📋 Hit-and-Run Overview
Hit-and-run accidents occur when a driver involved in a collision flees the scene without stopping to exchange information or render aid. In California, leaving the scene is a crime, but more importantly for victims, it creates unique challenges in recovering compensation. I help clients navigate these challenges using their own Uninsured Motorist (UM) coverage and other recovery options.
⏱ Critical Deadlines - Do Not Miss These
👤 If You Are the Victim
- Report to police within 24 hours - this is mandatory
- Document everything you remember about the fleeing vehicle
- File a UM claim with your own insurer within 30 days
- Physical contact with fleeing vehicle NOT required in CA
- Your UM coverage treats this as an uninsured motorist claim
🏢 If You Are the Insurance Company
- Verify timely police report (24-hour requirement)
- Confirm written notice within 30 days
- Evaluate evidence that accident occurred as described
- No physical contact requirement in California
- Assess damages as you would any UM bodily injury claim
Types of Hit-and-Run Scenarios
🚗 Direct Contact Hit-and-Run
The fleeing vehicle actually struck your vehicle or you as a pedestrian. Clearest case for UM recovery - evidence of impact is on your vehicle.
🚗 Phantom Vehicle (No Contact)
A driver caused you to crash without touching your vehicle (e.g., ran you off the road). California still allows UM claims without physical contact.
🚶 Pedestrian/Cyclist Hit-and-Run
You were walking or cycling when struck by a vehicle that fled. Your auto UM policy covers you even when not in a vehicle.
🔍 Driver Later Identified
If police later identify the hit-and-run driver, you can pursue their insurance (if any). If uninsured, continue with your UM claim.
⚠ California Does NOT Require Physical Contact
Unlike some states, California allows UM claims for "phantom vehicle" accidents where the fleeing driver caused your crash without actually touching your vehicle. However, you must have independent corroborating evidence (witness, dashcam, physical evidence) that another vehicle caused your accident. Your sworn statement alone is not sufficient.
⚖ Legal Basis
California has specific laws governing hit-and-run accidents and UM coverage for hit-and-run victims.
California Vehicle Code Requirements
Vehicle Code 20001 - Hit-and-Run with Injury (Felony)
The driver of any vehicle involved in an accident resulting in injury or death must immediately stop at the scene, provide identifying information, and render reasonable assistance. Violation is a felony punishable by imprisonment and fines. This creates criminal liability for the fleeing driver.
Vehicle Code 20002 - Hit-and-Run with Property Damage (Misdemeanor)
The driver of any vehicle involved in an accident resulting only in property damage must stop at the scene and exchange information, or leave a note if the owner is not present. Violation is a misdemeanor. Applies when there are no injuries.
Vehicle Code 20003 - Duty to Provide Information
The driver must provide their name, address, vehicle registration, and driver's license to the other party, police, or injured person. Must also show driver's license upon request. Failure to comply is an additional violation.
Insurance Code 11580.2(b) - UM Coverage for Hit-and-Run
California UM coverage specifically includes hit-and-run accidents where the identity of the driver or owner of the vehicle cannot be ascertained. The statute requires: (1) police report within 24 hours, (2) written notice to insurer within 30 days, and the insured must demonstrate they were not at fault.
UM Coverage for Hit-and-Run Claims
Hit-and-run accidents are treated as uninsured motorist claims because the at-fault driver cannot be identified:
📝 Triggering UM Coverage
▼To trigger UM coverage for a hit-and-run, you must: (1) file a police report within 24 hours of the accident, (2) provide written notice to your UM insurer within 30 days, (3) demonstrate you were not at fault for the accident, and (4) for phantom vehicle claims, provide independent corroborating evidence.
🚗 Physical Contact vs. Phantom Vehicle
▼California does not require physical contact between your vehicle and the hit-and-run vehicle. However, for phantom vehicle claims (no contact), you must have independent corroborating evidence - your own testimony is not enough. Witnesses, dashcam footage, or physical evidence at the scene can satisfy this requirement.
💰 Coverage Amounts
▼Your UM coverage limits apply to hit-and-run claims. Check your declarations page for your UM bodily injury limits. California minimum UM is $15,000 per person / $30,000 per accident, but many drivers carry higher limits. UM property damage for hit-and-runs is limited to $3,500 unless you have collision coverage.
💡 If the Driver is Later Identified
If police identify the hit-and-run driver after you file your UM claim, several options emerge: (1) pursue the driver's liability insurance if they have any, (2) continue your UM claim if they are uninsured, (3) pursue a civil lawsuit against the driver personally. The criminal case against the driver for hit-and-run can help establish liability in your civil claim.
📝 Key Elements to Prove
Hit-and-run UM claims require proving specific elements to your insurance company:
1️⃣ Timely Police Report (24 Hours)
▼You must report the hit-and-run to law enforcement within 24 hours of the accident. Obtain a copy of the police report showing the date and time you reported. This is a strict requirement - failure to report timely can void your entire UM claim regardless of how strong it otherwise is.
2️⃣ Timely Insurer Notice (30 Days)
▼Provide written notice to your UM insurance carrier within 30 days of the accident. This should describe the accident, confirm it was a hit-and-run, and state you are making a UM claim. Keep a copy of your notice with proof of delivery (certified mail or email confirmation).
3️⃣ The Other Driver Was At Fault
▼You must prove the hit-and-run driver caused the accident through negligence. Your own statement, witness statements, physical evidence, and dashcam footage can establish this. If you ran off the road, you need evidence another vehicle caused you to do so.
4️⃣ Independent Corroboration (Phantom Vehicle)
▼For phantom vehicle claims where there was no physical contact, California requires independent corroborating evidence. This can be: a witness who saw the other vehicle, dashcam footage, physical evidence at the scene (tire marks, debris), or 911 calls from other drivers. Your own testimony alone is not sufficient.
5️⃣ Your Damages
▼Document all injuries and damages with the same thoroughness as any personal injury claim: medical records, bills, lost wages, and pain and suffering. Your own insurer will evaluate damages just like a third-party claim and may dispute the extent of injuries.
Gathering Evidence at the Scene
📷 Photograph Everything
Take photos of vehicle damage, the accident scene, skid marks, debris, road conditions, and any paint transfer or evidence of the fleeing vehicle.
👥 Get Witness Information
Witnesses are crucial for hit-and-run claims. Get names, phone numbers, and addresses of anyone who saw the accident or the fleeing vehicle.
📝 Document What You Remember
Write down everything about the fleeing vehicle: color, make, model, license plate (even partial), direction of travel, driver description.
🎥 Request Surveillance Footage
Check for nearby business security cameras, traffic cameras, or dashcams from other vehicles. Request footage before it is deleted (often 30-90 days).
💰 Damages
Hit-and-run victims can recover the same damages under UM coverage that they could recover in a lawsuit against the at-fault driver:
| Category | Description |
|---|---|
| Medical Expenses | All past and future medical treatment: ER, specialists, surgery, physical therapy, medications |
| Lost Wages | Income lost during recovery, including sick days and PTO used |
| Loss of Earning Capacity | Reduced ability to earn income due to permanent injury |
| Pain and Suffering | Physical pain, discomfort, and inconvenience from injuries |
| Emotional Distress | Anxiety, PTSD, fear of driving, psychological trauma from the hit-and-run |
| Loss of Enjoyment | Inability to participate in activities and hobbies you enjoyed |
⚠ Property Damage Limitations
UM property damage (UMPD) for hit-and-run accidents is limited to $3,500 in California with a $300 deductible, unless you have collision coverage. If you have collision coverage, use it for vehicle damage - it typically has better limits. UMPD is most useful for those without collision coverage.
📊 Sample Hit-and-Run Damages Calculation
Example: Moderate injuries from rear-end hit-and-run
💡 Recovery Capped at UM Limits
Your recovery is limited to your UM policy limits. If your damages are $82,000 but you only have $50,000 in UM coverage, you can only recover $50,000. Consider increasing your UM limits - the premium difference is usually modest compared to the protection provided.
✅ Evidence Checklist
Hit-and-run claims require thorough documentation. Gather these items before sending your demand.
🚦 Mandatory Reporting
- ✓ Police report filed within 24 hours (copy)
- ✓ Written notice to insurer within 30 days (with proof)
- ✓ Your declarations page showing UM limits
- ✓ Claim number from your insurer
🚗 Accident Evidence
- ✓ Photos of vehicle damage (all angles)
- ✓ Photos of accident scene, skid marks, debris
- ✓ Witness names, contact info, and statements
- ✓ Surveillance footage requests to nearby businesses
- ✓ Your written description of the fleeing vehicle
💉 Medical Records
- ✓ Emergency room records
- ✓ All treating physician records
- ✓ Physical therapy records
- ✓ Imaging results (X-ray, MRI, CT)
- ✓ Prognosis letter from treating physician
💰 Financial Documentation
- ✓ All medical bills (itemized)
- ✓ Proof of lost wages (pay stubs, employer letter)
- ✓ Vehicle repair estimate or total loss valuation
- ✓ Out-of-pocket expense receipts
🔒 Request Surveillance Footage Immediately
Traffic cameras and business security cameras often delete footage after 30-90 days. Send written preservation requests to nearby businesses, the city traffic department, and any businesses with security cameras facing the accident location. Time is critical.
📝 Sample Language
I use these paragraphs when drafting hit-and-run UM demand letters. Customize for your situation.
🚀 Next Steps
After sending your hit-and-run UM demand letter, here is what to expect.
Hit-and-Run Claim Timeline
Days 1-15
Insurer acknowledges claim, assigns adjuster, verifies compliance with 24-hour and 30-day deadlines
Days 15-30
Adjuster reviews demand, police report, and evidence. May investigate whether the accident occurred as described.
Days 30-60
Initial response and negotiation. Insurer may contest liability for phantom vehicle claims.
Days 60-90+
Settlement or proceed to arbitration if unable to agree on coverage or damages.
Special Considerations for Hit-and-Run Claims
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Insurers May Investigate Thoroughly
Hit-and-run claims receive extra scrutiny because they are first-party claims with no adverse driver to confirm the story. Expect your insurer to investigate the accident scene, interview witnesses, and examine your vehicle. Be completely honest - fraud can void your entire policy.
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Phantom Vehicle Claims Face Higher Burden
If there was no physical contact with the fleeing vehicle, your insurer will require independent corroborating evidence. Without a witness, dashcam, or physical evidence, phantom vehicle claims are difficult to prove.
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Criminal Investigation May Help
Cooperate with police investigating the hit-and-run. If they identify the driver, you may have additional recovery options. The criminal case can also provide evidence useful for your civil claim.
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Check for Other Coverage
If you were a passenger, the vehicle owner's UM policy may also apply. If you were hit while walking, your own auto UM policy covers you. Multiple policies may stack to increase available coverage.
📅 Statute of Limitations
California has a 2-year statute of limitations for personal injury claims (CCP 335.1). For hit-and-run UM claims, this typically runs from the accident date. However, your policy may have a shorter contractual limitations period - check your policy language. Demand arbitration before any deadline expires.
If Your Claim is Denied
❌ Missed Deadline Denial
If denied for missing the 24-hour or 30-day deadline, consult an attorney immediately. There may be exceptions or arguments to preserve your claim.
🔍 Insufficient Evidence Denial
For phantom vehicle denials, you may need additional corroborating evidence. An investigator can help locate witnesses or surveillance footage.
⚖ Arbitration
If denied on coverage or damages, demand binding arbitration under Insurance Code 11580.2(f). An arbitration panel will decide the dispute.
Need Help With Your Hit-and-Run Claim?
Hit-and-run cases have strict deadlines and evidence requirements. I offer a 30-minute strategy call to evaluate your case and ensure you preserve your rights.
Book Consultation - $125California Resources
- CA Dept. of Insurance: insurance.ca.gov - File complaints about insurer conduct
- CHP Hit-and-Run Investigations: chp.ca.gov - Report information about the fleeing driver
- State Bar Lawyer Referral: calbar.ca.gov - Find a personal injury attorney
- Crime Stoppers: Report tips anonymously if you have information about the hit-and-run driver