Being involved in a hit-and-run is a frightening experience, and it can be difficult to know where to turn. Without the other driver’s identity and information available, you may be unsure how to report the incident, file a claim, and fight for compensation. Learn about the steps to take after a hit-and-run, so you can protect your rights and navigate this challenging time with confidence.
What Qualifies as a Hit-and-Run in California?
A hit-and-run occurs when a driver fails to remain at the scene and fulfill their legal obligations after being involved in a vehicle accident that causes injury or property damage. After an incident, drivers are required to stop, provide their name and contact information, assist injured people, and contact emergency services. If they fail to do so, they may be fined, receive points, or face jail time, depending on the severity of the incident.
California hit-and-run laws are defined under Vehicle Code § 20001 and § 20002, which outline the driver’s responsibilities depending on whether the incident results in injury, death, or property damage:
- Vehicle Code § 20001 applies when the accident results in injury or death, making it a felony offense that can result in jail time or severe fines.
- Vehicle Code § 20002 applies when the accident results only in property damage, which is treated as a misdemeanor with legal consequences.
Immediate Steps To Take After a Hit-and-Run
Taking the right steps immediately after a hit-and-run helps protect your rights, ensures your safety, and makes the claims and legal process easier to navigate. If you’re hit by a driver who leaves the scene of the accident, take the following steps:
- Step one: Move the vehicle out of the way if safe to do so, and check yourself and other passengers for injuries.
- Step two: Immediately call 911 to report the accident to the police and let them know if anyone is severely injured.
- Step three: Take photos of your vehicle, damages, visible injuries, skid marks, and debris to document the scene.
- Step four: Record as much detail as possible, including specifics about the other vehicle, the driver, and any witnesses’ contact information.
- Step five: Seek medical attention. Even if you feel fine, have a doctor evaluate you and other passengers to check for hidden injuries and receive medical documentation.
- Step six: Gather all photos, documents, police reports, and medical bills related to the incident and keep them in a safe location.
Reporting the Accident to the Police and DMV
Even if the hit-and-run doesn’t result in serious injury or property damage, it’s important to let your local police department know about the accident. Within 24 hours of the incident, call or visit the department to explain the incident and create an official report. This report is used for hit-and-run insurance claims, legal matters, and to protect your rights.
If the incident results in injury, death, or property damage over $1,000, you’re also required to inform the California DMV within 10 days. Provide them with as much detail as possible, including photos, witness statements, and police reports, to assist in the claims process.
How Insurance Handles Hit-and-Run Accidents in California
If you’re the victim of a hit-and-run in California, your insurance can help cover damages. If the other driver can’t be identified, your uninsured Motorist (UM) Coverage may pay for medical payments and damage to your vehicle. Collision coverage can also help repair your car, minus your deductible.
Reporting a hit-and-run to your insurance company as soon as possible helps speed up the claims process so you can receive compensation quickly. Make sure to include any photos, documents, witness information, or evidence to support your claim.
Understanding Hit-and-Run Penalties for Drivers
Being convicted of a hit-and-run in California can result in serious legal consequences, depending on the severity of the accident. If the incident results in property damage, you can be sentenced to a fine of up to $1,000 and up to six months of jail time. Car accidents involving injury or death carry much steeper penalties, with potential fines of up to $10,000 and up to four years in prison.
How a Personal Injury Lawyer Can Help Hit-and-Run Victims
The claims and legal processes after a hit-and-run can be extremely overwhelming, especially during a time when you’re trying to rest and recover. Hiring a personal injury lawyer helps you navigate the process and limit your stress during a difficult time.
Personal injury lawyers or auto accident attorneys in California handle everything from the insurance claims process to representing you in court, ensuring your rights are protected every step of the way. They gather evidence, communicate with your insurance provider, handle negotiations, and advocate for the compensation you deserve. If the at-fault driver is found, they can help you pursue legal action and recover damages for medical expenses, lost wages, pain and suffering, and property damage.
Common Mistakes To Avoid After a Hit-and-Run
The sudden shock of an accident can make it difficult to think clearly, but some mistakes can create even bigger problems down the road. If you’re involved in a hit-and-run, watch out for these common errors:
- Failing to report the crime to the police and DMV if necessary
- Not taking photos, gathering evidence, and collecting witness information
- Ignoring medical attention because your injuries don’t seem severe
- Apologizing or making claims that could be interpreted as admitting fault
- Waiting too long to contact your insurance provider and a lawyer
What To Expect During the Legal Process
Because the at-fault driver isn’t immediately known, the legal process for a hit-and-run can be complex. Filing a police report starts off the process by creating an official record of the accident. Law enforcement investigates the scene, interviews witnesses, and collects evidence for insurance and legal claims.
After the police report is filed, your insurance company opens a claim, reviews the damages, and determines your coverage. They often request photos, witness statements, and medical records that support your case.
If the at-fault driver is found, you can pursue legal action and recover compensation for medical bills, lost wages, property damage, and pain and suffering. You’ll often be presented with a settlement, but if you’re unable to reach an agreement, your case may go to court. A personal injury lawyer can represent you through the entire process, gathering evidence, handling communications, and negotiating on your behalf.
Contact Jacob Emrani To Protect Your Rights After a Hit-and-Run
Involved in a hit-and-run? One of our trusted personal injury lawyers in Los Angeles will review your case, walk you through your legal options, and fight to protect your rights. We handle everything from insurance negotiations to legal representation, so you can focus on recovery while we fight for the maximum compensation you deserve. Contact the Law Offices of Jacob Emrani to schedule a no-cost case evaluation today.