A hit-and-run accident leaves you dealing with injuries and vehicle damage while the driver responsible has already fled the scene. Without a driver to point to, many victims assume they have no way to recover compensation. In reality, California law and your own insurance policy may still provide paths to recovery, but hit-and-run cases involve unique evidence and coverage issues that don't come up in a typical two-car crash.
Yadegar Law Firm, PC helps Los Angeles hit-and-run victims investigate what happened, preserve evidence, and pursue every available avenue of compensation.
Immediate Steps After a Hit-and-Run
Safety comes first. Move to a safe location if you can, and call 911 to request police and, if needed, medical assistance. Try to note as much as possible about the fleeing vehicle: color, make, model, approximate year, license plate (even a partial plate), and direction of travel. Look around for surveillance cameras, doorbell cameras, or nearby businesses that may have captured the incident, and try to identify anyone who witnessed the crash before they leave the scene.
Reporting the Accident to Police or the CHP
Filing a police report (with the LAPD, your local police department, or the California Highway Patrol depending on where the crash occurred) is critical in a hit-and-run case. Under Insurance Code § 11580.2(b), a UM claim involving an unidentified driver generally requires that the accident be reported within 24 hours. The report also creates an official record of the incident and often triggers a law enforcement investigation into the fleeing driver's identity, so reporting promptly protects both the criminal investigation and your civil claim.
Identifying the Driver Who Fled
Even when a driver flees the scene, evidence often exists to identify them. We work to obtain surveillance footage from nearby businesses, homes, or traffic cameras, gather statements from witnesses, and document physical evidence such as paint transfer, broken headlight or taillight fragments, and other debris left at the scene. In some cases, this evidence leads to identifying the driver, which can open up a direct claim against their insurance in addition to, or instead of, a UM claim.
The Physical Contact Requirement and Phantom Vehicle Claims
If the driver who caused the crash is never identified, you may still be able to recover through your own uninsured motorist coverage. However, Insurance Code § 11580.2(b) generally requires actual physical contact between your vehicle and the fleeing vehicle to support a claim against an unidentified driver, along with a report to police, the sheriff, or the CHP within 24 hours of the accident and a sworn statement filed with your insurer within 30 days. This is sometimes called a 'phantom vehicle' claim. An independent witness can help corroborate what happened, but is not a substitute for the physical-contact requirement, and the evidence requirements here can be stricter than in a standard UM claim where the other driver is known but uninsured.
Criminal Charges vs. Your Civil Claim
Leaving the scene of an accident is a crime in California, and the driver may face criminal charges if identified and located. It is important to understand that the criminal case and your civil injury claim are separate processes with different goals, different standards of proof, and different timelines. You are not required to wait for the outcome of a criminal case before pursuing your own claim for compensation, although evidence developed in a criminal investigation can sometimes support a civil case.
Restitution Versus Civil Recovery
If the hit-and-run driver is convicted, a criminal court may order restitution to cover certain losses. However, restitution is often limited, difficult to collect if the defendant has few assets, and generally does not account for the full range of damages available in a civil claim, such as pain and suffering. Pursuing a civil claim, whether against an identified driver, their insurer, or your own UM carrier, remains an important avenue even when restitution is ordered.
Medical Payments Coverage While Liability Is Unresolved
While the identity of the at-fault driver remains unknown, medical bills don't stop coming. Medical Payments (MedPay) coverage on your own auto policy, along with your health insurance, can help pay for treatment while your case is investigated and your UM or civil claim proceeds. We help clients coordinate these coverages so that necessary treatment isn't delayed while liability is being sorted out.
Preserving Evidence Before It Disappears
Hit-and-run evidence can disappear quickly. Surveillance video is often overwritten within days or weeks, debris gets cleared from the roadway, and witnesses' memories fade over time. Prompt investigation, which can include requesting preservation of footage from nearby businesses and canvassing the area for camera footage, is often the difference between identifying the responsible driver and never learning who caused the crash. The sooner an attorney is involved, the more evidence can typically be preserved.
If you were injured in a hit-and-run accident in Los Angeles, contact Yadegar Law Firm, PC today for a free, confidential consultation to discuss your options.