A hit-and-run is not just a traumatic accident. It's an act of criminal abandonment that leaves victims confused, scared, and unsure whether justice or compensation is even possible. The truth is: even if the driver is never identified, you likely have more legal options than you think.
The Scale of the Problem in California
California has a staggering hit-and-run problem. According to research by ValuePenguin analyzing NHTSA FARS data, California had the highest percentage of deadly crashes involving hit-and-runs in the country 10.1% of all fatal crashes between 2012 and 2021 involved a hit-and-run driver. 1 According to AAA data, there were 337 hit-and-run fatalities in California in 2023 alone — a 60% increase compared to a decade prior. 2 Demas Law Group reports that more than 19,000 people are injured annually in California hit-and-run accidents — that is more than 52 people every single day. 3
These numbers reflect a crisis — but they also underscore why California law has created robust legal protections specifically for hit-and-run victims.
What California Law Says the Hit-and-Run Driver Must Do
Fleeing the scene of an accident is not just negligent it is a crime under California law. California Vehicle Code § 20001 makes it a felony to leave the scene of an accident involving injury or death, punishable by up to four years in state prison and fines up to $10,000. 4 California Vehicle Code § 20002 governs property-damage-only hit-and-runs, classified as a misdemeanor punishable by up to six months in county jail and fines up to $1,000. 5
Any driver involved in an accident resulting in injury or death to another person is required by California law to immediately stop, render reasonable assistance, and provide their name, driver's license number, vehicle registration, and insurance information. Failure to do so is a felony. 4
If the driver is eventually identified through surveillance footage, witnesses, or license plate recognition they face both criminal prosecution and civil liability to you. But the critical question for most victims is: what happens if they are never found?
Your Path to Compensation — Even Without an Identified Driver
1. Uninsured Motorist (UM) Coverage Your Most Powerful Tool
Under California law, a hit-and-run driver is legally treated as an "uninsured motorist." 6 If you have Uninsured Motorist (UM) coverage on your auto policy — which California insurers are required to offer under California Insurance Code § 11580.2 your own insurance company steps into the shoes of the uninsured driver and compensates you for medical expenses, lost wages, and pain and suffering up to your policy limits. 6
Under California law, you must decline UM coverage in writing; without a signed waiver, it is presumed you have it. 6 There is one important requirement: for a UM claim to apply in a hit-and-run, there must generally be proof of actual physical contact between the vehicles. If the accident occurred when you swerved to avoid an unidentified driver without contact, UM coverage may not apply — making it all the more important to document the scene immediately. 7
California UM coverage for hit-and-run requires proof of vehicle-on-vehicle contact. If there was no physical contact even if an unknown driver forced you off the road you must report the accident to police immediately and document all available evidence to support your claim. 7
2. MedPay Coverage for Immediate Medical Bills
If you carry Medical Payments (MedPay) coverage, it pays for your medical bills and those of your passengers immediately — regardless of fault and regardless of whether the driver is identified. 8 This is especially valuable in hit-and-run scenarios where the UM claim process may take time.
3. Collision Coverage for Vehicle Damage
If you carry collision coverage, your insurance will pay to repair or replace your vehicle after a hit-and-run — regardless of whether the other driver is ever found — subject to your deductible. 8 Note that the UMPD (Uninsured Motorist Property Damage) provision generally requires the at-fault driver to be identified before it applies. 9
4. Third-Party Liability Claims
If the hit-and-run driver is eventually identified, you can pursue a direct personal injury lawsuit against them and potentially against their employer if they were on the job. If the accident occurred on poorly lit public property or involved a road defect that contributed to the crash, government entities may also share liability. 10
What to Do Immediately After a Hit-and-Run
The actions you take in the first minutes and hours after a hit-and-run are critical — both to your health and to preserving every available legal avenue for compensation.
Don't Let Your Own Insurer Minimize Your Claim
One of the most important things hit-and-run victims learn — often too late — is that filing a UM claim with your own insurer does not mean they are on your side. As the California Department of Insurance makes clear, your insurer can and will dispute, delay, and minimize UM claims just as any opposing insurer would. 9
They may argue the contact requirement was not met, dispute the extent of your injuries, or claim the accident was partially your fault. According to Best Lawyers, this adversarial dynamic is one that many accident victims do not anticipate — and why legal representation is so important in UM claims. 10
At California Injury, we have handled countless hit-and-run claims across Bakersfield and the Central Valley. We know the tactics insurers use to deny and diminish UM claims and we know exactly how to counter them. The statute of limitations for personal injury claims in California is two years under California Code of Civil Procedure § 335.1 — but act fast, because critical surveillance evidence disappears within days. 11 You pay nothing unless we win.