Hit-and-Run and Uninsured Motorist Claims

When the driver who hit you flees the scene or has no insurance, it can feel like there is no one to hold responsible. In many cases there is still a path to compensation, and a hit-and-run accident lawyer can find it.

Smith Trial Group represents drivers, passengers, pedestrians, and cyclists injured by hit-and-run, uninsured, and underinsured drivers throughout Southern California. We work on contingency.

On this page: What to do first · Uninsured motorist coverage · Hit-and-run claim rules · Underinsured drivers · FAQ

What to Do After a Hit-and-Run

1. Get medical care and call 911.
2. Report the collision to the police right away. California law requires drivers involved in a crash to stop, and fleeing is a crime. A prompt police report is also essential to an insurance claim.
3. Write down what you remember: the vehicle’s make, color, damage, direction of travel, and any partial plate.
4. Look for video from nearby businesses, homes, and dashcams. It is often overwritten within days.
5. Notify your own insurance company promptly.

Uninsured Motorist (UM) Coverage

California insurers must offer uninsured motorist coverage with every auto policy, and it stays on the policy unless the policyholder waives it in writing. UM coverage steps in when the at-fault driver has no insurance or cannot be identified. It can also protect you as a pedestrian or cyclist, and sometimes as a passenger in someone else’s car.

UM claims are made against your own insurer, which does not make that insurer your advocate. Disputes are typically resolved through arbitration, and we handle them the same way we handle any contested case.

Special Rules for Hit-and-Run Claims

• When the driver is unidentified, California generally requires that there was physical contact with the hit-and-run vehicle.
• The accident must generally be reported to the police within 24 hours and to your insurer within 30 days.
• Within two years of the accident, you generally must file suit against the at-fault driver, reach an agreement with your insurer, or begin arbitration.

Missing these requirements can jeopardize the claim, which is why it is important to get advice early.

When the Other Driver Has Too Little Insurance

California’s minimum auto liability limits are low relative to the cost of a serious injury. Underinsured motorist (UIM) coverage can fill the gap between the at-fault driver’s policy and your actual losses. We also look for other sources of recovery, such as an employer’s commercial policy or a vehicle owner’s coverage.

Helpful resources: California Department of Insurance · California Highway Patrol

Finding the Driver: Evidence That Can Identify a Hit-and-Run Vehicle

• Doorbell, home security and business cameras near the scene. Footage is often overwritten within days.
• Traffic cameras, transit cameras and dashcams of other drivers.
• Paint transfer, broken parts and debris left at the scene, which can identify the make and model.
• Witness descriptions and partial plate numbers.
• Police follow-up, including body shop and parts inquiries.

If the driver is identified, you can pursue the driver’s insurance and, if the driver was working, the employer. See company vehicle accidents.

Pedestrians, Cyclists and Passengers

Uninsured motorist coverage generally follows the person, not just the car. Pedestrians and cyclists struck by a hit-and-run driver may be able to claim under their own auto policy or a policy of a household family member, even if they were not driving. Passengers may have claims under the policy of the vehicle they were in and under their own policy. See pedestrian accidents and bicycle accidents.

UM Claims Are Different From Lawsuits

Uninsured motorist claims are usually resolved through negotiation with your own insurer and, if necessary, binding arbitration rather than a jury trial. Your insurer is required to treat you fairly, but its interests are adverse to yours on the value of the claim. California law (Insurance Code 11580.2) sets deadlines for UM claims: generally, within two years of the accident you must file a lawsuit against the uninsured driver, reach an agreement with your insurer, or formally begin arbitration. Missing these steps can forfeit the claim.

Restitution and Victim Compensation

If the driver is caught and prosecuted, a criminal court may order restitution. The California Victim Compensation Board may also help with certain expenses for victims of hit-and-run crimes. These sources do not replace a civil claim but can help in the short term.

Frequently Asked Questions

Will a UM claim raise my insurance rates?

California law generally limits an insurer’s ability to raise rates for an accident where you were not at fault. We can review your situation.

I do not have uninsured motorist coverage. Are there other options?

Possibly. A household member’s policy, an employer’s policy, or other responsible parties may provide coverage. A consultation can identify the options.

Related guides: Dealing with the insurance adjuster · Uber and Lyft accident insurance