Hit-and-Run Accident in California: How to Get Paid

Someone hit your car, your bike, or you, and then kept driving. There is no name, no insurance card, and no one to send a claim to. This post explains where the money actually comes from after a hit-and-run in California, and the short deadlines that decide whether you can reach it.

The short version: your own uninsured motorist coverage usually does the work, but only if you report fast and document the contact. A state victim fund can fill some gaps if you have no coverage.

The driver broke the law, but that does not pay your bills

California requires a driver involved in a crash that injures someone to stop. Vehicle Code § 20001 says the driver "shall immediately stop the vehicle at the scene of the accident." Section 20003 then requires them to hand over their name, address, vehicle registration number, and the owner's name and address, and to give "reasonable assistance" to anyone hurt, including arranging a ride to a hospital when treatment is clearly needed.

Leaving the scene of an injury crash is a crime, punishable by jail time, a fine of $1,000 to $10,000, or both, with heavier penalties when someone is killed or permanently and seriously injured.

That matters if the driver is found. It matters much less for your medical bills next month. A criminal case moves on the prosecutor's timeline, and a driver who fled is not always a driver with insurance or assets. Plan as if nobody will ever be identified, and treat an arrest as a bonus.

Your uninsured motorist coverage treats the driver as uninsured

California's uninsured motorist statute, Insurance Code § 11580.2, counts a vehicle whose owner or operator is unknown as an uninsured motor vehicle. In practice, that means a hit-and-run gets handled as a UM claim against your own policy. The coverage pays for bodily injury: medical care, lost earnings, and pain and suffering, up to your UM limits.

You are not limited to crashes that happen while you are in your own car. The statute defines "insured" to include the named insured, their spouse, and household relatives "while occupants of a motor vehicle or otherwise." That "or otherwise" is why a pedestrian or cyclist struck by a fleeing driver can often claim under their own auto policy, or a household relative's.

If you are not sure whether you have UM coverage, the rule is simple. Your insurer had to include it unless you signed a written waiver. We covered how to check, and how UM and underinsured coverage interact, in hit by an uninsured driver.

The three conditions that sink hit-and-run claims

For an unknown driver, § 11580.2 adds requirements that do not apply to an ordinary uninsured-driver claim. Miss one and the insurer has a clean reason to deny.

• Physical contact. The injury must have "arisen out of physical contact" of the unknown vehicle with you or with the vehicle you were in. A driver who ran you off the road without touching you is a much harder claim under this statute. Photograph paint transfer, dents, and damage to your bike or car before anything is repaired.
• A police report within 24 hours. You, or someone on your behalf, must report the crash within 24 hours to the police department of the city where it happened. In unincorporated areas, the report goes to the county sheriff or the local California Highway Patrol office. If you went straight to the emergency room, ask a family member to make the call.
• A sworn statement to your insurer within 30 days. After the police report, you must file with your insurer, within 30 days, a statement under oath that you have a claim against a person whose identity cannot be determined, and set out the facts supporting it.

A phone call to your adjuster is not a sworn statement. Ask your insurer in writing for whatever form they use, fill it out carefully, and keep proof of when you sent it.

If you have no UM coverage: California's victim compensation fund

People without UM coverage, including many pedestrians who do not own a car, are not always out of options. The California Victim Compensation Board, CalVCB, pays some expenses for victims of violent crime.

Most car crashes do not qualify. Government Code § 13955 excludes injuries from operating a motor vehicle, with specific exceptions. One of them covers injuries "caused by a driver who fails to stop at the scene of an accident in violation of Section 20001 of the Vehicle Code." A hit-and-run is on the list.

What to know before you apply:

• What it covers. CalVCB lists medical and dental treatment, mental health counseling, income loss for up to five years, and mileage to medical appointments, among other items. It does not pay for pain and suffering or car repairs.
• The cap. CalVCB states that the most it may pay per approved application is $70,000.
• It pays last. CalVCB calls itself a payor of last resort. It only pays bills that are not covered by other sources, such as insurance, public benefits, or civil lawsuit recoveries. If one of those comes through after CalVCB has paid, you must repay CalVCB.
• You have to cooperate. Victims generally must cooperate with police and prosecutors.
• Filing deadline. CalVCB says to apply within seven years of the crime, with longer windows for minors.

Your insurer is still an insurer

A UM claim feels like it should be friendly. You paid the premiums. But once you are claiming, every dollar comes out of your insurer's pocket, and hit-and-run claims give them extra room to push back: was there really contact, was the report on time, did the injury come from this crash.

Expect a request for a recorded statement. Be accurate and do not guess about speeds, distances, or which direction the car came from. The same recorded statement traps apply when it is your own company asking. In the meantime, MedPay on your policy, health insurance, or a provider lien can keep treatment going, as covered in who pays medical bills during a claim.

What this means in California

Several clocks may be running at once, and they are different lengths.

• 24 hours and 30 days for the police report and the sworn statement under § 11580.2, if you want UM coverage for an unidentified driver.
• Two years from the accident to protect the UM claim itself. Under § 11580.2(i), you must have filed suit, reached a written agreement with your insurer on the amount, or formally started arbitration within two years. Ongoing emails with your adjuster do not count.
• Two years under CCP § 335.1 to sue the driver if they are identified.
• Six months for a government claim if a public entity shares responsibility, such as a dangerous road condition or a city vehicle involved in the crash.

California's pure comparative negligence rule applies here too. If the insurer argues you were partly at fault, for example for crossing mid-block, your recovery is reduced by your share rather than eliminated.

Practical next steps

Report the crash to police today, or confirm the report was made within 24 hours and get the report number. Write down everything you remember about the car, even a partial plate, and ask nearby businesses right away whether a camera caught it. Photograph the damage that shows contact. Notify your insurer, then send the sworn statement within 30 days. If you have no UM coverage, look into a CalVCB application. And put the two-year UM deadline on your calendar now. If you want help sorting out which of these applies to you, a free consultation costs nothing and there is no fee unless there is a recovery.