What to Do After a Hit-and-Run in California: Your Step-by-Step Legal Guide
Hit-and-run accidents make up a significant share of all California traffic collisions — by some estimates, more than 10 percent of injury crashes in Los Angeles County involve a driver who flees the scene. If you are the victim, the experience is disorienting, frightening, and often leaves you feeling powerless. The good news is that California law gives you real options for recovering compensation, even if the at-fault driver is never found. The bad news is that those options are time-sensitive and require specific actions in the hours and days after the accident.
This guide walks through exactly what to do, in order, after a hit-and-run in California.
Step 1: Get to Safety and Call 911
Your first obligation is medical and physical safety, not chasing the fleeing driver. If you can move your vehicle out of traffic safely, do so. If not, turn on your hazards and stay inside with your seatbelt on until emergency responders arrive. Call 911 and request both medical and police response — even if you feel “okay,” request a paramedic evaluation. Adrenaline masks serious injuries, including concussions, internal bleeding, and soft-tissue damage.
Do not chase the at-fault driver. Pursuit is dangerous, can compromise your own legal position, and gives the fleeing driver an opportunity to cause additional harm.
Step 2: Document Everything You Can Remember About the At-Fault Vehicle
Every detail you can capture in the first few minutes increases the chance the driver will be identified later. As soon as you are safe, write down or record:
- License plate (full or partial — even three or four characters can be enough)
- Make, model, and color of the vehicle
- Distinguishing features (damage, stickers, modifications, custom wheels)
- Direction of travel after the collision
- Description of the driver and any passengers
- Approximate time of the incident
If anyone witnessed the accident, get their name and phone number before they leave. Witnesses are often the difference between identifying the driver and never finding them.
Step 3: Document the Scene
If you are physically able, take photos and video of:
- Damage to your vehicle
- The position of your vehicle on the roadway
- Skid marks, debris, and any evidence of the at-fault vehicle
- Surrounding signage, traffic signals, and road conditions
- Nearby businesses or houses that may have surveillance cameras
Surveillance footage from gas stations, ATMs, restaurants, and home-security cameras frequently captures hit-and-run drivers. The footage cycles quickly — many systems overwrite within 30 to 90 days — so identifying potential camera locations early is critical.
Step 4: File a Police Report
California Vehicle Code section 20002 requires that any accident involving property damage be reported, and section 20001 makes fleeing the scene of an injury accident a criminal offense. The police report serves three essential purposes in your civil claim:
- It creates an official record of the accident on the date it occurred.
- It triggers a criminal investigation that may lead to identifying the at-fault driver.
- It satisfies the prompt-reporting requirement most insurance policies impose on uninsured motorist (UM) claims.
Make the report in person at the scene if possible. If you must leave the scene first for medical treatment, file the report at the local police or sheriff’s department as soon as you are able — generally within 24 hours.
Step 5: Notify the DMV (If There Was Property Damage Over $1,000 or Any Injury)
California Vehicle Code section 16000 requires drivers to file a Report of Traffic Accident Occurring in California (form SR-1) with the DMV within 10 days of any accident causing property damage over $1,000 or any bodily injury. This is independent of the police report. Failing to file the SR-1 can result in suspension of your driving privileges, regardless of fault.
Step 6: Get Medical Treatment, Even If You Feel Fine
Many serious accident-related injuries do not produce immediate symptoms. Concussions, soft-tissue injuries, internal bleeding, and disc herniations can take hours or days to manifest. Get a medical evaluation within 24 to 72 hours of the accident even if you initially feel okay. The medical record created in those first few days is essential to documenting that your injuries were caused by the accident, not by some intervening event.
Follow every recommendation from your treating physicians. Gaps in treatment, missed appointments, or unexplained delays in care give defense attorneys ammunition to argue that your injuries are exaggerated or unrelated.
Step 7: Notify Your Insurance Company Promptly
Most California auto policies require prompt notice of any accident — including hit-and-run accidents — usually within a specific number of days. Report the accident to your own insurance carrier as soon as possible. Be factual: state that you were involved in a hit-and-run, the at-fault driver fled, and you have already filed a police report.
Do not give a recorded statement until you have spoken with a personal injury attorney. Insurance adjusters — including those at your own company — are trained to elicit statements that minimize the value of your claim or shift blame onto you.
How You Can Recover Compensation Even If the At-Fault Driver Is Never Found
This is the most important part of this guide: you are not without options if the driver is never identified. California law and standard auto insurance policies provide several avenues for recovery.
Uninsured Motorist (UM/UIM) coverage. California requires every auto liability policy to offer uninsured motorist coverage. If you have it, you can typically use it to recover for hit-and-run injuries even if the at-fault driver is never identified. The UM coverage you carry on your own policy steps into the shoes of the missing driver and pays your damages up to your policy limits.
Medical Payments (MedPay) coverage. If you carry MedPay (also called “med pay”), it covers medical bills regardless of fault, with no deductible and no impact on your premium. MedPay benefits typically range from $1,000 to $25,000 depending on your policy.
California Victim Compensation Board. Victims of hit-and-run accidents involving criminal conduct (felony hit-and-run under Vehicle Code section 20001) may be eligible for compensation through the California Victim Compensation Board, which can cover medical expenses, mental health treatment, and lost income.
Restitution if the driver is later caught. If law enforcement identifies the fleeing driver, you may be entitled to restitution as part of the criminal case in addition to recovering through civil litigation.
California Hit-and-Run Penalties (And Why They Matter to Your Civil Case)
Under California Vehicle Code section 20001, fleeing the scene of an injury accident is a felony, punishable by up to four years in state prison. Under section 20002, fleeing the scene of an accident involving only property damage is a misdemeanor.
If law enforcement identifies the fleeing driver and they are charged criminally, the conviction can be powerful evidence in your civil case. A criminal conviction for hit-and-run is admissible to prove the driver caused your damages. Restitution orders entered in the criminal case can be enforced separately from any civil judgment.
When to Hire a California Hit-and-Run Attorney
Hit-and-run cases are uniquely complex because the path to recovery depends almost entirely on how well you handle the first 30 days. The most common mistakes — failing to file a police report on time, giving a recorded statement to your own insurance, missing the SR-1 deadline, or failing to identify witnesses — can all be avoided with prompt legal guidance.
Hire an attorney as soon as possible if any of the following apply:
- You have any injuries beyond the most minor.
- Your insurance company is delaying or pushing back on your UM claim.
- The driver may have been identified through surveillance, witnesses, or police investigation.
- You have multiple insurance policies (your own, your spouse’s, your employer’s) that may stack coverage.
Frequently Asked Questions
What if I only have minimum-limits insurance?
California’s minimum liability limits are 15/30/5 ($15,000 per person bodily injury, $30,000 per accident, $5,000 property damage). UM coverage typically tracks the same limits unless you specifically purchased higher coverage. Even minimum UM limits can pay your medical bills, and we can identify whether any other coverage stacks on top of it.
Will my insurance go up if I file a UM claim?
California law generally prohibits insurers from raising your premium for filing a UM claim where you were not at fault. If your insurer attempts to do so, that is potentially actionable.
What if I was a passenger, not a driver, in the hit-and-run accident?
You may have UM coverage available under multiple policies — your own policy, the policy of the vehicle you were in, and potentially a household member’s policy. We can identify every applicable source of coverage.
How long do I have to file a UM claim?
UM claims are subject to deadlines set by your insurance contract, often shorter than the two-year statute of limitations for personal injury. Some policies require notice within 30 days. Read your policy and contact an attorney immediately.
Contact Our California Hit-and-Run Attorneys Today
If you or a loved one has been the victim of a hit-and-run in California, you do not have to navigate the legal and insurance system alone. We have helped clients recover full compensation in cases where the at-fault driver was never identified, and we know how to push insurance companies to honor their obligations under your UM coverage.
Call (877) 792-4529 or reach out online to get started with a free, no-obligation case evaluation.
