A driver hits you and speeds away. It's infuriating — and it raises an immediate question: how do you get compensated when you don't know who's responsible? California law provides several routes to recovery even when the hit-and-run driver is never identified.
Step 1: Report Immediately — Within 24 Hours
Report the accident to your own insurance company within 24 hours (or as soon as practicable) even if you don't have a name or plate number. Failing to report promptly can give your insurer grounds to deny your uninsured motorist claim.
California Vehicle Code § 20002 requires drivers involved in accidents to stop, provide contact information, and render aid. Fleeing is a misdemeanor — and a felony if injuries result (CVC § 20001). This matters if the driver is later identified.
Your Primary Recovery Path: Uninsured Motorist Coverage
If the hit-and-run driver is never found, your own Uninsured Motorist (UM) coverage steps in. California requires all auto policies to include UM coverage unless you specifically waive it in writing.
Your UM coverage pays for:
- Medical bills and future treatment
- Lost wages
- Pain and suffering
- Property damage (under Uninsured Motorist Property Damage / UMPD)
Important: For UM coverage to apply in a hit-and-run, California typically requires some evidence of physical contact with the fleeing vehicle, or an independent witness who corroborates your account.
If the Driver Is Identified Later
Police often solve hit-and-runs through traffic cameras, witness accounts, nearby business surveillance, and license plate fragment reports. If the driver is found:
- You can file a personal injury claim directly against their insurance (or them personally if uninsured)
- You may be entitled to punitive damages for the deliberate act of fleeing the scene
- Criminal prosecution may result in restitution ordered by the court
California MVAIC — For the Completely Uninsured Victim
If you have no auto insurance and UM coverage doesn't apply, California's Motor Vehicle Accident Indemnification Corporation (MVAIC) program and civil procedures may offer limited relief — though this is a last resort and has strict requirements.
What to Do at the Scene
- Note the fleeing vehicle: color, make, model, partial plate, direction of travel
- Look for witnesses — ask anyone nearby if they saw what happened
- Check for nearby security cameras (gas stations, ATMs, businesses)
- Call 911 immediately
- Photograph your vehicle damage, the road, your injuries
- Seek medical attention even if you feel okay
Your UM Claim vs. Your Insurer
Even though it's your own insurer, a UM claim is essentially an adversarial process. Your insurance company may dispute fault, question your injury, or offer far less than your claim is worth. Many UM claims end up in arbitration. Having an attorney representing you significantly increases UM settlement amounts.
Attorney Mark Gonzales has recovered full compensation for hit-and-run victims across the Inland Empire. Free consultation — no fee unless we win.
📞 Call 909-587-6336