Daniel Petrov | September 2, 2026 | California Law, Car Accident, Personal Injury

If you were just in a hit and run accident in California, call 911, stay at the scene, and contact an attorney before you speak to any insurance company. You can still recover compensation even if the other driver is never found. California law requires all auto insurance policies to include uninsured motorist coverage that applies specifically to hit and run situations.

If you were just in a hit and run accident in California, call 911, stay at the scene, gather as much information as possible, and contact an attorney before you speak to any insurance company. You can still recover compensation even if the other driver is never identified. 

California law requires insurers to provide uninsured motorist coverage that applies specifically to hit and run situations. At Petrov Personal Injury Lawyers, Daniel Petrov has helped hit and run victims across San Diego County navigate exactly this situation and recover the compensation they are owed.

Immediate Steps to Take After a Hit and Run Accident in California

The actions you take in the first few minutes after a hit and run directly affect your ability to make a successful claim. Here is what to do in order.

1. Stay at the Scene and Call 911

Do not chase the other driver. Stay where you are, check yourself and any passengers for injuries, and call 911 immediately. A police report is essential for a hit and run claim. Without it, your insurance company may have grounds to dispute your claim entirely.

2. Gather as Much Information as Possible

Even partial information about the fleeing vehicle can make a significant difference in your case. Try to note or photograph:

• The license plate number, even a partial plate
• The make, model, and color of the vehicle
• The direction the vehicle fled
• Any distinguishing features such as damage, decals, or modifications

3. Look for Witnesses and Surveillance Cameras

Speak to anyone who witnessed the accident before they leave the scene. Get their names and contact information. Also, scan the area for surveillance cameras on nearby businesses, traffic signals, or parking lots. This footage can be critical evidence, but it is often overwritten within 24 to 72 hours, so your attorney can move quickly to preserve it.

4. Document Everything

Photograph your vehicle, any injuries, the road conditions, skid marks, and the surrounding area. If you are too injured to do this yourself, ask someone at the scene to help.

5. Seek Medical Attention Immediately

Even if you feel fine, see a doctor as soon as possible. Adrenaline can mask pain, and injuries like traumatic brain injuries and internal bleeding may not be immediately apparent. A prompt medical evaluation also creates a documented record that connects your injuries to the accident.

6. Report the Hit and Run Accident to Your California Insurance Company

Notify your insurer that you were involved in a hit and run. Do not give a recorded statement or accept any settlement offer before speaking with an attorney. Insurance companies are not on your side; even your own insurer’s interests do not always align with yours.

If you have been injured in a hit and run accident in San Diego County, contact Petrov Personal Injury Lawyers for a free consultation. We will tell you exactly where you stand and what your options are.

What California Law Says About Hit and Run Accidents

The Legal Obligation to Stop

Under California Vehicle Code Section 20001, any driver involved in an accident resulting in injury or death is legally required to stop immediately at the scene and fulfill their duties under Sections 20003 and 20004, which require them to provide their information and render reasonable assistance to anyone injured. 

Leaving the scene of an accident is a criminal offense in California. If the accident involved injury or death, fleeing the scene is a felony carrying up to four years in state prison. If the accident involved property damage only, leaving the scene is a misdemeanor punishable by up to six months in county jail and a fine of up to $1,000.

The fact that the other driver violated this statute strengthens your civil claim significantly if they are identified. If they are not identified, California’s uninsured motorist laws still protect you.

Can You Still Get Compensation If the Driver Is Never Found?

Yes. This is one of the most important things hit and run victims need to understand. California law requires all auto insurance policies to include uninsured motorist coverage under California Insurance Code Section 11580.2. This coverage applies when the at-fault driver cannot be identified, which is exactly the situation in most hit and run cases.

What Uninsured Motorist Coverage Pays For

Who pays for an uninsured car accident? Your own built-in uninsured motorist coverage can compensate you for:

• Medical bills and future treatment costs
• Lost wages and diminished earning capacity
• Pain and suffering
• Emotional distress

The Catch: Your Own Insurer May Fight Your Claim

Insurance companies handle uninsured motorist claims very differently from standard third-party claims. Because you are filing against your own policy, adjusters may pressure you to settle quickly and for less than your claim is worth. 

What many victims do not expect is that their own insurer will look for every possible reason to reduce or deny the payout. Common arguments insurers use in hit and run cases include:

• Disputing whether another vehicle was involved: Without witnesses or surveillance footage, adjusters may claim the damage was self-inflicted or caused by something other than a collision
• Arguing you were partly at fault: Under California’s pure comparative negligence standard, even a small fault assignment reduces your total compensation, so insurers may claim you were speeding, failed to take evasive action, or were otherwise inattentive
• Challenging the severity of your injuries: Adjusters may argue your injuries are pre-existing, exaggerated, or unrelated to the accident
• Delaying the claims process: Prolonged delays are a pressure tactic designed to push you toward accepting a lower settlement out of financial desperation
• Requesting excessive documentation: Repeated requests for additional records are used to slow your claim and create opportunities to find inconsistencies

Talk to a San Diego Hit and Run Accident Lawyer Today

Hit and run victims are left dealing with injuries, vehicle damage, and a claims process that was designed to favor insurers, not people. The driver who hit you broke the law and left. You should not have to fight alone to recover what you are owed. 

Petrov Personal Injury Lawyers handles hit and run accident cases in Vista, San Diego, Carlsbad, Escondido, El Cajon, San Marcos, and throughout San Diego County. Call us now for a free consultation and find out exactly what you are owed.

Frequently Asked Questions About What to Do After a Hit and Run in California

1. Can I make a claim if the hit and run driver is never found? 

Yes. California law requires auto insurance policies to include uninsured motorist coverage under California Insurance Code Section 11580.2, which applies specifically to hit and run situations where the at-fault driver cannot be identified. Contact Petrov Personal Injury Lawyers to find out how to file an uninsured motorist claim after a hit and run in San Diego County.

2. What information should I try to collect at the scene of a hit and run? 

Get as much detail as possible about the fleeing vehicle (license plate number, make, model, color, and direction of travel). Look for witnesses and ask for their contact information. Scan the area for surveillance cameras on nearby businesses or traffic signals. Photograph your vehicle, your injuries, and the surrounding scene.

3. Do I need a police report for a hit and run claim in California? 

Yes, and it is critical. A police report creates an official record of the incident and is typically required by your insurance company to process an uninsured motorist claim. Call 911 immediately after the accident, even if your injuries seem minor. Without a police report, your insurer may have grounds to dispute your claim.

4. How long do I have to file a hit and run claim in California? 

You generally have two years from the date of the accident under California Code of Civil Procedure Section 335.1. However, uninsured motorist claims may have shorter contractual deadlines set by your own insurance policy.

5. Will my insurance rates go up if I file a hit and run claim? 

This varies by insurer and policy. In many cases filing an uninsured motorist claim after a hit and run does not raise your rates because you were not at fault, but a car accident attorney can advise you on how to handle the claims process in a way that protects both your compensation and your policy.

6. What if the hit and run driver is found later? 

If the driver is identified after you have already filed an uninsured motorist claim, the case may shift to a direct claim against that driver and their insurer. Any compensation already recovered through your uninsured motorist coverage may need to be reconciled. An attorney can manage this process and make sure you are not left with less than you are owed.

7. Can I sue the hit and run driver if they are identified? 

Yes. If the driver is identified, you can file a personal injury claim directly against them and their insurance company. A hit and run is a criminal offense, and the fact that the driver fled the scene is powerful evidence of negligence in a civil claim. See our case results to get a sense of what we have recovered for car accident clients across San Diego County.

8. Should I talk to the insurance company before hiring a lawyer? 

No. Do not give a recorded statement or accept any settlement offer before speaking with an attorney, including to your own insurer. Insurance adjusters are trained to minimize payouts, and anything you say can be used to reduce your claim.