Victim of a Hit-and-Run? A Guide to Finding Evidence and Getting Compensation

California has the unfortunate distinction of being America’s hit-and-run capital. According to the latest data from the National Highway Traffic Safety Administration (NHTSA), our state saw 405 hit-and-run fatalities in a single recent year—the highest in the nation. Beyond those tragedies, the California Highway Patrol (CHP) reports over 30,000 hit-and-run crashes that cause injuries annually.

If you are one of these statistics, the experience is terrifying and infuriating. One moment, you’re driving safely; the next, you’re struck by a driver who makes the criminal decision to speed away. In the chaotic aftermath, you’re left with a flood of urgent questions: “Who will pay for my medical bills? How can they be held accountable if they’re gone? Is there anything I can do?”

The answer is yes. As a victim of a hit-and-run in California, you have rights and options for financial recovery. This guide will walk you through the immediate steps you must take and explain how a successful claim is built, even if the driver is never found.

The Quick Answer: Key Evidence in a Hit-and-Run

Proving a hit-and-run case relies on gathering physical and digital evidence as quickly as possible. The most powerful evidence includes:

• Eyewitness Testimony (especially with a license plate number)
• Video Footage (from security, doorbell, or traffic cameras)
• A Partial License Plate Number
• Paint Transfer and other physical evidence on your vehicle

Your First Steps: What to Do Immediately After a Hit-and-Run

The evidence that can solve your case is most available in the first few minutes and hours after the crash. What you do at the scene matters.

1. Prioritize Safety & Call 911: Your first priority is your health. If you are injured, request an ambulance. Always call the police to file an official report. A police report is a critical piece of evidence that documents the crime.

2. Try to Remember and Record Details: Do not try to chase the other driver. Instead, immediately write down or record a voice memo of everything you can remember about the vehicle:
   • Make, model, and color
   • Even a partial license plate number (e.g., “The first three letters were JXR”)
   • Any visible damage on their car
   • The direction they were headed

3. Look for Witnesses: Ask anyone who stopped if they saw the crash and got a license plate number. Get their name and phone number. Look for nearby businesses, homes, or traffic cameras that may have recorded the incident.

4. Take Photos of Everything: Document the scene from multiple angles, the damage to your car (including any paint transfer from the other vehicle), and your injuries.

5. Report the Accident to Your Own Insurer: Notify your own car insurance company about the hit-and-run as soon as possible to get the claim process started.

The Investigation: How We Find a Hit-and-Run Driver

While the police conduct a criminal investigation, your personal injury lawyer will launch a civil investigation focused on securing your compensation. We use various methods to identify the driver and build your case:

• Eyewitness Testimony: A witness who got the license plate number is the single most valuable piece of evidence.
• Video Surveillance: We will canvass the area for security cameras from nearby businesses, doorbell cameras from homes, and Caltrans traffic cameras that may have captured the vehicle.
• Paint Transfer Analysis: Paint chips left on your vehicle can be analyzed to help identify the make and model of the fleeing car.
• The Driver’s Own Mistakes: Often, hit-and-run drivers will try to get their vehicle repaired at a body shop. We can work with law enforcement to put out alerts to local repair shops.

Two Paths to Justice: The Criminal Case vs. Your Civil Claim

A hit-and-run is unique because it’s both a crime and a civil wrong. This means there are two separate legal cases that can happen at the same time, each with a different goal. Understanding the difference is key to knowing your rights.

The Most Important Question: What If the Driver is Never Found?

This is the biggest fear for any hit-and-run victim, but it is not the end of your case. If the driver cannot be identified, you can still get compensation through your own auto insurance policy.

This is possible thanks to Uninsured Motorist (UM) Coverage. In California, a “phantom driver” from a hit-and-run is legally treated the same as a driver who has no insurance. Your UM coverage steps in to play the role of the at-fault driver’s insurance, covering your:

• Medical Bills
• Lost Wages
• Pain and Suffering

This is the most critical protection you have after a hit-and-run.

Is a Claim Possible, Even If the Driver is Gone?

The aftermath of a hit-and-run can feel hopeless. Our free and confidential “Do I Have a Case?” tool can help you understand your options and the strength of your potential claim, even if the other driver is unknown.

A Record of Success in Hit-and-Run Cases: Our $100,000 Settlement

We have extensive experience helping victims of hit-and-run accidents. We represented a motorcyclist who was forced off the road by a “ghost driver” who never stopped, resulting in a severe ankle fracture that required surgery. Because the driver was never found, we built a powerful case and filed a claim against our client’s own Uninsured Motorist (UM) policy. We successfully proved the case and secured the $100,000 policy limit for him, demonstrating that a full financial recovery is possible even when the at-fault driver disappears. Read More

What Our Clients Say

“The attorneys at Sally Morin are excellent. While walking in a crosswalk with a “WALK” light flashing, my elderly mother was struck by a vehicle. My mother suffered a broken leg, along with other superficial injuries. After nearly 1.5 years of physical therapy, my mother is now able to walk reasonably normally, although much of the damage is permanent.

We engaged Sally Morin’s lawyers to handle the claim. The attorneys and staff have extensive experience handling pedestrian-vehicle injury claims. The entire staff, including attorneys and paralegals, are all very competent and professional. All my mother was tasked to do was to keep the attorneys apprised of her recovery (e.g., appointments, outcomes, tests, test results, etc.), keep track of payments for items purchased to promote her recovery and/or to allow her to live in a house with limited mobility (e.g., wheelchair rental, crutches, bathroom modifications, exercise bicycle, braces), and to provide relevant documents (e.g., receipts, insurance documents). When the dust finally settleed, we were able to obtain the maximum settlement amount, based on the policy limits of the driver.

As an attorney myself, I wanted to make sure that my elderly mother was represented by attorneys who are experts in their fields, and who are thorough and detail-oriented. I found this in Sally Morin’s attorneys. In particular, Annie Levitt Heller was excellent. She answered all of our questions and helped guide us through this unfamiliar process, to secure an excellent outcome for my family.

In case of any personal injury, I would wholeheartedly, and without reservation, recommend the attorneys at Sally Morin Law.” Eric, Yelp Review

Read Eric L.'s review of Sally Morin Personal Injury Lawyers on Yelp

Frequently Asked Questions About Hit-and-Run Accidents

Don’t Let a Hit-and-Run Driver Take Your Future

Being the victim of a hit-and-run is a traumatic and unjust experience. But you are not without options. At Sally Morin Personal Injury Lawyers, we are experts at investigating these difficult cases and uncovering all possible sources of recovery for our clients.

Whether we are tracking down the fleeing driver or building a powerful claim against your own insurance policy, our goal is to get you the full compensation you deserve. Contact us today for a free case evaluation.

Call 877-380-8852 or get in touch online to get started.