Hit-and-run in California: the law and what victims should do

What the law requires

Every driver involved in a crash in California must stop. When someone is injured or killed, the driver must stay, give their name, address, license and registration information to the injured person and to police at the scene, and give reasonable help to anyone hurt. Leaving a crash that injured someone is a crime under Vehicle Code 20001, and it can be charged as a felony.

When only property was damaged, the driver must stop and either find the owner or leave a written note with their contact information, and then report the crash to the police or CHP (Vehicle Code 20002). Leaving without doing that is a misdemeanor.

What to do as the victim

• Call 911 and get medical help. Your health comes first, and an emergency record also documents the crash.
• Report it to police or the CHP right away, and in any event within 24 hours. That report is required to use your own uninsured motorist coverage (Insurance Code 11580.2). Ask for the report number.
• Write down everything about the other vehicle while it is fresh: any part of the plate, make, model, color, body style, damage, stickers, and the direction it went.
• Find witnesses and cameras. Ask nearby businesses and homes about cameras, and write down which ones exist. Bus and rail systems, and many intersections, also have cameras. Footage is often overwritten within days.
• Photograph your vehicle or bicycle, debris left at the scene (a broken mirror or headlight piece can identify a model), skid marks and your injuries.

How hit-and-run drivers are identified

Police use witness accounts, video, vehicle debris, and reports from body shops and parts suppliers. Pieces of a car left at the scene can narrow down make, model and year. Victims and families sometimes help by canvassing for video and posting in neighborhood groups; share anything you find with the investigating officer rather than confronting anyone.

If the driver is found

A driver who is identified can be prosecuted, and a criminal court can order restitution for the victim's economic losses, such as medical bills and lost wages (Penal Code 1202.4). Separately, you can bring a civil injury claim against the driver and their insurer. A criminal case does not replace the civil claim, and the civil deadline keeps running: most injury lawsuits must be filed within two years (Code of Civil Procedure 335.1).

If the driver is never found

Many hit-and-run drivers are never identified. That does not necessarily leave you without a way to pay for your injuries. Uninsured motorist coverage on your own policy (or a household member's) is usually the main source; see uninsured motorist claims after a hit-and-run.