What to Do in a Hit and Run: Your Report, Your Insurance Claim and Your Deadlines

After a hit-and-run, get to safety, call 911, note the plate and description of the car, photograph the scene and report it to police right away, because your uninsured motorist claim can depend on that report. In Washington, a crash caused by a car that never touched you must be reported within 72 hours to claim under the phantom vehicle rule (RCW 48.22.030).

What should I do right after a hit-and-run?

Check yourself and your passengers first. If anyone is hurt, call 911 and stay put. Do not chase the other driver; a chase can turn a property claim into a second crash.

While it is fresh, write down or record a voice memo of everything you saw:

• The plate, even a partial one, and the state.
• The car: make, color, body style, dents, stickers, roof racks, a missing mirror.
• The driver, if you saw one, and which way the car went.
• The time and exact place, including the nearest cross street or mile marker.

Then photograph your car, any paint smears on it, and pieces left on the road, such as headlight or mirror fragments. Ask people nearby for names and phone numbers. Get medical care the same day if anything hurts, and tell the doctor it was a car crash.

Is leaving the scene of an accident a crime?

Yes, in all three states, and the penalties grow with the harm.

California’s DMV Driver Handbook calls failing to stop a hit-and-run and warns that the punishment is severe. The criminal case belongs to the prosecutor. Your money claim is separate, and you do not need a conviction to make it.

Why should I report a hit-and-run quickly?

Because your own insurance may refuse to pay if you wait.

• Texas. The Department of Insurance warns that uninsured motorist coverage will not pay for a hit-and-run you did not report to police.
• California. The Department of Insurance says most policies require you to notify police within a set time after a hit-and-run. Read your policy for the exact deadline.
• Washington. A phantom vehicle claim needs a police report within 72 hours and proof of the facts from someone other than you or another claimant.

A quick report helps in other ways too. California regulations presume you are not principally at fault, for insurance rating, when a hit-and-run driver damaged your car and you reported it to authorities within a reasonable time (10 CCR 2632.13). Ask for the report number before you leave. California drivers can later request a CHP report with the CHP 190 form, and Texas officer reports can be bought from TxDOT. In California, the SR-1 is still due within 10 days if anyone was hurt or damage is over $1,000.

Does uninsured motorist coverage pay for a hit-and-run?

Usually it is the main source of payment when the driver is never found, but each state handles it differently.

California. The Department of Insurance explains that uninsured motorist bodily injury coverage pays for injuries to you and the people in your car after a collision with an uninsured driver, while uninsured motorist property damage coverage pays only when the uninsured driver is identified. Your policy defines when an unknown driver counts as uninsured. If the driver is never found, your collision coverage is usually what fixes the car.

Texas. Insurers must include uninsured/underinsured coverage unless you rejected it in writing (Insurance Code 1952.101). TDI says this coverage pays after a hit-and-run, and its claims tips say it can cover repairs, a rental car and pain and suffering. If you also have collision coverage, you can choose which one pays for the car (section 1952.107). Personal injury protection, included in Texas policies unless you rejected it in writing, can pay medical bills and lost wages.

Washington. Underinsured coverage must be offered for hit-and-run and phantom vehicles, and the deductible for property damage they cause can be no more than $300 (RCW 48.22.030). The Insurance Commissioner notes that collision and PIP coverage can also help.

Your own insurer will treat this like a claim against the other driver. Expect a recorded statement and requests for medical records, and keep your answers to facts you know.

How can the driver who hit me be found?

Police do the official search, but the evidence you collect in the first days often makes the difference.

• Cameras. Doorbell cameras, gas stations, stores and parking lots near the crash. Ask the same day, because many systems record over old video within days.
• Paint transfer. A smear of another color on your car shows the other car’s color and can be matched later.
• Parts left behind. Broken lenses and trim pieces can carry part numbers that point to a make and model.
• Witnesses. A second person who saw the plate, or who saw the car leave, supports your account.

Give everything to the investigating officer and your insurer, and keep copies.

Can you sue someone for a hit-and-run?

Yes, once the driver is identified. You can claim against the driver’s liability insurance and sue the driver, generally within two years in California (California Courts) and Texas (section 16.003), and three years in Washington (RCW 4.16.080). Your policy may set shorter deadlines for notice and for starting an uninsured motorist claim, so read it now.

Crime victim programs may also help with injury costs. The California Victim Compensation Board lists hit and run among covered crimes. Its FAQ says it does not pay property damage, pays only what other sources do not cover, and generally accepts applications within seven years. Texas law includes violations of section 550.021 in its crime victims’ compensation program (chapter 56B).

What to do now

1. Report the crash to police today if you have not, and write down the report number.
2. Call your own insurer and open an uninsured motorist claim, even if the police are still searching.
3. Ask nearby homes and businesses for video before it is erased.
4. See a doctor and keep every bill and record.
5. Find your policy’s declarations page and check for uninsured motorist, collision, PIP and medical payments coverage.
6. Do not sign a release from your own insurer until you know how long treatment will last.

Our page on what to do after a car accident that was not your fault covers the steps every crash shares.

Hurt in a hit-and-run?

If a driver hit you and fled, call Beverly Law at (310) 552-6959 to talk about your uninsured motorist claim and the deadlines in your policy. We handle car accident cases in California, Texas and Washington. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. You owe no fees or costs unless we win.

Common questions

Related pages

Car Accident Settlements · Car accident settlements · What to do after a crash that was not your fault · How long you have to report a car accident · Does health insurance cover car accidents? · Law Blog

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.