If you are ever in a car accident, it’s expected to exchange information with the driver of the other car. However, if a car hits you and drives away without exchanging information, you still have a right to answers and compensation. In California, hit-and-runs may be considered a misdemeanor or a felony depending on the damages to property, vehicles, and/or people. 

Unfortunately, hit-and-runs are unpredictable. Luckily, there are ways you can protect yourself from these accidents on and off the road. If you were the victim of a hit-and-run, a Los Angeles car accident attorney can help.  

What is a Hit-and-Run? 

A hit-and-run happens when a driver hits a vehicle and fails to stop to leave contact information or check on the victim. This could happen to a parked or moving vehicle, and even happens frequently to bike riders and pedestrians. In California, a hit-and-run can be classified as a misdemeanor or a felony depending on the circumstances of the accident. The worse or more far-reaching the damage or injuries, the stricter the consequences. 

When is a Hit-and-Run a Misdemeanor? 

According to California Vehicle Code § 20002, a hit-and-run is considered a misdemeanor when a hit-and-run accident results in only property and/or vehicle damage. The driver must always leave their contact info in a place where the owner of the damaged property/vehicle will be able to obtain it – most commonly, on the windshield of the damaged car. In this situation, no one was hurt, but the perpetrator is legally required to claim the accident by either sticking around for the victim to arrive or leaving their information. 

When Does a Hit-and-Run Become a Felony?  

A hit-and-run becomes a felony when there is serious bodily harm or death. According to California Vehicle Code § 20001, if an accident results in death or serious injuries the guilty party will be sent to state prison for two to four years, county jail for 90 days to a year, and/or pay a fine that can be in between $1,000 to $10,000. If the driver was found to be intoxicated during the hit-and-run, it’s an automatic 5 years in state prison. A driver’s record prior to the hit-and-run will also be considered before sentencing.  

What is Property Damage?  

Property damage means any damage to a vehicle or personal belongings. This includes external personal property like mailboxes, cameras, fences, trees, walls, and even a pet. Hit-and-run drivers can also be responsible for damages to another driver’s car, the cargo inside the car, and any property a bike rider or pedestrian may be carrying, such as a cell phone, laptop, or outdoor gear. This damage is often compensated second to serious injuries or wrongful death in a hit-and-run.  

What Should I Do at the Scene of a Hit-and-Run? 

A hit-and-run should be treated like any other accident. Follow these steps before contacting an attorney: 

Collect Photo and Video Evidence – Take photos of the damaged vehicle/property as well as the area surrounding it. If you or your neighbors have cameras installed that watch the street, try to collect that footage.  

Call the Police – This way they can document the accident with solid objective evidence. Though police reports aren’t infallible records, they are strong pieces of supporting evidence for your case. Plus, police departments can begin searching for the perpetrator. 

Find Witnesses – Asking neighbors if they saw anything or have footage from their security cameras can be a great start.  

Call Your Insurance– Reporting the accident to your insurance company is a necessary step in the process. Hit-and-runs are still able to be compensated, even without an opposing insurance policy to file through. Often, your insurance company will pay you directly and will sue the perpetrator’s insurance to recoup their costs. 

Visit the Doctor– Get a checkup to make sure you aren’t injured, even if you feel fine. If you’re clearly hurt or aren’t safe to drive yourself to the hospital, call an ambulance. Make sure to keep a record of all accident-related doctor visits, including emotional or mental healthcare. 

What Should I Tell the Police?  

Tell the police as much information you can about the offending car. This includes make, color, model, license plate, and anything else that makes the car stand out. These can be stickers, license frames, wheels, rust, noticeable dents, and anything else you notice. Be sure to tell them the location of the accident and the direction they went in as well. Do not chase after the vehicle. 

After that, contact your insurance company and alert them of the hit-and-run. Try to find a witness to corroborate your story. Local businesses in the area may also have caught it on CCTV footage. 

When Do I Call a Hit-and-Run Lawyer? 

Talking to a Los Angeles car accident attorney is one of the best steps you can take in a hit-and-run. Your attorney may have an easier time collecting police reports, insurance reports, and even evidence that can help you either track down the mystery driver or get you the reimbursement you deserve. It’s best to talk to your attorney once you’ve documented the accident, received medical care, and reported it to the police. 

FAQ 

Does My Insurance Cover Hit-and-Runs? 

Yes, if your policy includes Under/Uninsured Motorist coverage. In California, Uninsured and Underinsured Motorist Bodily Injury (UUMBI) and Uninsured Motorist Property Damage (UMPD) coverage is optional. However, most insurance policies do include these coverages in most insurance plans, unless you decline it. Review your insurance plans to make sure you have UUMBI and UMPD.  

What If I Didn’t Get the License Plate?  

No problem! There are lots of ways to track down hit-and-run drivers. If you’re on the road and unable to see the license plate number, a detailed description of the car and its general location may be enough to find out who the mystery driver is. If your car was damaged while parked, surveillance technology may also help authorities find the mystery person.  

What If the Driver is Never Found?  

You are still entitled to compensation even if police cannot find the hit-and-run driver. In California, the time limit for finding a runaway driver is two years. If they are not identified within that time, your insurance policy will pay according to your uninsured motorist coverage. If you’re not sure you have UUMBI or UMPD in your insurance policy, talk to your insurance agent. 

Can I Sue for Medical Damages?  

If you were injured and/or lost wages because of a hit-and-run, you may sue the liable party if they were identified. Collision insurance only reimburses you for damage to your car, and like in any other accident, physical, mental, and financial damage can be reasons to file a suit against someone. If you require the assistance of a Los Angeles car accident attorney, it’s best to get into contact sooner rather than later. 

What If I Don’t Have UUMBI or UMPD Coverage?  

If you waived these additions to your insurance policy, you may have to pay for any medical costs, car repair fees, and property damage out of pocket. If the hit-and-run driver was identified, you may be able to obtain some sort of compensation via their insurance. 

Contact a Lawyer Today 

Our team at Vaziri Law, LLP, is dedicated to helping our clients gain the compensation they deserve. If your property was damaged in a hit-and-run accident, talk to a hit-and-run car accident lawyer in Los Angeles today!