By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hurt by a hit-and-run driver?
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What to do after a hit-and-run in California
- Call 911 and get medical care.
- Report the crash to police within 24 hours. Report to the city police, or to the sheriff or CHP if the crash was outside city limits. Without that report, your uninsured motorist coverage will not pay for an unknown driver (Ins. Code § 11580.2(b)(2)).
- Write down what you saw while it is fresh: any part of the plate, the color, make, damage and the direction the car went. Do not chase the driver.
- Look for cameras. In a September 2026 Hollywood hit-and-run, LAPD asked the public for surveillance footage to identify a driver who hit two pedestrians on Sunset Boulevard (Sunset Boulevard, Hollywood). Businesses record over video within days.
- Send your insurer a sworn statement within 30 days of the police report, saying you have a claim against an unidentified driver and giving the facts.
- Keep the damaged car, bike or helmet as it is. Paint transfer and broken parts can identify the other car.
Our FAQ on what to do after a hit-and-run in California has a checklist, and how to get a police report explains the request.
What California law requires of a driver after a crash
| Situation | What the driver must do | Penalty for leaving |
|---|---|---|
| Someone is hurt or killed | Stop immediately, give name, address and registration number, and give reasonable help, including arranging a ride to a doctor or hospital | State prison, or up to one year in county jail, a fine of $1,000 to $10,000, or both (Veh. Code § 20001(b)(1); § 20003) |
| Someone is killed or permanently and seriously injured | Same duties | Two, three or four years in state prison, or 90 days to one year in county jail, or the same fine range, or both (§ 20001(b)(2)) |
| Only property is damaged | Stop, find the owner or leave a note with name, address and what happened, then notify police | Misdemeanor: up to six months in jail, a fine up to $1,000, or both (§ 20002) |
Fleeing is a crime, but the civil claim still turns on whether the driver was careless in causing the crash. In a national study of drivers who fled fatal crashes and were later caught, two in five had no valid license and nearly three in five did not own the car they were driving (AAA Foundation). If alcohol played a part, see a drunk driver hit me.
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How you get paid when the driver is unknown or uninsured
Your own uninsured motorist (UM) coverage. Every California auto liability policy includes UM coverage unless the named insured gave it up in a signed written agreement. The statute defines “insured” to include the named insured, the spouse, and relatives who live in the same household “while occupants of a motor vehicle or otherwise,” so it can cover you on foot or on a bike (Ins. Code § 11580.2).
The three conditions for an unknown driver. A car whose owner and driver are unknown counts as uninsured only if (1) it made physical contact with you or the vehicle you were in, (2) the crash was reported to police within 24 hours, and (3) you filed a sworn statement with your insurer within 30 days. A driver who forced you off the road without touching you does not meet the physical-contact rule. More on this: hit by an uninsured driver in California.
The two-year rule for UM. Within two years of the crash you must sue the uninsured driver, reach an agreement with your insurer, or formally demand arbitration by certified mail, return receipt requested (§ 11580.2(i)). With an unknown driver, the arbitration demand is usually the step that protects you.
If the driver is found. The driver’s liability insurance pays first. Policies issued or renewed since January 1, 2025 must carry at least $30,000 per person and $60,000 per accident (Veh. Code § 16056). When that is not enough, your underinsured coverage can make up the difference (making a UIM claim).
Other sources. MedPay on your policy pays medical bills regardless of fault (how MedPay works in California). If you have no health insurance, see a car accident with no health insurance. A vehicle owned by the state, a city or another public agency is not an “uninsured motor vehicle” under the statute.
If the driver is caught: restitution and the criminal case
Restitution. When a crime causes a victim economic loss, the criminal court “shall order full restitution” (Pen. Code § 1202.4(f)). That includes medical bills, mental health counseling and wages lost because of the injury. Noneconomic losses are covered only for certain child sex crimes, so pain and suffering from a hit-and-run stays in the civil case. A restitution order is enforceable as if it were a civil judgment, and money actually collected is credited against a civil judgment for the same losses.
An arrest is the start. In August 2026 Santa Ana police arrested a driver accused of hitting a pedestrian with a pickup towing a trailer at Auto Mall Drive and Edinger Avenue; no conviction had been reported (Santa Ana arrest). Restitution depends on a conviction. Your civil claim does not have to wait for the criminal case.
A second deadline after a felony conviction. If the driver is convicted of a felony, a damages suit based on that felony may be filed within one year after judgment is pronounced, unless a longer period applies (CCP § 340.3). Still plan around the two-year deadline in CCP 335.1.
Help from the California Victim Compensation Board (CalVCB)
For the victim compensation program, an injury from driving a car is usually not a “crime.” The statute makes exceptions, including injuries caused by a driver who fails to stop at the scene in violation of Vehicle Code 20001, and injuries caused by a driver under the influence of alcohol or drugs (Gov. Code § 13955(e)(2)). CalVCB lists hit-and-run and driving under the influence among the crimes it covers (CalVCB FAQ).
- What it pays: medical and dental care, mental health treatment, income loss, funeral and burial costs and more, up to $70,000 per approved application (CalVCB, what is covered).
- Last in line: CalVCB pays only bills that insurance, public benefits, restitution or a civil recovery do not cover, and it can ask to be paid back if another source pays later.
- Conditions: you must cooperate with police and prosecutors. Apply within seven years of the crime (Gov. Code § 13953).
California deadlines and fault rules for hit-and-run claims
| Rule | California law | Source |
|---|---|---|
| Report an unknown driver to police | Within 24 hours, to keep UM coverage | Ins. Code § 11580.2(b)(2) |
| Sworn statement to your insurer | Within 30 days | § 11580.2(b)(2) |
| Sue the driver for injury or death | 2 years | CCP § 335.1 |
| Protect the UM claim | Within 2 years: sue, settle, or demand arbitration by certified mail | § 11580.2(i) |
| Driver convicted of a felony | 1 year after judgment, unless a longer period applies | CCP § 340.3 |
| CalVCB application | 7 years from the crime | Gov. Code § 13953 |
| Your own share of fault | Reduces the award, never bars it | Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 |
In Li v. Yellow Cab, the California Supreme Court held that a plaintiff’s own negligence does not bar recovery; damages are reduced in proportion to the plaintiff’s share of fault (opinion). See comparative fault in CA, TX and WA. When a hit-and-run is fatal, the family’s two-year deadline is explained in wrongful death statute of limitations in California.
Hit-and-run crashes in California
- The CHP investigated 614 fatal hit-and-run crashes from January 2023 through November 2025, out of 619,661 crashes it investigated in that period (CHP report to the Legislature on AB 1732, Nov. 2025).
- From 2017 to 2023, 10.5% of California’s 28,494 traffic deaths happened in hit-and-run crashes, a higher share than in Texas or Washington (AAA Foundation).
- Nationally, 919,292 police-reported crashes in 2023 involved a driver who left, and 2,872 people died in them, 7% of all crash deaths and the highest share on record. About one in four pedestrian deaths that year was a hit-and-run.
In August 2026 a 49-year-old motorcyclist was killed at Broadway and 91st Street in South Los Angeles; police were looking for a white sedan, and the city’s standing reward of up to $50,000 applied (Broadway hit-and-run). Riders should also read our California motorcycle accident lawyer page.
Local pages: Los Angeles, Santa Ana, Palm Springs and Victorville.
Evidence that finds the driver and proves the claim
- The police report and case number, which your insurer will ask for. See what happens without a police report.
- Video from businesses, buses, doorbells and dash cameras, requested in writing right away.
- Physical evidence: paint, mirror glass and trim pieces left at the scene.
- Medical records from the first day, since gaps in care are the first thing an adjuster raises.
- Careful contact with insurers. Read what not to tell the insurance company before you give any statement, including to your own carrier.
Related pages
- Texas hit-and-run accident lawyer
- Washington hit-and-run accident lawyer
- California car accident lawyer
- California pedestrian accident lawyer
- California motorcycle accident lawyer
- Hit-and-run in California: what to do
Common questions
Can I get compensation if the hit-and-run driver is never found in California?
Often, yes. Your uninsured motorist coverage, or that of a relative you live with, can pay if the car made physical contact with you or your vehicle, the crash was reported to police within 24 hours, and you gave your insurer a sworn statement within 30 days.
The car never touched me but forced me off the road. Am I covered?
Not under California’s uninsured motorist statute for an unknown driver, which requires physical contact. If the driver is identified, you can still sue that driver directly.
How long do I have after a hit-and-run in California?
Two years to sue the driver (CCP 335.1). For an uninsured motorist claim, within two years you must sue, settle, or demand arbitration by certified mail. If the driver is convicted of a felony, CCP 340.3 allows a suit within one year after judgment unless a longer period applies.
Will the criminal court make the driver pay my bills?
If the driver is convicted, Penal Code 1202.4 requires the court to order full restitution for economic losses such as medical bills and lost wages. Pain and suffering is pursued in the civil case.
Can CalVCB help with a hit-and-run?
Yes. Government Code 13955 treats an injury caused by a driver who fails to stop in violation of Vehicle Code 20001 as a qualifying crime. CalVCB pays up to $70,000 per approved application for costs other sources do not cover, and you must cooperate with police.
Is leaving the scene a felony in California?
It can be. When someone is injured or killed, Vehicle Code 20001 allows a sentence in state prison or county jail, with longer terms when the injury is permanent and serious or the victim dies.
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Sources
- Cal. Veh. Code § 20001
- Cal. Veh. Code § 20002
- Cal. Veh. Code § 20003
- Cal. Veh. Code § 16056
- Cal. Ins. Code § 11580.2
- Cal. Penal Code § 1202.4
- Cal. Gov. Code § 13955
- Cal. Gov. Code § 13953
- Cal. Code Civ. Proc. § 335.1
- Cal. Code Civ. Proc. § 340.3
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
- California Victim Compensation Board, Frequently Asked Questions
- California Victim Compensation Board, What Is Covered
- California Highway Patrol, Report to the Legislature, AB 1732: Hit-and-Run Incidents, Yellow Alert (Nov. 2025)
- AAA Foundation for Traffic Safety, Understanding the Increase in Fatal Hit-and-Run Crashes, 2017-2023 (Research Brief, March 2026)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.