Immediately After a Hit-and-Run
A hit-and-run can happen in seconds, leaving you shocked and confused. What you do in the immediate aftermath significantly affects your ability to recover compensation.
Stay at the Scene
Don't chase the fleeing driver. Pursuing them could put you in danger and may hurt your claim if you're involved in a secondary accident.
Call 911
Report the hit-and-run immediately. A police report is essential for insurance claims and may help identify the driver. In most states, hit-and-run is a crime the police will investigate.
Gather Information
While details are fresh, note everything you can: vehicle make/model/color, partial license plate, direction of travel, driver description, time and location. Ask witnesses for their contact information.
Document the Scene
Take photos of your vehicle damage, the accident location, any debris left behind, skid marks, and your injuries. Look for nearby security cameras that may have captured the incident.
Seek Medical Attention
Get examined even if you feel fine. Adrenaline can mask injuries, and documentation of your medical condition is important for your claim.
Notify Your Insurance Company
Report the accident to your insurer promptly. Most policies require notification within a certain timeframe (often 24-72 hours for hit-and-runs).
Most insurance policies require you to file a police report to make a hit-and-run claim under your uninsured motorist coverage. Without a police report, your insurer may deny the claim. File the report as soon as possible - ideally at the scene.
Which Insurance Covers Hit-and-Run Accidents?
Since the at-fault driver fled, you'll likely need to rely on your own insurance coverage. Here's how different coverages apply:
Uninsured Motorist (UM)
This is typically your primary coverage for hit-and-run injuries and, in some states, property damage.
- Covers bodily injury from hit-and-run
- Treats fleeing driver as "uninsured"
- May cover lost wages, pain & suffering
- Subject to your policy limits
Collision Coverage
Covers damage to your vehicle regardless of fault or whether the other driver is identified.
- Pays for vehicle repairs
- Subject to your deductible
- Doesn't require police report (but get one anyway)
- May affect your rates less than at-fault claim
UMPD (Uninsured Motorist Property Damage)
Available in some states; covers property damage from uninsured/hit-and-run drivers.
- Not available in all states
- May have lower deductible than collision
- Some states require contact with other vehicle
- Check your policy for availability
Medical Payments (MedPay)
Pays your medical expenses regardless of fault.
- No deductible typically
- Pays quickly
- Usually lower limits ($1K-$25K)
- Supplements UM coverage
In California, UM coverage for hit-and-run claims requires "physical contact" with the fleeing vehicle, unless you have a witness. This is one of California's more restrictive rules. If a car ran you off the road without touching your vehicle, you may need an independent witness to make a UM claim.
California Insurance Code Section 11580.2(b) allows you to recover under UM for hit-and-run if: (1) there was physical contact with the other vehicle, OR (2) the accident is witnessed by someone other than the claimant.
The Physical Contact Requirement
Many states (including California) require "physical contact" between your vehicle and the hit-and-run vehicle for UM claims. This rule exists to prevent fraud but can unfairly deny legitimate claims.
What Counts as Physical Contact?
- Direct collision between vehicles
- Contact with debris or parts that fell off the fleeing vehicle
- In some cases, contact with an object the other vehicle struck first (chain reaction)
What Typically Doesn't Count
- Being run off the road without touching
- Swerving to avoid a vehicle and hitting something else
- Stopping suddenly because of another driver's actions
If there was no contact, your best option is finding an independent witness. Immediately look for other drivers, pedestrians, or nearby businesses that may have seen the incident. Ring doorbells, dashcams, and traffic cameras may provide the evidence you need.
Filing Your Hit-and-Run Claim
What You'll Need
- Police report - Number and department that took the report
- Photos - Vehicle damage, scene, injuries
- Medical records - If injured, all treatment documentation
- Witness information - Names, contact info, statements
- Repair estimates - At least 2-3 estimates for vehicle damage
- Proof of lost wages - If you missed work due to injuries
The Claims Process
- Report to your insurer - Call the claims number on your insurance card
- Provide documentation - Submit police report, photos, medical records
- Adjuster investigation - Your insurer will investigate the claim
- Damage assessment - Get your vehicle inspected and repaired
- Medical treatment - Continue treatment and document everything
- Settlement negotiation - Once treatment is complete, negotiate your UM settlement
Many UM policies have strict notice requirements for hit-and-run claims - sometimes as short as 24 hours. Review your policy and report immediately. Some policies also have shortened statutes of limitations for UM claims.
What If the Driver Is Found?
If police identify the hit-and-run driver, your options expand:
If They Have Insurance
- You can file a third-party claim against their liability coverage
- Your collision deductible may be refunded through subrogation
- You may recover amounts exceeding your own policy limits
If They're Uninsured
- Your UM claim proceeds as normal
- You can sue the driver personally (though collecting may be difficult)
- Criminal restitution may be ordered if they're convicted
Criminal Consequences Don't Pay Your Bills
Even if the driver is criminally prosecuted, this doesn't automatically result in compensation for you. Criminal restitution is often limited and difficult to collect. Your civil claim (through insurance or lawsuit) is separate from the criminal case.
Hit-and-run in California is a crime. If the accident resulted in injury, it's a felony under Vehicle Code 20001, punishable by up to 4 years in prison. Property-damage-only hit-and-run is a misdemeanor under Vehicle Code 20002. As a victim, you can request notification of court proceedings through the Marsy's Law victim notification system.
Parked Car Hit-and-Run
If your parked car was hit while you weren't in it, the claims process is slightly different:
For Vehicle Damage
- Collision coverage pays for repairs (minus deductible)
- UMPD may cover damage with a lower deductible in some states
- Some insurers don't count parked car claims against your rate
Steps to Take
- File a police report (even for minor damage)
- Look for witnesses and nearby cameras
- Take photos of damage and the scene
- Check for notes left by the other driver or witnesses
- File your collision claim if no driver is identified
Check for paint transfer on your vehicle - it can help identify the other car's color. Canvass the area for security cameras. Some parking lots have time-stamped footage. Ring doorbell cameras in residential areas are increasingly helpful in identifying hit-and-run drivers.
Common Hit-and-Run Claim Issues
Insurer Claims You Weren't Hit
Some insurers challenge whether a hit-and-run occurred. Combat this with:
- Police report documenting the incident
- Photos showing damage consistent with a collision
- Witness statements
- Expert analysis of damage patterns
Dispute Over Injuries
Since insurers can't examine the other driver's car or get their statement, they sometimes dispute the severity of your injuries. Maintain consistent medical treatment and documentation.
Lowball Settlement Offers
Your own insurer owes you a duty of good faith, but they're still trying to minimize payouts. Don't accept the first offer without understanding the full value of your claim, especially for injuries.
If your insurer unreasonably denies or delays your hit-and-run claim, they may be acting in bad faith. California insurers owe their own policyholders a heightened duty of good faith and fair dealing. Document all interactions and delays.
Need Help With Your Hit-and-Run Claim?
If your insurer is denying or undervaluing your hit-and-run claim, I can help you fight for fair compensation.