Hit-and-Run and Uninsured Driver Claims in California
The short answer
If a hit-and-run driver or a driver with no insurance injures you in California, your own uninsured motorist (UM) coverage is often the main way to get paid. California requires auto liability policies to include UM coverage unless you agreed in writing to delete it or lower it (Insurance Code 11580.2). For a hit-and-run, the law adds two conditions: there must have been physical contact with your vehicle or with you, and the crash must be reported to police within 24 hours. You generally have two years from the crash to file suit, reach an agreement with your insurer, or formally start arbitration.
Hit-and-run is a crime in California
A driver involved in a crash that injures or kills someone must stop immediately at the scene and meet the information and assistance duties of the Vehicle Code (Vehicle Code 20001). Leaving is punishable by jail or state prison and a fine of $1,000 to $10,000, with harsher penalties when the crash causes death or permanent, serious injury. A criminal case is separate from your injury claim, but the police report and any arrest can help identify the driver.
When the driver is unknown: the conditions for UM coverage
Under Insurance Code 11580.2(b), a vehicle whose owner or driver is unknown counts as an “uninsured motor vehicle” only if:
- Physical contact. The injury arose out of physical contact between the hit-and-run vehicle and you, or the vehicle you were in. A “phantom” driver who ran you off the road without touching you may not qualify.
- A police report within 24 hours. You, or someone for you, reported the crash within 24 hours to the city police department where it happened. In unincorporated areas, the report goes to the county sheriff or the local California Highway Patrol office.
- A sworn statement within 30 days. Within 30 days after that, you file with your insurer a statement under oath that you have a claim against someone whose identity can’t be determined, with the supporting facts.
When the driver is known but has no insurance
The same coverage applies when the at-fault driver has no liability insurance or bond, or when their insurer denies coverage. Under the statute, an uninsured vehicle also includes an underinsured vehicle as defined in Insurance Code 11580.2(p), so a driver with too little insurance may also trigger your coverage. UM coverage pays for bodily injury. It does not pay for damage to your car (11580.2(c)(1)).
Deadlines and protecting your claim
- Two years. A UM claim is lost unless, within two years of the accident, you file suit against the uninsured driver, reach an agreement with your insurer on the amount owed, or formally start arbitration by certified mail, return receipt requested (11580.2(i)). The general two-year injury deadline is in Code of Civil Procedure 335.1.
- Arbitration. If you and your insurer disagree on whether you’re entitled to recover, or how much, a neutral arbitrator decides (11580.2(f)).
- Don’t settle without consent. Settling with a responsible person, or taking a lawsuit against them to judgment, without your insurer’s written consent can cut off UM coverage (11580.2(c)(3)).
- DMV report. A driver in a crash with injury, death or more than $1,000 in property damage must file an SR-1 report with the DMV within 10 days (Vehicle Code 16000).
What to do after a hit-and-run
- Call 911 and get medical care.
- Write down anything you remember about the other vehicle: plate (even partial), make, model, color and direction of travel.
- Report the crash to police right away, and no later than 24 hours.
- Photograph the damage, paint transfer, the scene and your injuries. Ask nearby homes and businesses about cameras.
- Get witness names and phone numbers.
- Notify your own insurer, and talk with a lawyer before giving a recorded statement.
Frequently asked questions
Does uninsured motorist coverage pay for a hit-and-run in California?
It can, if there was physical contact, the crash was reported to police within 24 hours, and you file a sworn statement with your insurer within 30 days (Insurance Code 11580.2(b)).
What if I turned down UM coverage?
California allows UM coverage to be deleted or reduced only by a written agreement in a form the statute sets out (11580.2(a)). Ask to see the signed form.
Will UM coverage fix my car?
No. UM coverage under 11580.2 covers bodily injury, not property damage to your vehicle.
How long do I have?
Generally two years from the accident to file suit, reach an agreement, or start arbitration (11580.2(i)). See How Long Do You Have to File a Personal Injury Claim in California?
Is a consultation free?
Yes. Injury Trial Lawyers offers a free consultation. Spanish interpreters are available on request.
Talk with Injury Trial Lawyers
Learn more on our San Diego uninsured motorist accident page, our San Diego car accident page, or our guide to mistakes that can hurt your injury claim, or call (619) 525-7007.
This article is general information, not legal advice. Reading it or contacting us does not create an attorney-client relationship. Every situation is different; talk with a lawyer about your specific facts.
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