Being involved in a car accident is stressful, but when the other driver flees the scene, it can be even more overwhelming. Hit-and-run accidents are unfortunately common in Los Angeles, where congested traffic and reckless driving contribute to such incidents. If you or a loved one has been the victim of a hit-and-run accident, knowing what to do next is crucial—both for your safety and for securing compensation.

In this guide, we’ll cover the steps to take after a hit-and-run accident, legal options, insurance coverage, and how a personal injury lawyer can help.

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What Is a Hit-and-Run Accident?

A hit-and-run accident occurs when a driver collides with another vehicle, pedestrian, or property and leaves the scene without stopping to provide their information or help those injured.

In California, hit-and-run accidents are illegal under:

• California Vehicle Code § 20002 (misdemeanor hit-and-run involving property damage).
• California Vehicle Code § 20001 (felony hit-and-run involving injury or death).

Leaving the scene of an accident without exchanging information or offering aid can lead to serious legal consequences, including fines, license suspension, and jail time.

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What to Do Immediately After a Hit-and-Run Accident

If you are the victim of a hit-and-run accident, follow these critical steps to protect your rights and increase the chances of finding the fleeing driver.

1. Ensure Your Safety and Seek Medical Attention

• If you are injured, call 911 immediately and request medical assistance.
• If possible, move to a safe location to avoid further danger, especially if the accident happened on a busy road.

2. Call the Police and File a Report Within 24 Hours

• Contact the Los Angeles Police Department (LAPD) or California Highway Patrol (CHP) to report the accident.
• In a hit-and-run accident, police report must be filed within 24 hours.
• Provide as many details as possible, including:
• The time and location of the accident.
• A description of the fleeing vehicle (make, model, color, license plate if possible).
• Any distinguishing features of the driver (if seen).
• The direction in which the driver fled.

A police report is crucial for your insurance claim and any legal action you may pursue.

3. Gather Evidence at the Scene

Even though the at-fault driver is gone, you can still collect valuable evidence that can help authorities and insurance companies:

• Take Photos and Videos
  • Damage to your car.
  • Skid marks, debris, or other signs of impact.
  • Nearby traffic lights, street signs, or landmarks.
  • Any injuries you or passengers sustained.
• Look for Witnesses
  • If someone saw the accident, ask for their name, phone number, and a brief statement.
  • Surveillance cameras from nearby businesses or traffic lights may have recorded the incident—ask store owners or authorities to check footage.
• Check Your Dashcam (If Available)
  • If you have a dashboard camera, review the footage and save it as potential evidence.

4. Notify Your Insurance Company

• Report the accident to your insurance company within 30 days. If you don’t report it within 30 days, you may not be able to recover under your uninsured motorage coverage.
• California requires all drivers to carry uninsured motorist (UM) coverage, which may cover damages in a hit-and-run accident. UM coverage allows you to recover personal injury damages when the other side does not have insurance – in this case a hit-and-run accident.
• Provide your insurance company with all collected evidence, including the police report, photos, and witness statements.
• Cooperate with your insurance company by allowing them inspect your car, conduct a medical examination, get medical records, etc. If you do not cooperate, they may deny your claim.

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Will Insurance Cover a Hit-and-Run in California?

In California, certain types of insurance can cover hit-and-run damages, even if the other driver is never found.

1. Uninsured Motorist (UM) Coverage

• If you have UM coverage, your insurer will treat the hit-and-run driver as an uninsured motorist and cover:
  • Medical expenses
  • Lost wages
  • Pain and suffering

2. Collision Coverage

• If you do not have UM coverage, collision insurance may still help pay for repairs, but you must pay your deductible.

3. MedPay (Medical Payments Coverage)

• Covers medical expenses for you and passengers, regardless of fault.

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What If the Hit-and-Run Driver Is Identified?

If police locate the hit-and-run driver, you may be able to:

1. File an insurance claim against their policy (if they have coverage).
2. Pursue legal action for damages, including medical bills, lost income, and pain and suffering.
3. Seek punitive damages—California courts may award extra compensation to victims of hit-and-run accidents to punish reckless drivers.

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How a Personal Injury Lawyer Can Help

If you’ve been the victim of a hit-and-run in Los Angeles, a personal injury attorney can help you:

• Investigate your case, gather evidence, and track down potential witnesses.
• Negotiate with insurance companies to ensure you receive fair compensation.
• File a lawsuit if necessary, to recover damages from the at-fault driver.
• Maximize your compensation by ensuring all medical expenses, lost wages, and pain and suffering are covered.

Many attorneys work on a contingency fee basis, meaning you pay nothing unless they win your case.

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Local Hit-and-Run Case Law in California

Hit-and-run cases in California have resulted in serious legal consequences for offenders. For example:

• People v. McWhinney (1988): The California Appellate court ruled that a hit and run accident in California is not subject to civil compromise, emphasizing that the crime is defined by the act of leaving the scene without providing necessary information, rather than the accident itself. Therefore, compensating the victim does not negate the public offense of failing to stop and provide information.
• People v. Dimacali (2019): If you’re injured in a hit-and-run accident in California, you still have the right to recover civil damages, even if the driver isn’t found. Courts have ruled that while the at-fault driver can face criminal charges, you can also pursue a civil claim for your medical bills, lost wages, and other damages.
• People v. Busser (2010): Scott Busser pleaded guilty to misdemeanor hit-and-run and felony insurance fraud after falsely reporting to his insurer, GEICO, that his car was damaged while parked, when in fact he had fled the scene of an accident he caused. The court ruled that while Busser was liable for GEICO’s investigative costs due to his fraud, he was not required to reimburse GEICO for the repair costs it covered, as the insurer would have been obligated to pay those expenses under the policy had Busser been truthful.

These cases emphasize the importance of legal action for victims seeking justice and compensation.

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Conclusion

If you are involved in a hit-and-run accident in Los Angeles, remember these key steps:

• Call 911 and seek medical attention
• Report the accident to the police
• Gather evidence, including photos and witness statements
• Notify your insurance provider
• Consult a personal injury lawyer for legal guidance

Dealing with a hit-and-run accident can be frustrating and stressful, but you don’t have to handle it alone. A skilled Los Angeles car accident attorney can help you navigate the claims process, negotiate with insurers, and fight for the compensation you deserve.

If you need legal assistance, contact our firm today for a free consultation. Let us help you get the justice and financial recovery you deserve.