Hit and Run Accident in California: Know Your Legal Rights

A road accident can become the cause of lifelong grief. Every day, thousands of accidents occur due to a moment of carelessness on the road. Some people narrowly escape injury, some lose limbs, some break bones, some lose their eyesight, some lose their memory, and some even lose their lives.

For anyone, a road accident is a horrifying experience. That experience becomes even more terrifying when the responsible driver flees the scene without providing any information. In California, approximately 40,000 hit and run accidents occur every year, and only 1 in every 5 results in the identification of the responsible driver. This massive gap in justice leaves victims alone to face physical, mental, and financial harm.

However, California law provides specific rights and avenues for compensation for hit and run accident victims. In today's blog, we will closely analyze those California laws to understand what a hit and run accident actually is, what to do immediately after it happens, what laws exist in California regarding hit and run, what your legal rights are, how to seek help from insurance, and how to ensure justice. Let's begin...

What Is a Hit and Run Accident?

A hit and run refers to a situation where a driver, after being involved in an accident, flees the scene without identifying themselves and without assisting the injured parties.

According to California's Vehicle Code (VC), it is mandatory for every driver involved in any accident to stop at the scene, provide their name, address, and driver's license information, and render reasonable assistance to injured persons (including calling 911 if necessary). If someone disregards all of this and flees the scene, it is a direct violation of California law.

What to Do If You Are a Victim of a Hit and Run Accident in California?

If you become a victim of a hit and run accident in California, the first few minutes require very careful action. On one hand, the physical and financial damage may leave you in shock; on the other, the fleeing driver may try to erase all evidence of the accident or attempt to blame you. Therefore, every minute is critically important.

Taking the right steps at this time not only ensures your safety but also builds the foundation for your future legal claim. So immediately after the accident, carefully take the following actions:

1. Call 911: First, call emergency services and report as much as you can remember the color, model, possible license plate number, and direction of the fleeing vehicle. Remember, the police report will greatly help you later with insurance claims and legal proceedings.

2. Move to a Safe Location: If you are able, move away from the path of traffic to a safe location. If you are injured, do not try to move, wait for help to arrive.

3. Seek Medical Assistance: Many times, physical injuries are not felt immediately after an accident, adrenaline and shock can mask them. But serious problems may appear hours or days later, such as: head injuries or concussion, internal bleeding, spinal or neck injuries, and soft tissue damage.

Seeking prompt medical attention is important not only for your health, but also for documenting your legal claim. So seek medical care as soon as possible.

4. Collect Evidence: Take photos of the damage to your vehicle, the road conditions, the weather, and the surrounding environment. Note down details of the fleeing vehicle. If there are any witnesses, collect their names, phone numbers, and a brief account of what they saw.

If there are any security cameras, traffic cameras, or dashcams nearby, also note their information, that footage can prove extremely valuable later.

What Hit and Run Laws Exist in California?

In California, fleeing the scene of a vehicle accident (hit and run) is a serious offense. Based on the severity of damage and injury, the state primarily has two categories of hit and run laws: 1. Misdemeanor 2. Felony

Vehicle Code § 20002, Property Damage (Misdemeanor): In California, if a hit and run accident results only in property damage, it is classified as a misdemeanor. Penalties can include a maximum of 6 months in county jail, a fine of up to $1,000, and 2 points added to the driving record.

Vehicle Code § 20001, Bodily Injury or Death (Felony): If someone is injured or killed, it becomes a felony. That is, depending on the severity of the injury and the accused's history, it can be classified as either a misdemeanor or a felony.

Furthermore, under Assembly Bill 184, in cases of death or permanent serious injury, the prosecutor can file criminal charges up to 6 years after the accident.

What Are Your Legal Rights as a Victim of a Hit and Run Accident in California?

Victims of hit and run accidents receive important legal protections. Even if the other driver cannot be identified, victims may be entitled to compensation for the following:

1. Right to Emergency Medical Treatment

As a hit and run victim in California, you have the right to immediate and unconditional emergency medical treatment. Hospitals are legally required to provide you with emergency care regardless of your legal status, insurance, or ability to pay.

2. Right to Demand a Police Investigation

After a hit and run accident in California, every victim has the legal right to directly demand a police investigation and file an official Police Report. In that case, you can call the emergency number directly from the scene of the accident to inform the police. If the police do not come to the scene, you can file a Traffic Collision Report at the local police station or through the California Highway Patrol (CHP), and contact the investigating officer to formally request the initiation of a Hit-and-Run investigation and a search for CCTV footage or witnesses.

3. Right to Claim Compensation

As a hit and run victim in California, you have multiple legal ways to recover compensation. Whether or not the driver is identified, you can claim medical expenses and financial compensation through Uninsured Motorist (UM) coverage, Medical Payments coverage, or government crime victim compensation funds.

1. Uninsured Motorist (UM) Coverage: If your own auto insurance includes an Uninsured Motorist (UM) policy, you can file a claim even if the fleeing driver is never identified. This coverage pays for your medical bills, lost income, and pain and suffering.

2. California Victim Compensation Board (CalVCB): After a hit and run accident in California, if the fleeing driver is not found or does not have adequate insurance, you can apply for financial assistance through the California Victim Compensation Board (CalVCB) . This fund primarily covers crime-related expenses such as medical treatment, mental health counseling, and lost income from work. However, the conditions for applying are: you must report the accident to the police immediately after it occurs, and you must apply within 7 years of the incident. Additionally, you can only apply here if you have suffered physical or psychological injury as a result of the accident but if there is only vehicle damage, you cannot apply here for compensation for that damage. 

3. Civil Lawsuit and Compensation If the Driver Is Identified: If the fleeing driver is found through police or investigation, you have the full right to claim compensation. You can file a personal injury claim with the driver's insurance company. Additionally, if the offender is convicted in criminal court, the judge may directly order financial restitution to be paid to you. However, under California law, you must file a personal injury lawsuit within a maximum of 2 years from the date of the accident.

4. Right to Legal Representation

As a hit and run victim in California, you have the full right to legal representation. You can hire an experienced attorney on your behalf at any time. Legal assistance is especially indispensable when an insurance company attempts to reduce your compensation.

5. Right to File a Claim Even Against an Unknown Driver

Even if the driver of a hit and run accident in California remains unidentified, victims can still claim compensation or take legal action. Even without identifying the unknown driver, compensation is available through your own Uninsured Motorist (UM) policy, the California Victim Compensation Board (CalVCB), or a civil lawsuit.

However, there are certain conditions: to file a UM coverage claim, there must have been direct physical contact between your vehicle and the unknown or 'phantom' vehicle, and the accident must be reported to the police within 24 hours. For a civil lawsuit, the fleeing driver's identity must be established. Additionally, the statute of limitations for personal injury claims is 2 years, and 3 years for property damage claims.

How to Get Help from Insurance

The biggest problem with a hit and run accident is that it is not possible to directly obtain compensation from the fleeing driver's insurance. However, you can receive compensation through your own insurance's Uninsured Motorist (UM) coverage, Collision Coverage, or MedPay.

There are common problems with insurance claims. California insurance companies often try to reduce the amount of compensation, delay the claims process, and dispute claims when the driver is unknown. Therefore, it is essential to keep evidence strong and seek legal assistance when needed.

Mandatory Reporting to the DMV: Form SR-1

In the case of a hit and run accident in California, in addition to reporting to the police, it is mandatory to submit Form SR-1 to the California Department of Motor Vehicles (DMV) . If the accident results in property damage, physical injury, or if the accident causes someone's death, you must submit this form within 10 days of the accident, regardless of whether you are at fault or not. 

What is required in this report:

• Date, time, and location of the accident

• Names, addresses, and license numbers of all parties involved

• Vehicle license plate and insurance information

• Description of injuries and property damage
  
  

The Importance of Preserving Evidence in Hit and Run Accidents in California

Preserving evidence in a California hit and run accident is critically important for identifying the offender and obtaining legal assistance or financial compensation. Without adequate evidence, it becomes extremely difficult to establish guilt, obtain fair compensation from the insurance company, or prove your claim in court.

Immediately after a hit and run accident in California, it is essential to preserve certain evidence to protect your legal rights and ensure compensation. Here is a list of necessary evidence:

• Vehicle description and license plate: Write down the model, color, type, and license plate number (full or partial) of the fleeing vehicle.

• Photos and videos of the accident scene: Take photos of the damage to your vehicle, debris, road conditions, traffic signals, and any visible injuries.

• Witness information: Collect the names, phone numbers, and a brief statement from any pedestrians or other drivers who witnessed the incident.

• CCTV or dashcam footage: If there are any traffic cameras, business security cameras, or home security cameras nearby, quickly arrange to obtain the footage. Many store CCTV recordings are deleted after a certain period.

• Police report: Call the police promptly and obtain a copy of the report they prepare along with the report number. Under California law, you may need to submit Form SR-1 to the DMV within 10 days.

• Medical records: If you receive treatment after the accident, collect the doctor's report, prescriptions, and receipts for expenses.

• Paint transfer: If the fleeing vehicle's paint has left marks on your vehicle, take photos before wiping them off.
  
  

When and Why to Seek Legal Help if you are the victim of a Hit and Run Accident in California

After a hit and run accident in California, especially when there is serious injury, significant property damage, or a police investigation has begun, you should immediately seek the help of an attorney. This is critically important to ensure legal protection, identify the fleeing driver, and obtain appropriate compensation from the insurance company.

When to Seek Legal Help :

• If injured: If you have suffered physical or psychological harm in the accident, you should contact an attorney as soon as initial treatment is complete.

• If the fleeing driver is found: If the police later locate the driver, you should seek legal help to take action against them.

• If there are insurance complications: If the insurance company rejects your Uninsured Motorist (UM) coverage claim or tries to offer less compensation, seek legal help promptly.

• If facing charges: If you are accused of fleeing after an accident and the police or prosecutor wish to question you, immediately seek the help of a good attorney.

Why seek the help of a lawyer?

• Legal protection and settlement: After a hit and run accident in California, if you accidentally left the scene, an attorney can help you quickly reach a 'civil compromise' by paying compensation, which will help protect you from criminal charges.

• Recovering compensation: After a hit and run accident, even if the fleeing driver is never found, an attorney provides legal assistance in recovering compensation from your own insurance policy. As a result, recovering compensation from your own insurance policy becomes much easier.

• Following deadlines: Under California law, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. An attorney ensures that all documents are submitted within this Statute of Limitations. As a result, the process of filing a lawsuit becomes easier for you.

• Investigation and evidence collection: In addition to the police investigation, you should seek an attorney's help to preserve CCTV footage, witness accounts, and other evidence through independent investigation to strengthen your position. Because if you try to do these things on your own, you may face many obstacles along the way.
  
  
  

Conclusion

In California, approximately 40,000 hit and run accidents occur every year, but the responsible driver is caught in only 20% of cases. As a result, being a victim of such an accident is not limited to physical injury alone, it puts a person under physical, mental, and financial pressure all at once. So if you become a victim of such an accident, you should first call 911, then move to a safe location, seek medical treatment promptly, and collect details of the fleeing vehicle along with witness information.

Remember, as a victim you have the right to free emergency medical treatment, the right to demand a police investigation, and the right to claim compensation. Even if the driver is never found, compensation is still possible through your own Uninsured Motorist (UM) insurance or the California Victim Compensation Board (CalVCB). However, in cases of serious injury or insurance complications, you must seek the help of an experienced attorney.