Every car accident in California brings some level of stress, but this is heightened when the other driver flees the scene. Hit and run accidents often happen because the driver wants to try to get around safety laws and insurance responsibilities. While it’s difficult, you still have options when these unfortunate accidents happen to you in California. However, you’ll need help.
Maison Law can help you navigate this difficult situation. We can negotiate with insurance companies for financial support, even if the other driver remains unknown. If the police can’t locate the driver, an alternative approach is to file a claim against your own insurance. We’re dedicated to helping California car accident victims rebuild their lives after such incidents. Contact us for a free consultation if you’ve been in a hit and run accident in California.
Hit and Run Accident Law in California
To address the prevalence and dangers of hit and run accidents, California law imposes penalties outlined in Section 2002 of the California Vehicle Code (CVC). These penalties categorize hit and run as either a:
- Felony
- Misdemeanor
When involved in an accident that causes damage or injuries, drivers have three key responsibilities:
- Duty to stop – If a driver is involved in an accident that results in property damage, they are required to stop their vehicle at the scene of the accident.
- Exchange of information – The driver must also exchange specific information with the owner of the damaged property or the other driver involved in the accident. This information typically includes their name, address, and vehicle registration number.
- Notification to law enforcement – If the accident resulted in injury or death, the driver is required to immediately notify law enforcement authorities, such as the local police or the California Highway Patrol (CHP).
In essence, drivers are legally required to stop and exchange personal information, regardless of the extent of damage caused in the accident. Even minor damage requires the sharing of identifying information.
Unfortunately, many drivers sometimes try to get around this legal requirement. This can happen for many reasons, but usually include things like:
- Driving while intoxicated
- Drowsy driving
- Lack of a valid driver’s license
- On probation
- The accident involved you as a pedestrian
- They were driving with a suspended license
- The driver doesn’t have insurance
- Outstanding arrest warrants
Regardless of the reason for a hit and run, the actions you take after the accident become even more important.
What Can You Do After a California Hit and Run Accident?
Being in a hit and run accident can be a helpless situation. When you lack information about the other driver, filing an insurance claim against them becomes impossible. However, your primary concern should be ensuring safety and checking for injuries, both for yourself and any passengers. After addressing these needs, you can follow these steps:
- Prioritize your safety – After the accident, move to a safe location, such as pulling over to the side of the road or out of traffic.
- Check for injuries – Once in a safe place, assess yourself and any passengers for injuries and, if necessary, call for an ambulance to receive medical care.
- Notify the police – As with any accident involving injuries or damage, contact the police to investigate and create an official report. Be sure to inform them that the other driver left the scene.
- Remember as much as you can – Make an effort to recall information about the other driver and their vehicle, including color, make, model, and, if possible, take a picture of their license plate to aid in identification.
- Document the scene – Take as many photos and videos of the accident scene as possible. You may also want to gather contact information from witnesses and inquire if they have any photos or videos that could be helpful. This evidence will assist our lawyers in building a comprehensive understanding of the situation.
How Our Lawyers Can Help
Our legal team is here to support you during this challenging situation. Following their advice is essential. With our experience in dealing with insurance companies, we can provide guidance on the best steps to take, ensuring you receive the compensation you rightfully deserve. Generally, we can do that in the following ways:
- Insurance claims – We can help you navigate the complex world of insurance claims. Even in cases where the other driver is unidentified, we’ll work to maximize the results of your claim.
- Evidence gathering – Our lawyers will assist in collecting and preserving evidence from the scene, including witness statements and any available surveillance footage.
- Police interaction – We can work with law enforcement to aid in their investigation and ensure all necessary information is provided.
- Identifying the other driver – If possible, we’ll work on identifying the other driver using the information you provide, potentially leading to legal action against them.
- Legal action – If the hit and run driver remains unidentified, we can explore legal options, including filing a claim with your own insurance to cover damages and injuries.
- Negotiation – Our lawyers are skilled negotiators and can engage with insurance companies to secure the compensation you deserve.
- Filing a lawsuit – In cases where necessary, we’ll guide you through the process of filing a lawsuit against the responsible party.
Seeking Damages in a California Hit and Run Accident
Hit and run accidents are different from other car accidents because you might be responsible for paying all the medical bills and other costs, especially if you can’t find the other driver and figure out their insurance. Since you might have to cover these expenses yourself, it’s crucial to know what your auto insurance policy covers in hit and run situations.
Your recovery depends on your policy’s limits and coverage. Let’s go over some minimum coverage requirements for any California driver that can provide compensation:
- Uninsured Motorist (UM) coverage – California drivers are required to have at least $15,000 per person, $30,000 for multiple people, and a minimum of $5,000 per accident in UM property damage coverage. When dealing with a hit and run accident, the other driver is considered uninsured, so you can turn to your UM insurance for compensation.
- Collision coverage – This type of coverage pays for accidental damage to your vehicle, regardless of fault. It can be a bit more costly, but it covers damages to your car.
- Medical Payments (MedPay) coverage – MedPay can cover immediate medical expenses for you or your passengers, regardless of fault. The minimum limit is $1,000 for each injured person, but you can opt for higher limits.
If you don’t have auto insurance, you may have to rely on your health insurance for medical costs, but it won’t cover any damage to your vehicle. In a typical California hit and run claim, recoverable damages include:
- Past and future medical expenses
- Past and future lost earnings
- Pain and suffering
- Emotional distress
- Any permanent disfigurement or disability
- Loss of enjoyment of life
- Funeral and burial costs in the case of wrongful death, along with other substantial damages
While any accident can be physically and emotionally taxing, hit and run accidents are particularly devastating. The uncertainty surrounding these accidents can leave you feeling powerless, but our team will be there to stand by your side every step of the way if you choose to work with us.
Contact Maison Law After a California Hit and Run Accident
Across California, hit and run accidents pose a unique problem for victims. First and foremost, they have to deal with their injuries and other damages, which probably impact their daily life. In legal terms, a hit and run accident takes your right to hold the at-fault party accountable, but you’re not alone. At Maison Law, our team of California car accident lawyers are well-versed in these cases and know how to help you navigate it. Contact us today to set up a free consultation if you’ve been in a hit and run accident.
