad faith.
Delays occur when: Insurer disputes physical contact, claims late reporting, suspects fraud, or demands examination under oath (EUO).
An examination under oath (EUO) is a formal, sworn statement taken by your insurer's attorney, typically recorded by a court reporter. It's more formal than a recorded statement.
When insurers request EUOs: Hit-and-run claims with fraud concerns (no witnesses, minimal evidence, prior claims history) or when initial recorded statement raised red flags.
Your duty: Most UM policies require you to submit to EUO if requested. Refusing can result in denial of coverage for "failure to cooperate."
What to expect: Insurer's attorney asks detailed questions about the accident, your background, prior claims, and any inconsistencies. Answers are under oath (perjury penalties apply).
Should you have an attorney? Yes. EUOs are adversarial and can make or break your claim. Consult an attorney before the EUO and consider having them present during questioning.