Hit and Run Accident Lawyer in California
Hit by a driver who fled, anywhere in California? Report it to police within 24 hours. You generally have two years to pursue an injury claim — even if the driver is never found. Talk to us before you give any insurer a recorded statement.
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California legal deadlines
In California you generally have
2years
from the date of a hit and run to file a personal injury lawsuit against the driver, if identified (Code of Civil Procedure § 335.1)
3years
for damage to your vehicle (§ 338).
If the driver is unknown, an uninsured motorist claim also requires a report to police within 24 hours and a sworn statement to your insurer within 30 days (Insurance Code § 11580.2(b)).
When the driver cannot be identified, the claim usually runs through your own uninsured motorist coverage, and that has its own two-year requirement: within two years of the collision you must file suit, reach a settlement, or formally demand arbitration in writing (Insurance Code § 11580.2).
Miss those steps and a valid claim can be denied on paperwork alone. In hit and run cases the early deadlines are counted in hours and days, not years.
The Driver Left. You Still Have a Claim.
A hit and run takes away the one thing every other crash gives you: a person to hold responsible. There is no name, no insurance card, no plate. You are hurt, your vehicle is damaged, and the driver who caused it is gone.
Most people assume the case left with that driver. It usually did not. Uninsured motorist coverage on your own auto policy is designed for this situation, and it can pay for your injuries, up to your policy limits, as if the missing driver had been insured.
That means two things have to happen at once. Someone has to push to identify the driver while the camera footage, paint transfer and witnesses still exist. And someone has to protect the claim under your own policy, which comes with reporting rules that do not wait.
It also means the company on the other side may be your own insurer. An uninsured motorist claim is still a claim. Adjusters can question whether there was physical contact, whether you reported in time, and whether your injuries came from this collision.
None of that is a verdict. It is an opening position, and it moves when the reporting requirements are met, the evidence is preserved and the medical file is documented.
California Hit and Run Rules That Decide Your Claim
| Rule | What California law requires |
|---|---|
| Police report | Within 24 hours. For an uninsured motorist claim involving an unidentified driver, California requires a report to police, the sheriff or the CHP within 24 hours (Insurance Code § 11580.2(b)). Late reporting is not always fatal, but the insurer will use it. |
| Sworn statement to your insurer | Within 30 days. You must give your insurer a statement under oath that you have a claim against a driver whose identity cannot be determined (Insurance Code § 11580.2(b)). |
| Physical contact required | For an unidentified-driver uninsured motorist claim, the vehicle that fled must have physically struck you or the vehicle you occupied. A driver who ran you off the road without contact generally does not qualify under that provision. |
| Two-year uninsured motorist requirement | Within 2 years of the collision you must file suit against the uninsured motorist, reach a settlement, or formally demand arbitration in writing (Insurance Code § 11580.2). This is a strict prerequisite, separate from the ordinary court deadline. |
| Deadline to sue the driver, if identified | Generally 2 years from the collision for injuries (Code of Civil Procedure § 335.1) and 3 years for vehicle and property damage (§ 338). These are separate clocks. |
| If a government vehicle or agency is involved | A written claim is generally due within 6 months (Government Code § 911.2). If the claim is formally rejected, suit must usually follow within 6 months of the rejection notice (§ 945.6). This matters when the vehicle that left is later traced to a public entity. |
| DMV SR-1 report | A driver involved in a collision must report it within 10 days when anyone is injured or killed, or property damage exceeds $1,000 (Vehicle Code § 16000). It still applies when the other driver is unknown, and it is separate from the police report and from notifying your insurer. |
| The driver’s criminal exposure | Leaving the scene of a collision involving injury or death is a crime that can be charged as a felony (Vehicle Code § 20001). Leaving the scene of a property-damage-only collision is a misdemeanor (§ 20002). The criminal case is separate from your civil claim. |
| If you were partly at fault | California uses pure comparative fault (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). Your recovery is reduced by your share of fault, but you are not barred. Expect an insurer to raise it even when the other driver fled. |
| Whether you have uninsured motorist coverage | Insurers must offer uninsured and underinsured motorist coverage, but it can be declined in writing (Insurance Code § 11580.2), so check your declarations page rather than your memory. Coverage through a household member’s policy may also be available. |
| If the driver is found and insured | Since January 1, 2025, California minimum liability limits are $30,000 per person, $60,000 per accident and $15,000 property damage (Senate Bill 1107, 2022). If those limits do not cover your losses, your own underinsured motorist coverage may respond. |
How Hit and Run Crashes Happen in California
Hit and run is not one situation. It covers very different collisions with one thing in common: a driver who chose to leave. How it happened, and why the driver fled, shapes both the search for that driver and the claim that pays you.
Freeway sideswipes and lane changes
A vehicle clips yours during a lane change and simply keeps going. At freeway speed there is rarely time to read a plate, which makes dashcam footage, paint transfer and other drivers who saw it especially valuable.
Pedestrians and cyclists struck at night
People on foot or on a bicycle are hit in crosswalks and on poorly lit streets by drivers who do not stop. Uninsured motorist coverage on your own auto policy can still apply even though you were not in your vehicle.
Parking structures and parked vehicles
A vehicle backs into yours in a parking structure, a lot or a valet lane and leaves. These are often property-damage cases, but occupants are sometimes inside, and structures are among the places most likely to have cameras.
Intersections and red lights
A driver runs a red light or a stop sign, hits you, and accelerates away. Signal timing, nearby business cameras and debris left in the intersection can help establish both what happened and what kind of vehicle did it.
Why drivers flee
The usual reasons are no insurance, a suspended license or no license at all, or impairment. Driving with a blood alcohol level of 0.08% or higher is illegal (Vehicle Code § 23152), and some drivers leave to avoid that charge. Leaving is itself a crime (Vehicle Code §§ 20001, 20002).
How drivers are identified
Most often through camera footage, a partial plate, paint transfer and broken trim left at the scene, witness photographs, or body shop records. Nearly all of those sources have short lifespans, and many camera systems overwrite their footage within days or weeks.
How the claim is paid if the driver is found
Identification opens the driver’s liability insurance and any personal assets. If a delivery, rideshare or other commercial vehicle did not stop, an employer or a commercial policy may also be responsible, which adds layers of law and insurance.
How the claim is paid if the driver is never found
Your own uninsured motorist coverage pays for injuries caused by a driver who cannot be identified, provided there was physical contact and the reporting requirements are met (Insurance Code § 11580.2). We work both paths at the same time, because the first may fail and the second has deadlines measured in days.
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Hit and Run Injuries We Represent
The injury drives the value of the claim, whether it is paid by the driver’s insurer or your own. Insurers know which injuries are easy to dispute, and documentation from day one is what closes that gap.
Soft tissue injuries
Whiplash, sprains, strains and disc irritation are common in sideswipes and rear impacts, and they are the most contested. Adjusters routinely argue they are minor or pre-existing, which is why consistent treatment records matter.
Traumatic brain injury
A concussion does not require losing consciousness. Headaches, light sensitivity, irritability, word-finding trouble and difficulty concentrating are all reportable symptoms, and they often surface days later.
Spinal cord and back injuries
Herniated discs, nerve impingement and vertebral fractures can require injections, surgery, or lifelong management. Paralysis changes the entire structure of a claim, including future care costs.
Fractures and orthopaedic trauma
Broken wrists, ribs, hips, pelvises and legs frequently mean surgery, hardware and months of rehabilitation. Pedestrians and cyclists struck by a fleeing driver are especially exposed to these injuries.
Internal injuries and organ damage
Internal bleeding and organ trauma can be life-threatening and are not always obvious at the scene. This is the main reason we urge same-day medical evaluation even when you feel able to walk away.
Catastrophic and permanent injuries
Amputation, severe burns, disfigurement and injuries requiring lifetime attendant care call for life-care planning and economic expert analysis to value properly, and for a close look at every available policy.
Wrongful death
When a hit and run is fatal, California law allows specified surviving family members to bring a wrongful death claim (Code of Civil Procedure § 377.60), and the estate may bring a separate survival action.
Psychological injuries
Post-traumatic stress, anxiety and depression are real consequences of a serious collision, and being left at the scene can make them worse. They are compensable when properly diagnosed and documented.
After a hit and run in California: what to do
Call 911 from the scene
Do not chase the other vehicle. Report it immediately so the 24-hour police report requirement is met (Insurance Code § 11580.2(b)) and officers can look for the vehicle while it is still nearby.
Write down everything you saw
Partial plate, make, color, body damage, direction of travel, the driver’s appearance. Details fade within hours.
Get checked the same day
Adrenaline masks injury. Head, neck and back symptoms often appear a day or two later, and a gap in treatment is the first thing an adjuster points to.
Ask about cameras before you leave
Storefronts, residential doorbells, parking structures and nearby businesses often capture the vehicle. Many systems overwrite their footage quickly.
Photograph the transfer evidence
Paint transfer, broken trim and debris left behind can point to the make and model, and they help prove the physical contact an uninsured motorist claim requires.
Get witness names and numbers
Independent witnesses disappear quickly and are very hard to find later. Ask whether anyone photographed or filmed the vehicle as it left.
Notify your own insurer promptly
Your uninsured motorist coverage may be the claim. The sworn statement is due within 30 days (Insurance Code § 11580.2(b)), and policies can have their own notice requirements.
File the DMV SR-1 within 10 days
If you were driving, it is required when anyone is injured or killed, or property damage tops $1,000 (Vehicle Code § 16000), even though the other driver is unknown. We can prepare it for you.
Talk to a lawyer before accepting anything
An early offer usually arrives before the full picture of your injury exists. Once you sign a release, the claim is over, including for treatment you have not had yet.
Speak With a California Hit and Run Accident Lawyer Today
If you were injured in a hit and run accident in Los Angeles or anywhere in California, you do not have to handle the claim alone. Akhavan Law Firm can review what happened, explain your legal options, and help you take the next step with confidence.
Call +1 310-694-8999 today to request a free consultation with a California hit and run accident lawyer. The sooner you get guidance, the easier it may be to protect evidence, meet the reporting deadlines, and move your claim forward.
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Schedule a Free Consultation with a California Hit and Run Accident Lawyer
Do not wait to get legal help after a hit and run accident. Akhavan Law Firm can review your case, explain your options, and help you take the next step toward recovery.
No Win, No Fee — How Our Contingency Fee Works
You pay us nothing up front. Our fee is a percentage of what we recover for you, and if we recover nothing, you owe us no attorney’s fee.
California requires contingency fee agreements to be in writing and to state the fee rate, how costs affect your recovery, and that the rate is negotiable and not set by law (Business & Professions Code § 6147). You receive a signed copy before we begin.
We also explain case costs plainly — filing fees, records, expert witnesses — and how they are handled, before you decide whether to hire us. The consultation itself is free, with no obligation to proceed.
Working with our firm
We are a California personal injury firm led by founding attorney Edwin Akhavan, California State Bar #270338. We handle hit and run claims across the state, from disputed liability cases to catastrophic injury and wrongful death matters. Our main office is in Beverly Hills and we keep offices throughout California, so a local meeting is usually possible without a long drive. We work with clients in English and Spanish.
Hit and Run Help Across California
This page covers the statewide rules. For the courts, police agencies and roads where your crash actually happened, start with the office closest to you.
Related practice areas
Some crashes fall under their own rules. If yours involved one of these, that page will be more specific:
Reviewed by Edwin Akhavan, Founding Attorney, California State Bar #270338
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Common questions answered
When the driver who hit you leaves the scene, the questions come quickly: who pays the medical bills, what happens if the driver is never found, and how long you have to act. Below are plain answers to the questions we hear most from hit and run victims across California. They are general information; a free consultation is the place to talk about your own situation.
Hit and Run Questions We Hear Most
Can I still recover if the driver was never found?
Yes, in most cases. Uninsured motorist coverage on your own auto policy is designed for hit and run collisions and can pay for your injuries, up to your policy limits, as though the missing driver had been insured.
California requires that the vehicle that fled actually made physical contact with you or your vehicle, that you report to police within 24 hours, and that you give your insurer a sworn statement within 30 days (Insurance Code § 11580.2(b)).
How soon do I have to report a hit and run in California?
Report it to police, the sheriff or the CHP within 24 hours if you intend to make an uninsured motorist claim (Insurance Code § 11580.2(b)). A separate DMV SR-1 report is due within 10 days when anyone is injured or killed, or property damage is over $1,000. Late reporting does not always end the claim, but the insurer will raise it, and it is avoidable.
How long do I have to bring a hit and run claim?
Within two years of the collision you must file suit against the uninsured motorist, reach a settlement, or formally demand arbitration in writing. That is a strict prerequisite under Insurance Code § 11580.2.
If the driver is identified, the ordinary deadlines also apply: two years for injuries (Code of Civil Procedure § 335.1) and three years for vehicle damage (§ 338). If a government vehicle was involved, a government claim is generally due within six months (Government Code § 911.2).
What if the other driver ran me off the road without touching my vehicle?
For an unidentified-driver uninsured motorist claim, California requires physical contact between the vehicle that fled and you or the vehicle you occupied. A no-contact incident generally does not qualify under that provision, though other coverage or claims may still apply depending on the facts. Report it and let us review the policy before concluding there is nothing.
What if I was a pedestrian or cyclist when I was hit?
Uninsured motorist coverage on your own auto policy can still apply, even though you were not in your vehicle, and coverage through a household member’s policy may also be available. The same 24-hour reporting and 30-day statement requirements apply, so notify police and your insurer promptly.
How do hit and run drivers get identified?
Most often through camera footage, a partial plate, paint transfer and debris left at the scene, witness photographs, or body shop records.
Nearly all of those sources have short lifespans, which is why a canvass in the first days matters far more than one a month later.
Is leaving the scene a crime in California?
Yes. Leaving the scene of a collision involving injury or death can be charged as a felony (Vehicle Code § 20001), and leaving the scene of a property-damage-only collision is a misdemeanor (§ 20002). A criminal case against the driver is separate from your civil claim, and a conviction does not by itself pay your medical bills.
Will my insurance rate go up if I use uninsured motorist coverage?
California law generally protects a policyholder from a surcharge for a collision in which they were not at fault, and in a hit and run the fleeing driver is typically the at-fault party. Coverage questions vary by insurer and policy, so it is worth reviewing your declarations page before assuming a claim will cost you. We can review it with you at no charge.
What does it cost to hire Akhavan Law Firm?
Nothing upfront. We work on a contingency fee, so we are paid only if we recover money for you. There is no hourly billing and no fee if we do not win. The consultation is free, and we can meet you at the office, at home or at the hospital.
Do you help Spanish-speaking clients?
Yes. Se habla español. Our team handles consultations, documents and case updates in Spanish, and this page is also available in Spanish.
Areas We Serve
Akhavan Law Firm APC handles hit and run accident claims throughout California. Our headquarters is in Beverly Hills and we have eleven more offices across the state, so you can meet an attorney close to home. Visit the office nearest you or call us today for immediate legal assistance.