Here's what to do after a hit-and-run in California: get safe, call 911 and get medical care. Write down everything you remember about the other vehicle, look for witnesses and cameras, and make sure the crash is reported to the police within 24 hours. If the driver is never found, your own uninsured motorist coverage may apply to your injuries, but generally only if the other vehicle made contact, that report was made and a sworn statement went to your insurance company within 30 days. A lawyer can handle both for you, but don't wait on the police report: it's due within 24 hours. Talk to a lawyer before you talk to any insurance company, including your own. This guide walks through each step and the California rules behind it. Every case is different, and insurance companies and policies can require different things, so use it as a starting point. It's general information, not legal advice.
What should I do right after a hit-and-run?
Get safe, call 911 if anyone is hurt, and don't chase the other driver. Following a fleeing car can put you and other people in danger. Instead, write down everything you remember about the vehicle and the driver while it's fresh. Then, if you can do it safely, gather evidence at the scene and get checked by a doctor.
Get safe and call 911.
Move out of traffic if you can, check on everyone and call 911 if anyone is hurt. If an officer comes, ask for the report number.
Don't chase the driver.
Stay at the scene. Your notes, witnesses and video are what help identify the driver later.
Write down what you remember.
The license plate, even part of it, the make, model and color, any damage to the vehicle, what the driver looked like and which way they went. Note the exact time and place.
Find witnesses.
Ask anyone who saw the crash for their name and phone number. A witness may have seen the plate or the driver.
Take photos and look for cameras.
Photograph the vehicles, the road, debris, paint marks and your injuries. Look for businesses, homes or traffic cameras nearby that may have recorded the crash, and write down where they are.
Get medical care.
See a doctor even if you feel okay. According to the CDC, some concussion symptoms may not appear for hours or days.
Source: CDC: Symptoms of Mild TBI and Concussion (opens in a new tab)
Keep records.
Save medical records and bills, repair estimates, proof of missed work and a short daily note on how you're feeling.
Our guide to what to do after a car accident has the full checklist for any crash.
What counts as a hit-and-run in California?
A driver in a crash that injures or kills someone must stop at the scene immediately, give their name, address and vehicle registration number and the owner's name and address, and give reasonable help to anyone hurt. That includes arranging a ride to a doctor or hospital when treatment is clearly needed or the injured person asks. A driver who leaves without doing this commits a crime that can be punished with jail or prison time, a fine, or both, and more severely when someone is killed or permanently and seriously injured (Vehicle Code §20001 (opens in a new tab); §20003 (opens in a new tab)).
When a crash damages only property, such as a parked car, the driver must stop at the nearest safe spot. They must either find the owner and give their name and address, or leave a written note in a visible place with that information and what happened and notify the city police or, outside a city, the CHP without unnecessary delay. Skipping these steps is a misdemeanor (Vehicle Code §20002 (opens in a new tab)).
Do I have to report a hit-and-run in California?
Yes, if anyone was hurt. The drivers involved in a crash that injures or kills someone must make a written report within 24 hours to the CHP or, inside a city, to the CHP or the city police department. If you were driving, that includes you, not only the driver who fled. A crash that injures or kills someone, or causes more than $1,000 in damage to any one person's property, must also be reported to the DMV within 10 days. You can file it yourself or have your lawyer file it (Vehicle Code §20008 (opens in a new tab); §16000 (opens in a new tab)).
A hit-and-run adds one more reporting rule. For your uninsured motorist coverage to apply when the driver can't be identified, the crash must be reported within 24 hours to the police department of the city where it happened or, outside city limits, to the county sheriff or the local CHP office (Insurance Code §11580.2 (opens in a new tab)). If an officer came to the scene, ask for the report number. If no one took a report, contact the police to make one. A lawyer can check that the right reports were made in time.
Will insurance cover my injuries if the driver is never found?
It may, through your own uninsured motorist coverage. California auto policies with bodily injury liability coverage must include it unless the policyholder deleted it in writing. When the driver who hit you is unknown, the law treats their vehicle as uninsured only if all three of these conditions are met:
Physical contact
Your injury came from the other vehicle making physical contact with you or with the vehicle you were in.
A police report within 24 hours
You or someone on your behalf reported the crash within 24 hours to the police of the city where it happened or, outside city limits, to the county sheriff or the local CHP office.
A sworn statement within 30 days
You or someone on your behalf filed a statement under oath with your insurance company within 30 days, saying you have a claim against a person whose identity can't be determined, with the facts that support it.
These are legal requirements, and a lawyer can handle the report and the sworn statement for you. This coverage is for injuries, not damage to your car, and it pays only within your policy's limits. Your policy may also include other coverage, such as medical payments coverage.
These rules don't fit every situation. Every case is different, and each insurance company and policy can ask for different steps, so have a lawyer check what yours requires.
Separately, California's victim compensation law counts an injury caused by a driver who fails to stop at the scene, in violation of Vehicle Code §20001, as a crime. So a hit-and-run victim may be able to apply to the California Victim Compensation Board, subject to its eligibility rules (Government Code §13955 (opens in a new tab)).
Should I talk to my insurance company after a hit-and-run?
Talk to a lawyer before you talk to any insurance company, including your own. In an uninsured motorist claim, you're making a claim against your own insurance company. The law says whether you're entitled to recover, and how much, is decided by agreement between you and your insurer or, if you disagree, by arbitration before a single neutral arbitrator (Insurance Code §11580.2 (opens in a new tab)). What you say early on can matter.
The steps the law requires still apply: the police report within 24 hours and the sworn statement within 30 days. A lawyer can handle both for you and deal with the insurance companies on your behalf. Before you sign anything else or give a recorded statement, talk to a lawyer.
How long do I have to make a hit-and-run claim?
The first deadlines come fast: the police report within 24 hours and the sworn statement within 30 days. For the uninsured motorist claim itself, within two years of the crash you generally must file a lawsuit against the uninsured driver, reach an agreement with your insurer on the amount owed, or formally start arbitration with a written notice to your insurer sent by certified mail, return receipt requested. If the driver is found, a lawsuit for your injuries generally must be filed within two years. If the vehicle belonged to a California public agency, a written claim to that agency is generally due within six months.
Exceptions can change these deadlines, so it's best not to wait. Our statute of limitations guide has more detail.
Sources: Insurance Code §11580.2 (opens in a new tab); Code of Civil Procedure §335.1 (opens in a new tab); Government Code §911.2 (opens in a new tab)
When should I call a lawyer after a hit-and-run?
As soon as you can. The earlier a lawyer is involved, the more time they have to gather evidence, like video from nearby businesses or homes that may be recorded over, and to deal with the insurance companies for you. A lawyer can also prepare the 30-day sworn statement and keep track of the two-year deadlines while you focus on getting better. Our car accident page explains how we help. Shalom & Dash takes cases anywhere in California, and the case review is free.
Questions
Can I still make a claim if I didn't get the license plate?
Possibly, yes. California's uninsured motorist law covers a vehicle whose owner or driver is unknown, so you don't need the plate. The conditions are physical contact, a police report within 24 hours and a sworn statement to your insurer within 30 days, as explained above. A lawyer can handle the report and the statement for you. Any detail you remember, even part of the plate, can still help police find the driver (Insurance Code §11580.2 (opens in a new tab)).
What if the other car never touched me?
Then your uninsured motorist coverage may not cover a crash with an unidentified driver. When the driver can't be identified, the law requires that your injury came from physical contact between their vehicle and you or the vehicle you were in. That rule applies only when the driver is unknown, so if a driver forced you off the road without touching you, witnesses and video that could identify them become even more important. A lawyer can look at the details of what happened (Insurance Code §11580.2 (opens in a new tab)).
What if I was walking or on a bike when I was hit?
Uninsured motorist coverage may still apply. For a policy in a person's name, California's definition of who is covered includes that person, their spouse, and relatives who live in the same household, whether or not they were in a vehicle. So even if you don't own a car, you may be covered under a policy held by a spouse or a relative you live with. The physical contact rule can be met by the other vehicle striking you directly. Whether you're covered depends on the policy, so have a lawyer review it (Insurance Code §11580.2 (opens in a new tab)).
What if the police find the driver later?
Then you may have a claim against that driver and their insurance. If the driver turns out to have no insurance, your uninsured motorist coverage may still apply. If they have some insurance but less than your own uninsured motorist limits, underinsured motorist coverage may apply. Be careful about settling: the law says uninsured motorist coverage doesn't apply if you settle with, or take to judgment a lawsuit against, someone who may be responsible without your insurer's written consent. A lawyer can handle the order of the claims (Insurance Code §11580.2 (opens in a new tab)).
Someone hit my parked car and drove off. What should I do?
Report it to the police and gather what you can: photos of the damage, any note left on the car, witnesses and nearby cameras. The driver was required to find you, or leave a written note with their name and address and notify the police (or, outside a city, the CHP), and not doing so is a misdemeanor. Keep in mind that the uninsured motorist coverage described above is for injuries, not damage to your car. Damage to your car may fall under other parts of your policy, which can have their own short deadlines, so have a lawyer look at your policy early (Vehicle Code §20002 (opens in a new tab); Insurance Code §11580.2 (opens in a new tab)).