A hit-and-run accident can leave victims with more questions than answers. On top of dealing with painful injuries, vehicle damage, and financial stress, many people worry that they have no legal options if the driver who caused the crash disappears and is never identified.
Fortunately, that is not always the case. While locating the at-fault driver can make the claims process more straightforward, California law provides several avenues for injury victims to pursue compensation even when the responsible driver is never found. Depending on the circumstances, you may be able to recover damages through your own insurance policy or pursue other legal remedies.
How Common Are Hit-and-Run Accidents in California?
California consistently reports one of the highest numbers of hit-and-run crashes in the nation. According to the California Office of Traffic Safety, thousands of fatal collisions occur each year throughout a number of cities and oftentimes involves drivers who leave the scene without stopping. Furthermore, a hit and run report from AAA reveals that hit and run accidents happen every 43 seconds in the U.S.
While hit-and-run accidents occur in virtually every setting, some of the most common locations include busy intersections, parking lots, freeways, and even in residential neighborhoods, meaning anyone is susceptible to these types of accidents.
What California Law Requires After an Accident
Under California Vehicle Code § 20001, all drivers in the state have a legal duty to stop after an accident has occurred, especially one that has resulted in an injury or death. In addition to stopping, drivers must provide information regarding their identity, render reasonable assistance to the injured, and contact law enforcement about the situation.
However, for accidents involving property damage only, California Vehicle Code § 20002 similarly requires drivers to stop and exchange information. Any failure to do so can result in criminal penalties, including fines, the revoking of a person’s drivers license, and potential imprisonment. Furthermore, even if the driver faces criminal charges later, a criminal case does not automatically compensate accident victims for their losses.
Can You Still Recover Compensation if the Driver Is Never Found?
The inability to identify the at-fault driver does not automatically prevent you from recovering compensation. In fact, it is a very common and understandable misconception that people have no options once the driver disappears in a hit and run accident. In reality, there are several sources of recovery that may be available depending on the facts of your case.
For instance, potential compensation may come from:
Uninsured motorist (UM) coverage
Medical Payments (MedPay) coverage
Collision insurance
Health insurance
Other potentially liable parties
How Uninsured Motorist Coverage is the Most Important Resource
One of the most valuable protections after a hit-and-run is Uninsured Motorist (UM) coverage, because under California Insurance Code § 11580.2, the state treats unidentified hit-and-run drivers similarly to uninsured motorists under qualifying circumstances. With that in mind, if you carry UM bodily injury coverage, it may compensate you for damages such as medical expenses, future medical treatment, lost wages, pain and suffering, and emotional distress even when the driver is never located.
Will My Insurance Rates Automatically Increase if I File a Hit-And-Run Claim?
Whether your premiums increase in the event of a hit and run accident depends on your insurer, policy, claim history, and the circumstances of the accident. Several factors that may influence whether your rates change include things like the type of claim you are filing for, your driving and claims history, and your insurer’s underwriting guidelines. Because every insurance policy is different, it is wise to speak with an experienced personal injury attorney who can explain your rights and help ensure your claim is handled fairly.
Do I Need a Lawyer if I’m Filing a Claim With My Own Insurance Company?
Even though you are dealing with your own insurer, uninsured motorist claims are still adversarial, because insurance companies may dispute liability, question the extent of your injuries, or challenge the value of your claim. An attorney can determine whether those legal requirements have been met and help protect your right to recover compensation.
Can I Recover Compensation if the Driver Is Found Years Later?
Potentially, because if law enforcement later identifies the driver who fled the scene, you may have additional legal options depending on the facts of your case. In addition to any uninsured motorist benefits you have already received, you may be able to pursue a personal injury claim directly against the at-fault driver for damages that were not fully covered by your insurance.
Your ability to bring a lawsuit will depend on several factors, including whether the applicable statute of limitations under California Code of Civil Procedure § 335.1 has expired or whether another legal doctrine extends the filing deadline. An attorney can evaluate your situation and determine the best course of action.
Let Our Northern California Hit-and-Run Lawyers Help
A hit-and-run accident can leave you feeling frustrated and uncertain, especially when the driver responsible is never identified. Fortunately, California law recognizes that victims should not automatically bear the financial burden simply because another motorist fled the scene.
At Frank Penney Injury Lawyers, our team of personal injury attorneys have extensive experience investigating complex hit-and-run cases and pursuing every available avenue for compensation. By hiring us for your claim, you can rest easy knowing your case is in the right hands.
Call us at 888-888-0566 or by filling out our online contact form today to schedule your free case consultation.