Your Rights Under California Accident Laws After a Hit-and-Run

The shock of a collision is bad enough. But when the other driver speeds away, it leaves you with a unique sense of helplessness and anger. You’re left with a damaged car, potential injuries, and a thousand questions about what to do next. It’s easy to feel like you have no options. However, specific California accident laws are designed for this exact situation. Understanding the state’s car accident hit and run laws is your first step toward protecting your rights and securing the financial compensation you deserve.

A hit-and-run crash can leave you shaken, frustrated, and unsure of what to do next. Whether you are the driver who stayed at the scene or the victim left behind, knowing what California law says about these incidents helps you protect yourself and build a clear path forward. Deldar Legal is here to explain it all and help you recover from injuries after a California hit-and-run accident.

What Are Your Rights Under California Hit-and-Run Laws?

California hit-and-run laws are designed to protect public safety and encourage accountability. The law requires every driver involved in a crash that causes injury, death, or property damage to stop immediately. They must share their name, address, driver’s license number, and insurance information with the other party or with law enforcement.

When a driver leaves the scene, two types of cases can arise. A misdemeanor hit-and-run occurs when only property damage exists. A felony hit-and-run applies when another person is hurt or killed. Both violations can result in fines, license suspension, and jail time. The law does not excuse drivers who panic, fear arrest, or have no insurance.

Victims of a hit-and-run can still seek compensation. California allows claims through insurance coverage, including uninsured motorist protection, which applies when the other driver cannot be found. Acting quickly helps preserve evidence and strengthens any potential claim for damages.

Why Did the Other Driver Leave the Scene?

Many drivers flee a crash due to fear, confusion, or poor judgment. Common reasons include:

• Driving under the influence of alcohol or drugs
• Operating a vehicle without insurance
• Driving on a suspended license
• Fear of arrest or immigration consequences
• Believing the accident was too minor to report

California courts take these motives seriously but do not consider them valid excuses. The duty to stop is absolute, and failure to do so creates both criminal exposure and civil liability.

What Penalties Do Hit-and-Run Drivers Face in California?

Two main statutes define California hit-and-run laws:

• Vehicle Code §20001 – Leaving the scene of an accident that causes injury or death.
• Vehicle Code §20002 – Leaving the scene of an accident that causes property damage only.

Under §20001, a felony conviction may lead to fines up to $10,000 and imprisonment for up to four years. For §20002, a misdemeanor conviction may bring fines of up to $1,000 and up to six months in jail. Both require restitution for damages and potential suspension of the driver’s license.

Every driver has a legal duty to stop and provide aid when needed. Even minor accidents should be reported to police and insurance companies to avoid harsher penalties later.

Hit by a Driver Who Fled? Here’s What to Do Next

Knowing what to do in the first few minutes after a hit-and-run can make all the difference in your recovery and claim.

Step 1: Call 911
Report the crash to police and request medical assistance for anyone injured. A police report creates an official record and helps investigators locate the fleeing driver.

Step 2: Gather Evidence
If you can do so safely, write down or photograph the vehicle’s color, make, and license plate. Note the direction it traveled. Collect witness names, nearby surveillance camera locations, and any details that could help identify the driver.

Step 3: Seek Medical Care
Even if injuries appear minor, get evaluated by a medical professional. Prompt treatment protects your health and provides vital documentation for insurance and legal claims.

Step 4: Contact Your Insurer and Law Enforcement
Report the crash to your insurance provider and the Department of Motor Vehicles. Provide a copy of the police report once available.

Step 5: Consult a California Personal Injury Lawyer
An attorney familiar with traffic and insurance law can assist with your claim, communicate with insurers, and identify sources of compensation such as uninsured motorist coverage.

Filing an SR-1 Form with the DMV

In California, your reporting duties don’t always end with the police and your insurance company. You are also required to report the accident to the Department of Motor Vehicles (DMV) by filing an SR-1 form. This is mandatory if the crash resulted in any injuries, death, or property damage exceeding $1,000. You must submit this form within 10 days of the incident, regardless of who was at fault. This requirement applies to every driver involved. Failing to file the SR-1 can lead to the suspension of your driving privilege. It’s a crucial step that provides the DMV with an official record of the accident, separate from any law enforcement or insurance reports.

Your Legal Duty if You Hit a Parked Car

Accidents don’t just happen with moving vehicles. If you hit a parked car or other unattended property, California law is very clear about your responsibilities. You must stop and try to find the owner. If you can’t locate them, you are legally required to leave a note in a visible and secure place on the vehicle. This note must include your name, address, and a brief explanation of what happened. Simply driving away is considered a hit-and-run, even if the damage seems minor. Fulfilling this duty is not just the right thing to do; it protects you from facing misdemeanor charges under California Vehicle Code §20002.

How Fault is Determined in California Accidents

After a crash, one of the first and most critical questions is, “Who was at fault?” The answer to this question shapes everything that follows, from insurance claims to financial recovery for your injuries. In California, determining fault isn’t always straightforward. It involves a specific legal framework that looks at the actions of everyone involved. Understanding how this process works is the first step toward protecting your rights and securing the compensation you need to heal. It requires a careful review of the evidence and a clear understanding of state laws that govern liability.

California’s “At-Fault” System

California operates under an “at-fault” system for all types of accidents. This means the person or party who is legally responsible for causing the crash is also responsible for paying for the resulting damages. This includes medical bills, lost income, property damage, and pain and suffering. Unlike “no-fault” states where your own insurance covers your initial costs regardless of who caused the accident, California law requires you to prove the other party’s negligence to recover compensation from them. This makes gathering evidence and building a strong case essential for anyone injured in an auto accident or other personal injury incident.

Understanding Pure Comparative Negligence

California law also follows a rule called “pure comparative negligence.” This might sound complicated, but the idea is simple: you can still recover damages even if you were partially to blame for the accident. Your total compensation is just reduced by your percentage of fault. For example, if you were awarded $100,000 in damages but found to be 10% at fault, you would receive $90,000. Insurance adjusters often try to use this rule to shift as much blame as possible onto you to reduce their payout. This is why it’s so important not to accept their assessment of fault without question. An experienced attorney can help protect you from unfair blame and fight for the full compensation you deserve.

Evidence Used to Establish Liability

Proving fault requires solid evidence. Insurance companies and courts rely on several key pieces of information to piece together what happened. This includes the official police report, statements from eyewitnesses, photographs and videos of the accident scene, and vehicle damage. In more complex cases, accident reconstruction experts may be brought in to analyze the physics of the crash. At Deldar Legal, our team moves quickly to preserve this critical evidence, often conducting our own investigation to build the strongest possible case for our clients. A thorough investigation is the foundation of a successful claim.

Special Rules: Parental Liability for Minors

California has specific laws that apply when a minor causes an accident. If a driver under 18 is at fault for a crash, their parents or legal guardians can be held financially responsible for the damages. This rule recognizes that parents have a duty to supervise their children’s activities, including driving. This area of law can add another layer of complexity to a claim, especially when determining the limits of liability and identifying all available sources of compensation. Navigating these situations requires a deep understanding of California vehicle codes and civil liability statutes, which is where having a knowledgeable legal team like our firm becomes invaluable.

Will Your Insurance Cover a Hit-and-Run Accident?

Victims are not without help when the other driver disappears. Several types of coverage can apply under California hit-and-run laws:

California’s Minimum Liability Insurance Requirements

California law requires every driver to carry liability insurance as a basic measure of financial responsibility. This is meant to ensure that if a driver causes a crash, there is a source of funds to help cover the victim’s medical bills and property damage. The state sets minimum coverage amounts that all drivers must have. Currently, those minimums are $15,000 for the injury or death of one person, $30,000 for injuries or deaths involving more than one person, and only $5,000 for property damage. Unfortunately, these amounts are often far too low to cover the actual costs of a serious auto accident.

Recognizing that these limits are inadequate, California is raising the requirements. Starting January 1, 2025, the new minimums will increase to $30,000 for a single person’s injuries, $60,000 for total injuries per accident, and $15,000 for property damage. While this is an improvement, even these higher amounts can be quickly exhausted by a single emergency room visit, ongoing physical therapy, or major vehicle repairs. This is why it’s so important to understand your own insurance policy and explore all available options after a hit-and-run, as the other driver’s coverage—if they are ever found—may not be enough to make you whole.

Your First Line of Defense: Uninsured Motorist Coverage

Uninsured motorist coverage pays for injuries and losses when the at-fault driver cannot be found or does not carry valid insurance. Underinsured motorist coverage applies when the fleeing driver has insurance but not enough to cover the full cost of medical bills and damages. These protections are part of most California auto insurance policies unless the driver rejects them in writing. Using UM or UIM coverage allows you to seek compensation for medical treatment, lost wages, and pain related to the crash.

How Collision Coverage Can Pay for Your Repairs

Collision coverage repairs your vehicle after a crash, no matter who caused it. This protection helps you move forward without waiting for the other driver to be identified. Submitting a claim under your collision policy can speed up repairs and keep your transportation needs on track. While you may need to pay your deductible, your insurer can later seek repayment from the at-fault driver if they are found.

Covering Medical Bills with MedPay

Medical payments coverage provides fast access to funds for treatment after a hit and run. MedPay pays for hospital visits, ambulance rides, and other medical care right away without needing to prove fault. It also covers passengers injured in your vehicle and can work together with health insurance for added protection. Having this coverage means you can focus on recovery instead of worrying about unpaid bills while investigations continue.

Together, these insurance options create a safety net for victims of hit and run crashes. They reduce financial stress, keep medical care accessible, and give you time to pursue justice under California hit-and-run laws.

Other Important Coverages to Know

Beyond the main policies, a few other types of coverage can make a huge difference in your financial stability after a crash. These are often optional add-ons, so it’s worth checking your policy to see what protections you have. Understanding these can help you prepare for unexpected costs and logistical headaches while you focus on getting back on your feet.

Gap Insurance for Totaled Vehicles

When an insurance company declares your car a total loss, their payout might not cover what you still owe on your auto loan. This difference is known as the “gap,” and you are responsible for paying it. This is where gap insurance comes in, a protection the California Department of Insurance explains is designed to cover this exact shortfall, protecting you from a significant financial burden.

Rental Car Reimbursement

If a hit-and-run leaves your car in the repair shop for days or even weeks, how do you manage getting to work, school, or medical appointments? Rental car reimbursement coverage helps pay for a temporary vehicle while yours is being repaired. This coverage isn’t standard, so you must have purchased it as an add-on to your policy. Check your policy details to confirm you have it and to understand the daily limits.

Coverage for a Newly Purchased Car

If you just bought a new car, most insurance policies automatically cover it for a brief period, often 30 days or less. However, this grace period is not indefinite. You must inform your insurance company about the new vehicle within that specified time to ensure your coverage continues without interruption. Forgetting this step could leave you without protection when you need it most.

Driving Out-of-State or in Mexico

Your California auto policy generally covers you when you drive in other U.S. states, U.S. territories, and Canada. However, coverage almost always stops at the Mexican border. If you plan to drive into Mexico, you will need to purchase a separate liability policy from a licensed Mexican insurance company. Assuming your standard policy protects you in Mexico is a common and costly mistake, so always verify your coverage before you travel.

How Do You Prove a Hit-and-Run Claim?

Evidence plays a key role in both criminal prosecution and civil recovery. A strong California hit-and-run laws claim rests on clear proof that the driver failed to stop and that their actions caused measurable harm.

Useful evidence includes:

• Police and CHP reports detailing witness statements and damage patterns
• Surveillance or dash camera footage from nearby intersections or vehicles
• Photos of debris, skid marks, and vehicle damage
• Medical records linking injuries to the crash
• Testimony from eyewitnesses who saw the vehicle flee

Prompt reporting also helps investigators track license plates through surveillance networks. Victims who gather information early improve their chance of identifying the responsible driver or filing a stronger uninsured motorist claim.

Your Rights When Filing an Insurance Claim

Dealing with an insurance company after a hit-and-run is often the last thing you want to do. The process can feel confusing and intimidating, especially when you’re focused on recovering from your injuries. However, California law provides you with specific rights to ensure you are treated fairly and your claim is handled promptly. Insurance companies are bound by strict rules, and knowing these rules can empower you to hold them accountable. Understanding your rights is the first step toward securing the compensation you need to cover medical bills, vehicle repairs, and other losses without unnecessary delays or pushback from your insurer.

These protections are part of the California Fair Claims Settlement Practices Regulations, which outline how insurers must behave when you file a claim. They can’t ignore your calls, drag out their investigation, or pressure you into accepting a lowball offer. While you can manage this process on your own, having an experienced advocate on your side can make a significant difference. At Deldar Legal, we handle all communications with insurance companies, making sure they adhere to every deadline and legal requirement. This allows you to step back from the administrative stress and focus completely on your health and well-being.

How Long Insurers Have to Respond

Your insurance company can’t leave you waiting indefinitely. California law sets clear deadlines for them to act on your claim. Once you report the hit-and-run, your insurer must begin investigating within 15 days. They are also required to respond to any messages from you—whether by phone or email—within 15 days. After you’ve submitted the necessary paperwork showing your losses (like medical bills or repair estimates), they have 40 days to either accept or deny your claim. These timelines are designed to prevent insurance companies from stalling, ensuring your claim moves forward in a timely manner.

Understanding the Subrogation Process

Subrogation is a term you might hear after filing a claim. In simple terms, it’s the process where your insurance company seeks to recover the money it paid you from the person who was actually at fault for the accident. For example, if you use your own collision coverage to repair your car after a hit-and-run and the driver is later found, your insurer will go after their insurance to get reimbursed. The law also requires your insurer to include your deductible in their subrogation efforts, meaning they must try to get that money back for you, too.

You Have the Right to Choose Your Repair Shop

After an accident, your insurance company might suggest you take your car to one of their “preferred” or “direct repair” shops. While this can seem convenient, you are under no obligation to do so. In California, you have the absolute right to have your vehicle repaired at any shop you choose. An insurer cannot force you to use a specific facility. If you have a trusted mechanic you want to use, your insurance company must still pay for all reasonable repair costs. This right ensures you can select a shop based on quality and trust, not just the insurer’s bottom line.

When to Contact the California Department of Insurance

If you believe your insurance company is acting in bad faith—by unfairly denying your claim, offering an unreasonably low settlement, or failing to meet legal deadlines—you have recourse. The California Department of Insurance (CDI) is a state agency that protects consumers and investigates complaints against insurers. Filing a complaint with the CDI can prompt an investigation into the company’s practices. While the CDI is a powerful resource, resolving these disputes often requires dedicated legal pressure. An experienced auto accident attorney can advocate directly on your behalf to correct the issue and protect your right to fair compensation.

How to Recover Your Losses After a Hit-and-Run

Even if the fleeing driver faces criminal charges, victims can file civil claims for damages. Under California hit-and-run laws, you may recover:

• Medical expenses and rehabilitation costs
• Lost income and reduced earning capacity
• Property damage for your vehicle or personal belongings
• Pain, emotional distress, and loss of quality of life

For fatal collisions, families may pursue a wrongful death claim to cover funeral expenses and loss of companionship. Civil recovery focuses on restoring what was lost, separate from any criminal penalties the driver may face.

How Long Do You Have to File a Claim in California?

Every claim under California hit-and-run laws must be filed within specific time limits. Victims have two years from the date of injury to bring a personal injury claim and three years for property damage. Claims against public agencies, such as city or state vehicles, must be submitted within six months of the crash.

Key filing deadlines to remember:

• Two years for personal injury claims
• Three years for property damage claims
• Six months for claims against government entities

Time moves quickly after a collision, and crucial details can disappear. Witnesses may forget what they saw, and security footage can be erased within days. Taking action early protects your right to recovery and strengthens your claim under California law.

How to Protect Yourself From Hit-and-Run Drivers

Preventing hit-and-run incidents starts with responsibility behind the wheel. Every driver can play a part in reducing these crimes.

Tips for safer driving and responsible response:

• Stay calm after a crash and move vehicles to a safe area if possible
• Exchange information even when damage appears minor
• Call police to report every accident, no matter the size
• Keep a dash camera or use your phone to document collisions
• Carry active insurance and know what coverage you have

The California Office of Traffic Safety reports thousands of hit-and-run collisions each year. Awareness and accountability help protect everyone on the road.

FAQs for California Hit-and-Run Laws

Let’s Discuss Your Hit-and-Run Case

At Deldar Legal, we’re more than just attorneys, we’re your partners in recovery. If you’ve suffered an injury due to someone else’s negligence, you deserve a top-rated auto accident lawyer in California who will fight for your rights and help you rebuild your life. From the moment you contact us, we handle everything, from medical appointments and transportation to insurance negotiations and legal paperwork, so you can focus on healing.

Our experienced team represents clients across a wide range of personal injury cases, including:

• Car, truck, and motorcycle accidents
• Uber and Lyft rideshare accidents
• Pedestrian and bicycle accidents
• Slip-and-fall and premises liability claims
• Dog bites and animal attacks
• Traumatic brain injuries, spinal cord damage, and other catastrophic injuries
• Wrongful death of a loved one

Deldar Legal is here to help. We offer free consultations and work on a no win, no fee basis, so there’s no risk in reaching out.

Call us today at (844) 335-3271 or contact us to speak with an experienced California injury lawyer. Let Deldar Legal fight for the justice and compensation you deserve.

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