Car accidents · California law
Hit and Run in California: What Victims Can Do
If a driver hits you and flees in California, your own uninsured motorist coverage usually pays for your injuries, as long as you report the crash to the police within 24 hours and file a sworn statement with your insurer within 30 days. If the driver is found, you can claim against their insurance too.
Reviewed by Steven D. Green, Esq. · Updated
Key Takeaways
- When the driver is never found, your own uninsured motorist coverage usually pays for your injuries.
- It requires physical contact, a police report within 24 hours and a sworn statement to your insurer within 30 days.
- The coverage can protect you and relatives who live with you in a car, on foot and on a bike.
- Damage to your car from an unknown driver usually goes through collision coverage.
- A driver who is caught can be ordered to pay restitution, and the state Victim Compensation Board covers some losses no one else pays.
- Within two years you must sue, settle with your insurer or start arbitration, even while police search.
What counts as a hit and run in California
A hit and run is a crash where a driver leaves without doing what the law requires. After a crash that injures or kills someone, every driver involved must stop, give their name, address, license and registration, and help anyone hurt get medical care. Leaving without doing that is a crime, even for a driver who wasn't at fault.
The duty to stop is in Veh. Code 20001(a), and the duty to share information and render reasonable assistance is in Veh. Code 20003(a). A driver who hits only property must find the owner or leave a note and notify the police Veh. Code 20002(a). The penalty depends on what the crash caused.
| What the crash caused | Law | Possible penalty |
|---|---|---|
| Property damage only | Veh. Code 20002(c) | Misdemeanor: up to 6 months in county jail, a fine up to $1,000, or both |
| Injury to another person | Veh. Code 20001(b)(1) | State prison or up to 1 year in county jail, a fine of $1,000 to $10,000, or both |
| Death or permanent, serious injury | Veh. Code 20001(b)(2) | 2, 3 or 4 years in state prison or 90 days to 1 year in county jail, a fine of $1,000 to $10,000, or both |
Sources: Veh. Code 20001 and Veh. Code 20002. The court can reduce some minimums in the interests of justice.
What to do in the first 24 hours
Get medical care first, then report the crash to the city police, or to the sheriff or CHP if it happened outside city limits, within 24 hours. That report is a condition of your uninsured motorist coverage when the driver is unknown, so make it even if you feel fine.
- Call 911 and get medical care the same day.
- Report the crash to the police within 24 hours and ask for the report number.
- Write down everything you remember about the car and driver: color, make, body style, damage, direction of travel and any part of the plate.
- Photograph the scene, your injuries, your vehicle, skid marks and any debris the other car left behind.
- Get the names and phone numbers of witnesses, and note nearby businesses or homes that may have cameras.
- Notify your own insurer in writing, and keep a copy of what you send.
The 24-hour report requirement comes from Ins. Code 11580.2(b). If you were driving and anyone was hurt, or property damage to any one person is over $1,000, you must also send the DMV an SR-1 report within 10 days Veh. Code 16000(a).
Hurt by a driver who fled? The first 30 days decide whether your own coverage pays. An attorney can make sure the report and the sworn statement are done right. Call (888) 264-3780, answered 24/7.
When the driver is never found: uninsured motorist coverage
California law treats a car whose owner and driver are unknown as uninsured, so you can claim your injuries under your own uninsured motorist coverage. Three conditions apply: the car made physical contact with you or your vehicle, you reported to the police within 24 hours, and you filed a sworn statement with your insurer within 30 days.
Every California auto liability policy must include uninsured motorist coverage unless the policyholder deleted it, or chose lower limits, in a signed written agreement Ins. Code 11580.2(a)(1). Insurers must offer it at limits equal to your bodily injury liability limits, up to $30,000 per person and $60,000 per accident Ins. Code 11580.2(m). Many people buy more.
The three conditions
The injury must come from physical contact between that car and you or your vehicle. The report goes to the city police or, in unincorporated areas, the sheriff or CHP. The sworn statement tells your insurer you have a claim against someone who can't be identified, with supporting facts Ins. Code 11580.2(b).
A driver who forced you off the road without touching your car raises the physical contact question. Talk to a lawyer before you assume that claim is gone.
On foot or on a bike
If the named insured on a policy is a person, the coverage protects that person, a spouse, and relatives who live in the same household, while in a vehicle "or otherwise" Ins. Code 11580.2(b). That usually covers a pedestrian or cyclist hit by a driver who fled. Check every auto policy in your household. Our California bicycle accident lawyer page covers the rest of a cyclist's claim.
What it pays for
The coverage pays what you would be legally entitled to recover from the driver for bodily injury, up to your limits Ins. Code 11580.2(a)(1). That can include medical bills, lost wages and pain and suffering. If you and your insurer can't agree, the claim can go to arbitration, so treat your own company as the other side.
Damage to your car
Uninsured motorist coverage for injuries does not pay for damage to your car. California's separate uninsured motorist property damage coverage applies only when the other driver or their license plate is identified. When the driver is truly unknown, repairs usually go through your collision coverage, subject to your deductible.
The injury coverage excludes property damage Ins. Code 11580.2(c)(1). Property damage coverage pays only after direct physical contact, when the owner, the driver or the plate number is identified, and you must tell your insurer within 10 business days Ins. Code 11580.26(b). A plate caught by a witness or a camera can change which coverage applies.
When the driver is found
If police identify the driver, you can bring a claim against the driver's liability insurance like any other crash claim. If that insurance is too small, your underinsured motorist coverage may add to it. If the driver is convicted, the criminal court must also order restitution for your economic losses, such as medical bills and lost wages.
California is an at-fault state, as our guide to whether California is a no-fault state explains. Policies issued or renewed since January 1, 2025 must carry at least $30,000 per person and $60,000 per accident for injuries Veh. Code 16056(a)(2), and a serious injury can cost far more.
After a conviction, the court must order restitution for the victim's economic losses, including medical expenses, counseling and lost wages Pen. Code 1202.4(f). Restitution does not cover pain and suffering, so the civil claim still matters. If you were uninsured yourself, read what Prop 213 means for your claim. Our car accident settlement calculator gives an illustrative damages calculation, not a valuation of your claim.
Help from the California Victim Compensation Board
The California Victim Compensation Board, called CalVCB, can pay some losses after a hit and run that no other source covers. California law says vehicle crashes generally don't count as crimes for this program, but injuries caused by a driver who fails to stop under Vehicle Code 20001 are an exception. Applications are generally due within seven years.
The hit-and-run exception is in Gov. Code 13955(e)(2)(B) and the deadline in Gov. Code 13953(a). CalVCB pays only losses no other source will reimburse, so insurance pays first Gov. Code 13951(e). Its official FAQ covers expenses such as medical treatment, counseling and funeral costs, caps payment at $70,000 per approved application, and asks applicants to cooperate with police and prosecutors.
If a family member died, our California wrongful death lawyer page explains who can bring that claim.
Hit-and-run deadlines in one place
A hit and run starts several clocks at once. The shortest is 24 hours to report to the police. The two-year limit to sue, settle or start arbitration on an uninsured motorist claim keeps running while police search for the driver. A claim against a public entity is usually due within six months.
| Step | Deadline | Source |
|---|---|---|
| Report the crash to the police, sheriff or CHP (unknown driver) | 24 hours | Ins. Code 11580.2(b) |
| Sworn statement to your own insurer (unknown driver) | 30 days after the report | Ins. Code 11580.2(b) |
| SR-1 report to the DMV, if you were driving | 10 days | Veh. Code 16000(a) |
| Report to your insurer for uninsured motorist property damage (identified driver or plate) | 10 business days | Ins. Code 11580.26(b) |
| Written claim against a city, county or state agency | 6 months | Gov. Code 911.2(a) |
| Sue, settle or start arbitration on an uninsured motorist claim | 2 years | Ins. Code 11580.2(i)(1) |
| Injury lawsuit against an identified driver | 2 years | CCP 335.1 |
| CalVCB application | Generally 7 years | Gov. Code 13953(a) |
Enter your crash date in our California Claim Clock to see your main dates. Neck injuries and back injuries can take weeks to show their full effect, so don't let early deadlines pass while you wait to feel better. Our California car accident lawyer page covers the rest of the claim, and we take cases in all 58 California counties.
Questions
Hit-and-run questions
What to do after a hit and run in California?
Get medical care, then report the crash to the police, or the CHP or sheriff outside city limits, within 24 hours. Note what you saw of the car, photograph the scene and get witness contacts. Then notify your own insurer in writing.
What is the penalty for leaving the scene of an accident in California?
It depends on the harm. Property damage only is a misdemeanor: up to six months in county jail and a fine up to 1,000 dollars (Vehicle Code section 20002). After an injury, the driver faces prison or jail and a fine of 1,000 to 10,000 dollars, with two to four years in prison possible for a death or permanent, serious injury (Vehicle Code section 20001).
Who pays for my injuries if the hit-and-run driver is never found?
Usually your own uninsured motorist coverage. California treats a car with an unknown driver and owner as uninsured if it physically hit you or your vehicle, you reported to the police within 24 hours and you gave your insurer a sworn statement within 30 days (Insurance Code section 11580.2).
Does uninsured motorist coverage cover a hit and run in California?
Yes, for injuries. It comes with every California auto liability policy unless the policyholder deleted it in writing (Insurance Code section 11580.2). Damage to your car is different: uninsured motorist property damage coverage needs the driver or the license plate identified.
Am I covered if I was walking or riding a bike when a driver hit me and fled?
Often, yes. Uninsured motorist coverage protects the named insured, a spouse and relatives who live with them while in a vehicle or otherwise, which includes on foot and on a bike (Insurance Code section 11580.2). Check every auto policy in your household.
How long do I have to file a claim after a hit and run in California?
Several clocks run at once: 24 hours for the police report, 30 days for the sworn statement to your insurer, and two years to sue, settle or start arbitration on an uninsured motorist claim. A lawsuit against an identified driver is generally due within two years, and a claim against a public entity within six months.
Can the California Victim Compensation Board help after a hit and run?
Yes. Injuries from a driver who fails to stop qualify for the state program (Government Code section 13955). CalVCB pays only losses no other source covers, you must cooperate with the police, and applications are generally due within seven years.
Sources
- Vehicle Code section 20001 (duty to stop after an injury crash; penalties).
- Vehicle Code section 20002 (property damage only).
- Vehicle Code section 20003 (information and assistance).
- Insurance Code section 11580.2 (uninsured motorist coverage; unknown drivers; two-year rule).
- Insurance Code section 11580.26 (uninsured motorist property damage).
- Vehicle Code section 16000 (SR-1 report to the DMV) and section 16056 (minimum liability limits).
- Penal Code section 1202.4 (victim restitution).
- Government Code section 13951, section 13953 and section 13955 (victim compensation).
- California Victim Compensation Board, Frequently Asked Questions.
- Code of Civil Procedure section 335.1 and Government Code section 911.2 (deadlines).
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