Can You File a Personal Injury Claim After a Hit-and-Run Accident?

Getting hit by a driver who speeds away leaves you with more than vehicle damage or physical pain. It leaves you with questions. Who pays for your medical bills if the driver is never found? Do you have any legal options at all? For California drivers, the answer is yes. You can pursue compensation after a hit-and-run, even when the at-fault driver disappears into traffic and is never identified.

What Counts as a Hit-and-Run in California

California law treats hit-and-run accidents as a criminal matter, separate from any civil claim you may have. Under California Vehicle Code Section 20002, a driver involved in a collision that causes only property damage must stop, exchange information, and in some cases notify law enforcement. When the collision causes injury or death, Vehicle Code Section 20001 applies, and the offense becomes a felony. A driver who flees the scene without doing these things has broken the law, regardless of who caused the crash.

This distinction matters because criminal liability and civil liability run on separate tracks. The driver may eventually face criminal charges for fleeing the scene, but that process does not automatically compensate you for your injuries. A personal injury claim is the path to recovering medical expenses, lost wages, and other damages, and it works differently depending on whether the driver is ever identified.

If the Driver Is Identified

When police locate the driver who fled, your case moves forward much like any other car accident claim. You can pursue a claim against that driver’s auto insurance policy for your medical costs, property damage, lost income, and pain and suffering. If the driver was uninsured, which is unfortunately common among people willing to flee an accident scene, you may need to rely on your own coverage instead.

If the Driver Is Never Found

This is the scenario that worries most hit-and-run victims, and it is also the one where an experienced attorney can make the biggest difference. In California, your own uninsured motorist (UM) coverage typically becomes the primary source of compensation when the at-fault driver cannot be identified. Insurance companies operating in California are required to offer UM coverage on every auto policy, and most drivers carry it, often without realizing how important it can become.

Under California Insurance Code Section 11580.2, your UM coverage steps in and treats the unknown driver as if they were an uninsured motorist. Your insurer pays for your bodily injury damages up to your policy limits, following the same evaluation process it would use for any other claim. This is one of the main reasons insurance professionals encourage drivers to carry UM limits that match their liability coverage rather than the state minimum. If your damages exceed your UM limit, that limit becomes the ceiling on what you can recover, no matter how significant your injuries are.

For drivers who do not carry UM coverage, or in limited situations, California’s Automobile Assigned Claims Plan may provide another avenue for recovery. This program exists specifically for accident victims who have exhausted other options.

Steps That Protect Your Claim

A few actions in the hours and days after a hit-and-run can make a real difference in how your claim plays out later:

Report the accident promptly. Most insurance policies require notification to law enforcement within a short window, sometimes as little as 24 hours, particularly for uninsured motorist claims. A police report also creates an official record that supports your version of events.

Gather evidence while it still exists. Look for surveillance cameras from nearby businesses, ask witnesses for contact information, and photograph the scene, your vehicle, and your injuries. Fleeing drivers and their vehicles can be difficult to trace once time passes, so early evidence collection matters more here than in a typical accident.

Notify your own insurer quickly. Beyond the criminal reporting requirement, your insurance policy likely has its own internal deadline for filing a UM claim. This deadline can be far shorter than California’s general statute of limitations, so acting quickly protects your rights under the policy itself.

Get medical attention and keep records. Documented treatment connects your injuries to the accident and supports the value of your claim, whether you are dealing with an identified driver’s insurer or your own UM carrier.

Understanding Your Filing Deadline

California generally allows two years from the date of an accident to file a personal injury lawsuit, under Code of Civil Procedure Section 335.1. This deadline applies broadly to hit-and-run cases as well. However, uninsured motorist claims often involve separate contractual deadlines set by your insurance policy, and these can be significantly shorter. Missing a policy deadline can limit your options even though the general statute of limitations has not yet expired, which makes early action important.

Moving Forward After a Hit-and-Run

A hit-and-run accident can feel like it leaves you without recourse, but California law provides real paths to compensation, whether or not the driver is ever caught. Understanding your uninsured motorist coverage, acting quickly to preserve evidence, and knowing your deadlines all put you in a stronger position.

At the Law Offices of Brent D. George, our team regularly works with hit-and-run victims to sort through insurance coverage, filing deadlines, and next steps. If you have been injured in a hit-and-run accident, a conversation about your specific situation can help clarify what options are available to you.

Contact the Law Offices of Brent D. George today to schedule your free, confidential consultation.