Hit‑and‑Run Accidents in California: What to Do if the Other Driver Flees the Scene
A sudden hit‑and‑run on a California freeway or surface street raises a different set of questions than a typical crash: the other driver is gone, you may not have their insurance information, and you are left wondering whether anyone will pay for your injuries or vehicle damage. California law still imposes duties on drivers at the scene and provides several potential paths to compensation, even when the at‑fault motorist flees.
What counts as a hit‑and‑run in California?
California distinguishes between crashes involving only property damage and those involving injury or death. When a collision causes damage to another person’s property, a driver must stop at the nearest safe location, provide identifying information, or leave written notice and promptly notify law enforcement. See Cal. Veh. Code § 20002(a).
If someone is injured or killed, the stakes are higher. A driver involved in an injury or fatal collision must stop at the scene, provide identifying information, and render “reasonable assistance” to any injured person, which can include arranging or providing transportation for medical care. See Cal. Veh. Code §§ 20001–20003. Leaving the scene in either situation without satisfying these duties can lead to misdemeanor or felony hit‑and‑run charges, depending on the harm involved.
For civil purposes, an injured person is dealing with a “hit‑and‑run” scenario when the at‑fault driver fails to stop, fails to identify himself or herself, or cannot be located after fleeing the scene, even if the criminal case is never brought or proven.
Criminal duties vs. your civil rights
The criminal side of hit‑and‑run focuses on punishing the driver who flees and enforcing public safety rules. The civil side is about making the injured person financially whole under negligence and insurance law.
Even if law enforcement never finds the other driver, an injured person may still have claims for medical expenses, lost wages, and pain and suffering. California’s general duty‑of‑care statute provides that everyone is responsible “for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person,” subject to limits when the injured person’s own conduct contributed to the harm. See Cal. Civ. Code § 1714(a). A driver who causes a crash through negligence and then flees has still breached this duty, even if his or her identity is not yet known.
Practically, that means you should treat a hit‑and‑run like any other serious crash from a documentation standpoint: call 911, cooperate with CHP or San Diego Police, collect photos or video if you safely can, and seek prompt medical evaluation so your injuries and symptoms are recorded.
Insurance coverage when the other driver is unknown
When the at‑fault driver disappears, an injured person’s own insurance coverage often becomes the primary source of recovery. Several types of coverage may be available in a California hit‑and‑run case:
First, uninsured/underinsured motorist (UM/UIM) coverage can apply when an at‑fault driver cannot be identified or does not have sufficient liability coverage. California policies that include UM/UIM typically treat a true hit‑and‑run driver as “uninsured,” subject to policy terms and proof requirements.
Second, medical payments (MedPay) coverage under the injured person’s own auto policy may pay for reasonable medical expenses up to the purchased limits, regardless of who was at fault in the crash. MedPay can sometimes help cover deductibles, co‑pays, and out‑of‑network care while liability and UM/UIM issues are sorted out.
Third, collision coverage can pay for damage to the insured vehicle in a hit‑and‑run, subject to deductibles and the insurer’s right to pursue reimbursement if the fleeing driver is later identified.
In some circumstances, additional parties may share responsibility—for example, an employer whose driver fled in a company vehicle, or a public entity responsible for a dangerously designed or maintained roadway. See generally Cal. Civ. Code § 1714(a); Cal. Gov’t Code § 815.2. These possibilities make early investigation important even when the at‑fault driver is gone.
Deadlines and notice requirements after a hit‑and‑run
The basic statute of limitations for personal injury claims in California, including injuries from hit‑and‑run collisions, is two years from the date of injury. See Cal. Civ. Proc. Code § 335.1. A separate three‑year period usually applies to actions for damage to personal property, such as the vehicle itself. See Cal. Civ. Proc. Code § 338(b).
When a government entity is potentially responsible—for example, due to roadway conditions or a public employee’s negligence—an injured person typically must file an administrative claim with the appropriate agency within six months before bringing a civil lawsuit. See Cal. Gov’t Code § 911.2. Missing this claim deadline can bar later suit against the public entity, even if the case would otherwise have merit.
Insurance policies can impose additional notice requirements and deadlines. UM/UIM and MedPay provisions often require prompt reporting of a hit‑and‑run, cooperation with the insurer’s investigation, and, sometimes, verification that there was actual physical contact with another vehicle. Failing to follow these contractual requirements can give the insurer arguments to deny or limit coverage.
Comparative negligence in hit‑and‑run cases
California’s pure comparative negligence system still applies in hit‑and‑run situations, even when the fleeing driver is never found. See Cal. Civ. Code § 1714(a). If a case proceeds against an identified driver, an employer, a public entity, or a UM/UIM carrier, a judge or jury may allocate fault among all responsible parties, including the injured person.
For example, if an arbitrator or jury concludes that an unidentified driver was 70% at fault for sideswiping a vehicle on I‑805 and the injured driver was 30% at fault for speeding, any damage award would be reduced by that 30% share. See Cal. Civ. Code § 1714(a). The same principle applies when an insurer evaluates a UM/UIM claim, although the process often occurs in negotiation or arbitration rather than open court.
Practical steps after a hit‑and‑run in San Diego
After a hit‑and‑run anywhere in California, including San Diego County, the immediate priority is safety and medical care, but the legal and insurance steps matter too. Stopping safely, calling 911, and reporting the incident to CHP or local law enforcement helps create a record that a collision occurred and that the other driver fled.
As soon as reasonably possible, an injured person should notify their own auto insurer of the hit‑and‑run, review available coverages, and preserve any evidence such as dash‑cam video, security footage, or witness contact information. Consulting a car accident/personal injury lawyer early can help ensure that statutory deadlines under the Code of Civil Procedure and Government Claims Act are tracked and that UM/UIM and MedPay claims are presented correctly under the policy. See Cal. Civ. Proc. Code §§ 335.1, 338; Cal. Gov’t Code § 911.2.
If you were injured in a hit‑and‑run crash in San Diego and are unsure how to proceed, speaking with a California personal injury lawyer can clarify how these statutes and insurance rules apply to your specific situation and what options you have for pursuing compensation.
