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What Happens if a Hit-and-Run Driver Hit Me in California?

By David Gammill · Last reviewed: August 24, 2026

If a hit-and-run driver hit you in California, you still have a case. Fleeing the scene of an injury crash is a crime under Vehicle Code § 20001, police investigate these collisions, and many fleeing drivers are identified. Even when the driver is never found, your own uninsured motorist coverage can pay for your injuries.

If this happened to you or someone in your family, talk to a lawyer before you accept anything from the insurance company. Call Gammill Law at 310-750-4149 for a free consultation, or reach us through our contact page.

What Does the Law Require of the Driver Who Hit You?

California law required that driver to stop, and leaving made things worse for them, not for you. Under Vehicle Code § 20001, the driver of a vehicle involved in a crash that injures or kills someone must immediately stop at the scene and provide identification and reasonable assistance. Violating that duty is punishable as a felony, with heavier penalties when the crash causes death or permanent serious injury. Our full explainer on Vehicle Code § 20001, California’s hit-and-run law, covers the statute in depth, including how the criminal case and your civil claim interact.

How Do Hit-and-Run Drivers Actually Get Identified?

What If the Driver Is Never Found?

Your own policy is the backstop most people forget they paid for. Uninsured motorist (UM) coverage applies to hit-and-run injuries when the driver is never identified, and it pays for the same categories of harm the fleeing driver would have owed: medical care, lost income, and pain and suffering, up to your policy limits. Using your own UM coverage does not make you the bad guy, and your insurer still owes you fair claim handling. But it is still an insurance negotiation, and recorded statements and quick low offers work the same way they do in any other claim. Talk to a lawyer before giving either.

What Should You Do Right Now?

  1. Call 911 and get medical evaluation the same day, even if symptoms feel mild.
  2. Write down everything you remember about the vehicle immediately: color, type, damage, direction of travel, any plate fragment.
  3. Ask nearby homes and businesses about camera footage before it is overwritten.
  4. Report the crash to the police and get the report number.
  5. Notify your own insurer of a potential UM claim, but do not give a recorded statement before you have counsel.

Our Torrance hit-and-run accident lawyer page covers the local investigation playbook in detail, and our guide on what to do immediately after a car accident walks through the first days step by step.

Free guide: Crash Course: A California Car Accident Guide (2026). Every deadline, the insurance realities, and the first steps that protect your claim, in one plain-English PDF.

What Deadlines Apply?

Most hit-and-run injury lawsuits must be filed within two years of the crash under CCP § 335.1, the two-year statute of limitations. UM policies add their own notice and claim requirements, some much shorter, so the practical deadlines are set by your policy as well as the statute. The evidence clock, measured in days, is the one that actually decides most of these cases.

Legal References

  1. Cal. Veh. Code § 20001. Duty to stop at an injury crash; penalties for fleeing.
  2. Cal. Veh. Code § 20003. Identification and assistance duties at the scene.
  3. Cal. Code Civ. Proc. § 335.1. Two-year statute of limitations.

Hit by a Driver Who Fled? You Have More Options Than You Think.

Hit-and-run victims recover through identified drivers and through their own coverage every day; the cases are won by moving fast on the evidence. If a fleeing driver injured you in Torrance or the South Bay, get your free case evaluation or call 310-750-4149, and see our Torrance car accident attorney page for how we build these cases. There are no upfront legal fees; a fee is collected only if we win, under a written contingency fee agreement that complies with California law.

Disclaimer: This article is educational and informational in nature. It does not constitute legal advice for any specific situation, and reading it does not create an attorney-client relationship. Every case turns on its own facts, and no result is guaranteed; consult a licensed California attorney about your own circumstances.

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