Did someone hit you and drive away? If they injured you or damaged your vehicle and fled, they broke the law. But there’s good news: You can still seek compensation, even if the at-fault driver is never found. In this comprehensive guide, we’ll cover everything you need to know about hit-and-run accidents in California, including what happens if someone hits your car and leaves, the penalties for leaving the scene of an accident in California, and how to protect your rights.
Hit-and-run incidents are unfortunately common on California’s busy roads, from Los Angeles freeways to San Francisco streets. Whether you’re dealing with property damage, injuries, or worse, understanding your options is crucial. We’ll break down the legal aspects, provide practical steps, and share real success stories from Sally Morin Personal Injury Lawyers to show how victims like you have recovered substantial compensation.
Understanding Hit-and-Run Accidents in California
Scene of a hit-and-run crash in South Los Angeles, highlighting the chaos left behind.
Did someone crash into you and flee the scene? If they injured you or damaged your property and drove away, they broke California law. Fortunately, you may still be able to seek compensation—even if the at-fault driver is never found.
In California, leaving the scene of an accident is a criminal offense under California Vehicle Code sections 20001 and 20002. Anyone involved in a crash that causes injury, death, or property damage must stop immediately, provide aid if needed, and exchange information such as names, contact details, and insurance information. Failing to do so is considered a hit-and-run, which can result in serious legal penalties, including criminal charges and civil liability.
Hit-and-runs can happen in various scenarios: a fender-bender in a parking lot, a sideswipe on the highway, or a more severe collision causing injuries. The key is that the driver flees without fulfilling their legal duties. According to recent statistics, hit-and-run accidents account for a significant portion of crashes in the state, with urban areas like Los Angeles and San Francisco seeing higher rates due to dense traffic.
Difference Between Hit and Run and Leaving the Scene
Many people search for the “difference between hit and run and leaving the scene,” but in reality, there is no practical difference—the terms are often used interchangeably. “Hit and run” is a colloquial term commonly used by the public and media, while “leaving the scene of an accident” is the formal legal terminology found in statutes like California’s Vehicle Code.
Both refer to the act of being involved in a collision and failing to stop, identify yourself, or provide assistance. In California, it’s prosecuted under the same laws, regardless of the label. Understanding this can help clarify confusion when reading police reports or legal documents.
Penalties for Leaving the Scene of an Accident in California
California law imposes harsh penalties for hit-and-run accidents, especially when someone is injured. The severity depends on whether the incident involves only property damage or bodily injury/death. Hit-and-run with injury is often a “wobbler” offense, meaning it can be charged as either a misdemeanor or felony based on circumstances.
Here’s a comparison table of misdemeanor vs. felony hit-and-run charges:
| Aspect | Misdemeanor Hit-and-Run (VC 20002 – Property Damage Only) | Misdemeanor Hit-and-Run (VC 20001 – With Injury) | Felony Hit-and-Run (VC 20001 – Serious Injury or Death) |
| Typical Scenario | Involves only vehicle or property damage, no injuries | Involves minor injuries | Involves serious bodily injury or death |
| Jail/Prison Time | Up to 6 months in county jail | Up to 1 year in county jail | 2, 3, or 4 years in state prison |
| Fines | Up to $1,000 | $1,000 to $10,000 | Up to $10,000, plus restitution |
| Probation | Up to 3 years | Possible | Possible, but less likely |
| DMV Points | 2 points on driving record | 2 points | 2 points, plus potential license suspension/revocation |
| Other Consequences | Restitution to victim, community service | Restitution, potential license suspension | Mandatory restitution, felony record impacting employment |
Even if the driver is caught and criminally charged, you’ll still need to pursue a civil claim to recover compensation for medical bills, lost wages, pain and suffering, and other damages. Criminal penalties don’t automatically provide financial recovery for victims—that’s where a personal injury lawyer comes in.
What NOT to Do After a Hit-and-Run
While knowing what to do is important, avoiding common mistakes is equally crucial:
- Don’t Chase the Fleeing Driver: This can lead to more accidents or danger. Let the police handle it.
- Don’t Overshare Online: Avoid posting about the accident on social media. Insurance companies or opposing lawyers could use your words against you.
- Refuse Recorded Statements: If an insurance rep asks for one, politely decline until you’ve spoken with your attorney.
- Don’t Delay Medical Care or Documentation: Prompt treatment and records are essential for proving damages.
Can You File a Claim If the Driver Isn’t Found?
Yes, absolutely. Even if the hit-and-run driver is never located, you may recover compensation through your own uninsured motorist (UM) coverage. This optional but highly recommended insurance in California can cover:
- Medical expenses
- Lost income
- Pain and suffering
- Property damage
If you have UM coverage, your insurer steps in as if they were the at-fault party’s provider. An experienced hit-and-run accident attorney can help navigate this process, identify additional sources like underinsured coverage, and ensure you get fair compensation.
Statute of Limitations for Hit-and-Run Claims in California
Time is critical. In most hit-and-run cases, the statute of limitations is:
- 2 years for personal injury claims
- 3 years for property damage claims
However, if involving a government entity (e.g., poor road maintenance contributed), it could be as short as 6 months. Delays risk losing evidence like surveillance footage or witness availability. Contact an attorney ASAP to avoid missing deadlines.
Our Success Stories in Hit-and-Run Cases
At Sally Morin Personal Injury Lawyers, we’ve helped numerous victims track down fleeing drivers and secure compensation. Here are some real California cases:
$100,000 for Southern CA Scooter Passenger in Hit-and-Run
Two women on a scooter in San Diego were clipped by a car, throwing the passenger into the street. The driver fled, but we tracked her via witnesses and secured UM funds through DMV collaboration.
$100,000 for San Francisco Motorcyclist in Hit-and-Run Accident
A motorcyclist was sideswiped turning into his driveway; the driver fled. Dashcam footage from another vehicle helped us pursue maximum insurance limits.
$65,000 for Oakland Bicyclist Crushed by Hit-and-Run Driver
An Oakland commuter was crushed under a truck trailer. The driver claimed unawareness, but our deposition secured an admission of fault and a high-value award.
$45,000 Settlement for Oakland Bicycle Hit-and-Run Victim
A cyclist at West and 27th Streets was hit by a turning car that fled. We reduced medical bills and maximized insurance benefits.
$25,000 for Bicyclist With Elbow Injuries From Hit and Run Driver
A training cyclist was cut off by a driveway-pulling driver who fled. We secured $25,000 despite surgeries and the escape.
$100,000 Policy Limits Settlement for Runner Hit by Car in San Francisco
A 29-year-old project manager jogging at Market and Dolores Streets was struck by a red-light-running driver. Suffering broken bones, a fractured pelvis, and a severed artery, he faced massive bills and insurance denials. We navigated low policy limits ($15,000 from the at-fault driver), underinsured coverage, and medical liens, securing $100,000 total and netting him over $30,000 after expenses. Read more about this case.
The moral: Hit-and-run drivers can’t hide forever. Even if not found, substantial compensation is possible.
What Our Clients Say
We pride ourselves on empathetic, effective representation. Here’s what clients say:
“The lawyers at Sally Morin definitely made it very easy for me. They just took care of everything for me. And they were very communicative and answered all of my questions, which was really great. This was the first time that I had ever hired a lawyer and ever had to deal with a personal injury lawsuit like this. So it was really great to have them explain everything and just make it very easy on me and not have to really worry about pesty phone calls. I never had to leave work to make a phone call, to deal with this. They took care of everything and were able to represent me and finish the claim in my favor.”
Assess Your Case with Our Free Tool
Wondering if you have a strong case after a hit-and-run? Use our interactive “Do I Have a Case” tool below to get a quick assessment. It’s free, easy, and can help you understand your options.
Personal Injury Settlement Calculator
Frequently Asked Questions (FAQ)
Experienced a serious hit-and-run accident in California? Check out our Hit and Run Accident Page to learn more about how the process works.
We Handle Your Claim So You Can Focus on Recovery
After an injury, contact the attorneys at Sally Morin Personal Injury Lawyers. We handle many areas of the law, including hit-and-run accidents. We believe you should be able to focus on recovering while we handle the legal details.
We truly care about the people of California. Don’t let a hit-and-run derail your life—get the compensation you deserve. Contact us today for a free online case evaluation. Our team is ready to fight for you.
San Francisco: 415-413-0033
Los Angeles: 323-283-8211
Phone: 877-380-8852
Sincerely
KJJ
Carmen is a very capable law professional. she is expert in her domain, also she is very skillful in finding the key information.
Carmen is also a compassionate and kind person, she listened and also put my interests in priority. At the same time she patiently explained to me the law information.
Carmen is also very good with execution, the whole process she is proactively driving it towards the satisfactory result
What more can you ask for a lawyer who is capable, professional, kind, effective and efficient.
They took over the whole case and handled everything.
The whole team was very personable, professional, keeped us in the loop the entire time and cared about what was going on.
They also set us up with all the right people to make sure the settlement funds were properly handled in the most efficient way for us.
I just dont think we could have done all of this without them. It was a terrible time for our family, and we are very gratefull for everything they did for us! Thank you guys! ~HavasuLew
