Hit-and-Run Accidents in California

Your Rights and Legal Options

When you’re involved in a car accident, it’s already a stressful and potentially traumatic experience. But when the other driver flees the scene—leaving you injured, confused, and without answers—it can feel even more devastating. Unfortunately, hit-and-run accidents are far too common in California, particularly in high-traffic areas like Los Angeles and the surrounding counties.

At Shaumyan & Derbarseghian, LLP, we’ve helped countless clients navigate the legal aftermath of these types of collisions. Whether you’re seeking justice, financial compensation, or both, it’s important to understand your rights, the laws governing hit-and-runs in California, and what your next steps should be.

What is a Hit-and-Run Accident?

A hit-and-run accident occurs when a driver involved in a collision leaves the scene without providing their contact information, driver’s license, or insurance details, or without rendering aid to anyone injured. These incidents can involve:

• Vehicle-on-vehicle collisions
  
• Striking a pedestrian or cyclist
  
• Hitting a parked car or private property
  

Under California Vehicle Code § 20001 (for accidents involving injury or death) and § 20002 (for property damage only), fleeing the scene is a criminal offense, which can result in misdemeanor or felony charges, depending on the severity of the damage or injuries.

The Alarming Reality of Hit-and-Runs in California

California leads the nation in hit-and-run fatalities. According to data from the AAA Foundation for Traffic Safety, over 3,500 deaths in the U.S. in recent years have been attributed to hit-and-run crashes—with California accounting for a large share.

Why so many? Several factors may contribute, including:

• Unlicensed or uninsured drivers
  
• Fear of DUI or outstanding warrants
  
• Distracted driving or panic
  
• Lack of knowledge about legal responsibilities
  

Regardless of the reason, leaving the scene of an accident is illegal, and victims are entitled to pursue compensation and justice.

Your Legal Rights After a Hit-and-Run in California

If you or someone you love is the victim of a hit-and-run, you are not without options. California law provides several avenues for recovery, and working with a law firm like Shaumyan & Derbarseghian, LLP can make all the difference.

1. The Right to File a Police Report

Immediately after the incident, call the police. Filing a police report creates an official record and triggers an investigation that may help identify the at-fault driver. It’s also essential for filing insurance claims and pursuing legal action later on.

2. The Right to Seek Medical Care

Your health is the top priority. Even if your injuries seem minor, seek medical attention right away. Prompt care not only protects your well-being but also provides documentation that can strengthen your claim.

3. The Right to Compensation

Even if the hit-and-run driver is not found, you may still be entitled to compensation through:

• Uninsured Motorist Coverage (UM/UIM) – Most auto insurance policies in California include this coverage, which can help pay for injuries, medical bills, and sometimes property damage if the at-fault driver can’t be located.
  
• Personal Injury Claims – If the driver is eventually identified, you can pursue a personal injury lawsuit to recover damages including:
  
  • Medical expenses
    
  • Lost income
    
  • Pain and suffering
    
  • Property damage
    
  • Punitive damages (in some cases)
    

What To Do Immediately After a Hit-and-Run Accident

The steps you take right after the incident can dramatically affect the outcome of your claim. Here’s what we advise our clients:

1. Stay at the Scene and Call 911

Do not attempt to chase the fleeing driver. Instead, stay put, call emergency services, and get medical attention if needed.

2. Gather Evidence

While waiting for police to arrive, document everything:

• Take pictures of your vehicle and surroundings
  
• Note the time, location, and any details you remember about the fleeing vehicle (make, model, color, license plate, etc.)
  
• Speak to witnesses and collect their contact information
  

3. File a Police Report

Make sure the responding officer files a full report. Get a copy of this report as it will be critical for both insurance and legal purposes.

4. Notify Your Insurance Company

Report the accident to your insurer, even if you don’t yet have all the details. Be honest and avoid speculating.

5. Speak With an Attorney

Navigating insurance claims and legal options after a hit-and-run is complex. Consulting with a personal injury attorney can ensure your rights are protected and increase your chances of maximum compensation.

Criminal Penalties for Hit-and-Run Drivers in California

From a legal standpoint, fleeing the scene of an accident is a serious offense. California law treats these incidents as either misdemeanors or felonies:

• Misdemeanor Hit-and-Run (Property Damage Only):
  
  • Up to 6 months in jail
    
  • Fines up to $1,000
    
  • Probation, restitution, and license points
    
• Felony Hit-and-Run (Injury or Death):
  
  • Up to 4 years in state prison
    
  • Fines up to $10,000
    
  • Restitution to victims
    

These penalties are separate from any civil lawsuits the victim may file, which can result in significant financial liability for the at-fault party.

Can You Still Sue If the Driver is Never Found?

Yes. While it’s ideal to identify the person responsible, you can still recover damages through your own insurance or even through alternative legal strategies, including:

• Filing a claim under UM/UIM coverage
  
• Investigating third-party liability (such as an employer, rideshare company, or vehicle owner)
  
• Using public or private surveillance footage to track the driver
  

At Shaumyan & Derbarseghian, LLP, we work closely with accident reconstruction experts, private investigators, and local law enforcement to help our clients identify all possible recovery options—even when the case seems hopeless.

Frequently Asked Questions About Hit-and-Run Accidents

What if I was a pedestrian or cyclist?

You still have rights. Whether you were walking, biking, or simply standing nearby, hit-and-run laws apply. You’re entitled to pursue injury claims, especially if you carry UM/UIM coverage or can identify the driver later.

How long do I have to file a claim?

In California, the statute of limitations for personal injury is two years from the date of the accident. However, if you’re filing an uninsured motorist claim, your policy may have its own internal deadlines, sometimes as short as 30 days—so don’t wait.

Do I need a lawyer if I have insurance?

Absolutely. Insurance companies are not on your side. They may offer lowball settlements or deny your claim entirely. A skilled attorney will negotiate on your behalf and, if necessary, file a lawsuit to ensure you get full compensation.

Why Hire Shaumyan & Derbarseghian, LLP for Your Hit-and-Run Case?

At Shaumyan & Derbarseghian, LLP, we are passionate about helping victims of negligence and injustice. Our team has extensive experience handling hit-and-run accident cases across California, and we understand the intricacies of both insurance and civil litigation.

Here’s what sets us apart:

• Contingency Fee Representation – You pay nothing unless we win your case
  
• Aggressive Advocacy – We fight to hold at-fault drivers accountable
  
• Personalized Support – We take time to understand your situation and build a case strategy around your needs
  
• Proven Results – Our track record speaks for itself
  

Contact Shaumyan & Derbarseghian, LLP today for a free consultation

Being involved in a hit-and-run accident can be overwhelming—but you don’t have to face it alone. The law is on your side, and so are we.

If you or a loved one has been injured in a hit-and-run in California, don’t wait. Time is critical, evidence can disappear, and deadlines may limit your ability to seek compensation. We’re here to help you get the justice and financial support you deserve.