Meta Description – Hit by a hit-and-run driver in California? Learn the exact steps to take, your legal rights, and how to claim compensation even if the driver is never found.

According to a 2023 study by the AAA Foundation for Traffic Safety, nearly 15 percent of all police-reported crashes in the United States involved a driver who fled the scene, the highest rate ever recorded. California’s picture is even more concerning. Of the 28,489 fatal crashes that occurred in the state between 2017 and 2023, 10.5 percent were hit and run cases. In other words, in one out of every ten fatal crashes, the guilty driver escaped responsibility and fled.

These statistics show that hit and run is not an isolated event, but a real and growing problem on California’s roads. So, for the benefit of injured people, today’s article covers:

• How hit and run is defined under California law
• Penalties for hit and run: California Vehicle Code 20001 and 20002
• Criminal charges and your compensation claim, two separate paths
• The statute of limitations for compensation claims in California
• 6 steps to take after a hit and run accident
• Common mistakes to avoid in a hit and run claim

If you or someone you know has been the victim of a hit and run accident in California, I hope today’s article will be extremely helpful to you. Let’s get started.

How Hit and Run Is Defined Under California Law

Under California law, hit and run means a driver who, after being involved in a traffic accident, fails to fulfill their legal obligations and flees the scene without identifying themselves. Two sections of the California Vehicle Code govern this offense.

Vehicle Code 20001: Under California Vehicle Code 20001 (VC 20001), if another person is injured or killed in a traffic accident and the driver flees the scene, it is treated as a serious offense, or felony. In cases involving an injured person, the driver must immediately stop the vehicle, exchange identifying and license information, and provide necessary humane assistance, such as getting the injured person to a hospital or calling emergency services (911).

Vehicle Code 20002: Under California Vehicle Code 20002 (VC 20002), if no one is injured in the accident but only property or another vehicle is damaged, and the driver flees, it is treated as a minor offense, or misdemeanor. If a driver hits a parked, empty vehicle, a fence, or a mailbox, they must stop and try to locate the owner. If the owner cannot be found, the driver must leave a note in a visible place on the vehicle with their name, address, and a description of the accident, and must notify local police.

What Is the Penalty for Hit and Run in California?

Under the California Vehicle Code (CVC), the penalty for hit and run mainly depends on the type of damage and whether anyone suffered physical injury or death. In California, this penalty is primarily divided into two categories.

1. Penalty When Only Property Is Damaged (Misdemeanor, VC 20002)

If no one is injured in the accident but someone else’s vehicle, home, or property is damaged and the driver flees, it is treated as a misdemeanor. Its maximum penalties are:

• Imprisonment: up to 6 months in county jail
• Fine: up to $1,000
• Probation: up to 3 years of court-ordered conditional release, or probation
• Driving record: the California DMV will add 2 points to the driver’s record, which substantially increases auto insurance costs

2. Penalty When Someone Is Injured or Killed (Felony, VC 20001)

If another driver, passenger, or pedestrian is injured or killed in the accident and the driver flees, it is prosecuted as a felony. The penalty is determined based on the severity of the injury:

• For a general or moderate injury, the sentence can be up to 1 year in county jail, or 1 to 3 years in California state prison, along with a fine of $1,000 to $10,000.
• For a severe injury or death, the sentence can be a mandatory 2, 3, or 4 years directly in California state prison, along with a fine of $1,000 to $10,000.

Additional Administrative and Civil Penalties

Alongside the main criminal sentence, the offender faces some additional penalties:

• Driving license revocation: in felony hit and run cases, the offender’s driving license is fully suspended or revoked by the DMV for 1 year.
• Restitution: the guilty driver must fully pay, out of pocket, for the victim’s or their family’s medical costs, vehicle repairs, and financial losses from missed workdays.
• A permanent criminal record: a felony record creates lasting legal complications for getting a job, renting housing, or obtaining loans in the future.

Criminal Charges and Your Compensation Claim, Two Separate Paths

A criminal case and a compensation claim are two completely separate legal processes, one aimed at punishing the offender and the other aimed at financially helping the victim. The criminal case is handled by the state or government (in this case, the State of California), where a government attorney fights to have the guilty driver sentenced to jail, fined, or put on probation for breaking the law. In this process, the victim mainly serves as a witness, and the offense must be proven “beyond a reasonable doubt.”

On the other hand, a compensation claim, or civil case, is a process directly between the victim and the guilty driver or their insurance company. The victim, either personally or through their own attorney, files this claim to recover vehicle repair costs, hospital bills, and the cost of emotional trauma. In this case, the standard of proof is somewhat lower, a preponderance of evidence, meaning the victim wins if they can prove the driver’s fault is more likely than not. As a result, even if the driver gets away in the criminal case, they can still be compelled to pay compensation through the civil route.

To recover compensation, a victim can use two different paths. First, alongside convicting the driver, the criminal court can order the driver to pay direct financial compensation (restitution) to the victim. Second, regardless of the outcome of the criminal case, the victim can file a lawsuit directly in civil court, or try to recover money quickly from the driver’s auto insurance company. In other words, the criminal case path holds the offender accountable in court, while the compensation claim path recovers the victim’s financial losses.

Statute of Limitations for Compensation Claims in California

Under California Code of Civil Procedure section 335.1, a person generally has two years from the date of the accident to file a personal injury lawsuit. If this deadline passes, the court can dismiss the case, no matter how severe the damages. However, if a government agency’s vehicle is involved (such as a city bus or other government vehicle), a claim must be filed with that agency within just six months, something many people are unaware of, and it is the reason many lose their claim.

6 Steps to Take After a Hit and Run Accident

If you become the victim of a hit and run accident in California or anywhere else, it is important not to panic and to immediately take certain legal and protective steps. Below are the 6 main steps to take, in detail:

1. Get to a safe location and check your physical condition

The first thing to do right after the accident is to ensure your safety and that of the vehicle’s occupants. If the vehicle is still drivable, move it out of the middle of the road to a safe side or the shoulder, so that no further accident occurs. Quickly check whether you or the other passengers in the vehicle have sustained any injuries. Even if the pain is not immediately apparent due to the force of the impact, try to stay calm.

2. Gather information about the fleeing vehicle (as much as possible)

In the fraction of a second or a few moments while the guilty driver is fleeing, try to remember or note down as much information as possible. Note the license plate number (the most important), the vehicle’s brand, model, color, and which direction it fled in. If possible, try to remember what the driver looked like (male/female, approximate age, hair, or type of clothing).

3. Notify and report to the police (911)

Call the emergency services number from the scene as quickly as possible and inform the police about the accident. Tell them that this is a “hit and run” incident, and confirm whether any passenger is injured (request an ambulance if there is an injury). When police arrive at the scene, give the officer all the details, and obtain a copy of an official police report. This report is later the most important document for insurance claims and legal proceedings.

4. Gather evidence and take photos/videos

While waiting for the police to arrive, or after they arrive, capture all kinds of visual evidence of the scene on your phone. Take photos and videos of exactly where your vehicle was damaged, whether there are any skid marks on the road, and the surroundings of the entire accident scene. If your vehicle has a dashcam, secure its footage. Also, if any nearby shop or house has a CCTV camera, talk to its owner.

5. Look for eyewitnesses or witnesses

Other drivers on the road, pedestrians, or someone from a nearby shop may have seen the accident. If you find any eyewitnesses, ask them whether they noticed any information about the fleeing vehicle, such as the license plate or model. Write down their name, phone number, and address, so that the police or your insurance company can contact them later.

6. Get a medical examination and notify your insurance company

Even if there is no visible physical injury, it is extremely important to see a doctor quickly and notify your insurance company about the incident. Often, internal injuries or trauma appear hours or days later. Having medical records proves that the injury resulted from this accident. Notify your own auto insurance company about the accident within 24 to 48 hours. If your policy includes Uninsured Motorist (UM) coverage, then even if the guilty driver is not caught, your own company will cover your medical and vehicle repair costs.

Common Mistakes to Avoid in a Hit and Run Claim

Many people think that if the guilty driver is not caught, there is no way to get compensation, so they delay filing a police report or an insurance claim. In reality, this is the biggest mistake, because uninsured motorist coverage is created exactly for this situation. If you report late or lose evidence, the insurance company gets an opportunity to deny the claim.

For more detailed and up-to-date information on California traffic law, rideshare accidents, and pedestrian rights, you can check out InjuryRights101, where articles on California injury-related law are published regularly.

Conclusion

Even if the guilty driver remains unknown after a hit and run accident, the injured person is not entirely helpless. Filing a police report, preserving evidence, and filing a timely claim with your own insurance, if these three steps are properly followed, the chances of getting compensation increase significantly. However, in California, you only have two years to file a compensation lawsuit, so acting quickly without delay is the wise thing to do.