If you’ve been injured in a hit-and-run accident in Temecula, California law provides several paths to seek compensation. Even when the at-fault driver flees the scene, you may recover damages through your own insurance policy, victim compensation programs, or a civil lawsuit if the driver is later identified. The key is acting quickly to preserve evidence and protect your legal rights.
As a personal injury firm serving Temecula and the entire Riverside County, Zucker Personal Injury & Accident Lawyers has helped hit-and-run victims pursue the compensation they deserve. Our team has won substantial verdicts and settlements, including multi-million-dollar results in complex accident claims. Led by highly experienced injury attorneys, we are ready to assess your case and determine your best legal pathways for compensation.
Get a free consultation with Zucker Personal Injury. Call us at (951) 699-2100 today.
How California Law Addresses Hit-and-Run Accidents
California takes hit-and-run accidents seriously. Under state law, any driver involved in an accident that causes injury or death must stop at the scene, provide identification, and render reasonable assistance to anyone who’s hurt. Leaving the scene of an accident involving injury can result in criminal penalties depending on the charge level.
For accidents involving property damage only, failing to stop and exchange information is a misdemeanor. However, when someone is injured or killed, the violation can rise to a felony offense in California, punishable by up to four years in state prison. The California DMV confirms that a hit-and-run conviction resulting in injury will lead to revocation of driving privileges.
These criminal penalties exist to deter drivers from fleeing. But for victims, the more pressing concern is usually how to cover medical bills, lost wages, and other expenses when the responsible party has disappeared.
Your Options for Compensation After a Hit and Run
Finding compensation after a hit-and-run depends largely on whether the at-fault driver is identified. Here’s how each scenario typically unfolds:
When the Driver Is Found
If police identify the hit-and-run driver, you can pursue a claim against that driver directly. This might involve filing a claim with their insurance company or bringing a personal injury lawsuit. California’s two-year statute of limitations (time limits) for personal injury claims starts from the date of the accident, according to California Courts.
Criminal restitution is another possibility. If the driver is convicted, the court may order them to pay restitution to cover your financial losses.
When the Driver Remains Unknown
Many hit-and-run drivers are never caught. In these cases, your own insurance policy becomes your primary resource. California requires insurance companies to offer uninsured motorist coverage, which can apply to hit-and-run situations but is subject to “physical contact” and other conditions.
Uninsured motorist bodily injury (UMBI) coverage pays for your medical expenses, lost income, and pain and suffering when you’re hurt by an uninsured or unidentified driver. The California Department of Insurance notes that if you decline this coverage, you must sign a written waiver acknowledging you were offered it and turned it down.
Uninsured motorist property damage (UMPD) coverage works differently. It only pays for vehicle damage when the at-fault driver is identified, with a $3,500 limit. If you have collision coverage, that will typically apply regardless of whether the other driver is found.
Victim Compensation Programs
California offers additional resources for crime victims, including those injured in hit-and-run accidents. The California Victim Compensation Board (CalVCB) can help pay for expenses that result from violent crimes, including serious traffic offenses.
CalVCB may cover:
- Medical and dental treatment
- Mental health counseling
- Lost wages
- Funeral and burial costs.
The maximum reimbursement is $70,000 per application. To qualify, you’ll need to cooperate with law enforcement and file your application within seven years of the crime. CalVCB acts as the payer of last resort, meaning it covers expenses not paid by insurance or other sources.
Steps to Take After a Hit and Run
What you do immediately after a hit-and-run can significantly affect your ability to recover compensation. Andrew Zucker and the team at Zucker Personal Injury & Accident Lawyers recommend the following steps:
- Call 911 right away. Reporting the accident creates an official record and starts the investigation. Try to provide any details you remember about the fleeing vehicle, such as color, make, model, or partial license plate numbers.
- Get medical attention. Even if you feel fine, some injuries don’t show symptoms immediately. Medical records also document the connection between your injuries and the accident.
- Gather evidence at the scene. Take photos of vehicle damage, skid marks, debris, and your injuries. Get contact information from any witnesses. This evidence may prove essential if the driver is later identified.
- Notify your insurance company promptly. Most policies require notification within a certain timeframe for hit-and-run accidents. Failing to report quickly could jeopardize your uninsured motorist claim.
- Talk to a personal injury attorney. Hit-and-run cases involve complicated insurance issues and potential legal claims against multiple parties. An experienced lawyer can help you understand all available options.
How Hit-and-Run Cases Differ From Other Accident Claims
Hit and run cases present unique challenges that set them apart from typical car accident claims. Without a known defendant, victims can’t simply file a claim against the at-fault driver’s insurance.
Insurance companies sometimes dispute uninsured motorist claims, arguing about the extent of injuries or questioning whether the accident happened as described. Having strong evidence, including a police report, witness statements, and consistent medical documentation, strengthens your position.
When a hit-and-run driver is eventually caught, the case may become more straightforward. You can pursue their insurance policy and potentially sue them personally. However, drivers who flee accident scenes sometimes lack adequate insurance or assets, which is sometimes why they fled in the first place.
Supporting Facts About Hit-and-Run Accidents
Hit-and-run accidents remain a serious problem across California and the nation. According to the National Highway Traffic Safety Administration, there were 2,872 fatalities in traffic crashes involving hit-and-run drivers nationwide in 2023. Pedestrians are particularly vulnerable, with 25% of all pedestrian fatalities occurring in hit-and-run crashes that year.
California experienced 4,061 total traffic fatalities in 2023, a decrease from 4,539 in 2022, per the California Office of Traffic Safety. The state continues working to reduce these numbers through enforcement and public awareness campaigns.
Frequently Asked Questions
Can I still get compensation if the hit-and-run driver is never found?
Yes, it’s possible to still be compensated if the fleeing driver is never found. Your uninsured motorist coverage can pay for injuries caused by an unidentified driver. You may also qualify for benefits through the California Victim Compensation Board if the accident qualifies as a violent crime.
How long do I have to file a lawsuit after a hit and run?
California’s statute of limitations for personal injury claims is two years from the date of the accident. If you’re filing a claim against a government entity, you must submit an administrative claim within six months.
What if I only have basic liability insurance?
Your liability insurance only covers damage you cause to others. Without uninsured motorist coverage, your options for recovering compensation from an unknown driver are limited. You may still be covered by your other insurance policies or be eligible for CalVCB benefits.
Will my insurance rates go up if I file an uninsured motorist claim?
California law restricts insurance companies from increasing your premiums solely because you filed a claim for an accident that wasn’t your fault. However, practices vary among insurers.
Key Points to Remember
- Hit-and-run victims in California can pursue compensation through insurance claims, civil lawsuits, or victim compensation programs.
- Uninsured motorist coverage is your primary resource when the at-fault driver isn’t found.
- You have two years from the accident date to file a personal injury lawsuit in most cases.
- Documenting the accident thoroughly and reporting it promptly strengthens your claim.
- An experienced attorney can help you identify all available sources of compensation.
Contact Zucker Personal Injury & Accident Lawyers for Help With Your Hit-and-Run Injury Case
Being injured by a driver who flees the scene adds frustration to an already difficult situation. You shouldn’t have to figure out the legal process alone.
Andrew Zucker and Valerie Zucker are respected personal injury attorneys serving Temecula and throughout Southern California. Visit Andrew Zucker’s or Valerie Zucker’s attorney profile to learn more about their experience and results. Call (951) 699-2100 to schedule a free consultation.
