A hit-and-run changes who pays and what you must do first. This guide covers those differences; for the rest of a crash claim, see our auto accidents page.
What happens after a hit-and-run, step by step?
- Get medical care and call 911. The 911 call often starts the police report.
- Report within 24 hours to the city police where the crash happened or, outside city limits, to the Sheriff or the CHP. This report is a condition of your uninsured motorist coverage.
- Tell your own insurer, and within 30 days after the report file a sworn statement that you have a claim against a driver who cannot be identified.
- The police investigate. If they identify the driver, the District Attorney decides whether to file charges.
- Your claims run in parallel: your uninsured motorist claim, a claim against the driver if found, restitution if the driver is convicted, and the state's victim compensation program as a last resort.
- Protect the two-year deadline for the uninsured motorist claim and for any lawsuit against the driver.
Is it a crime for a driver to leave an injury crash?
Yes. Under Vehicle Code section 20001, a driver involved in a crash that injures or kills another person must stop immediately, give their information and help the injured. A driver who leaves faces these penalties:
| Result of the crash | Possible punishment | Vehicle Code |
|---|---|---|
| Damage to property only | County jail for up to 6 months, or a fine of up to $1,000, or both | 20002(c) |
| Injury to another person | State prison, or county jail for up to 1 year, or a fine of $1,000 to $10,000, or both | 20001(b)(1) |
| Death, or permanent serious injury (the loss or permanent impairment of a body part or organ) | State prison for 2, 3 or 4 years, or county jail for 90 days to 1 year, or a fine of $1,000 to $10,000, or both | 20001(b)(2) and (d) |
The criminal case belongs to the District Attorney. Your claim for medical bills, lost pay and pain and suffering is separate and runs on its own deadlines, whether or not anyone is ever charged.
What must I do to keep my uninsured motorist coverage?
When the driver cannot be identified, California treats the car as uninsured, so your own uninsured motorist coverage can pay. Insurance Code section 11580.2 adds conditions that apply only to unknown drivers:
| When | What the law requires |
|---|---|
| At the crash | The injury must come from physical contact between the other car and you or the vehicle you were in. |
| Within 24 hours | You, or someone for you, reports the crash to the police of the city where it happened or, outside city limits, to the county Sheriff or the local CHP office. |
| Within 30 days after that | You file with your insurer a statement under oath that you have a claim against someone whose identity cannot be found, with the facts that support it. |
| Within 2 years of the crash | You sue the at-fault driver, reach an agreement with your insurer, or start arbitration by written notice sent by certified mail. |
Walking or cycling does not end the coverage. When the policy is in your name, it protects you, your spouse and relatives who live with you, whether they were in a car at the time "or otherwise." For a person hit on foot, our guide on whether your own car insurance helps after an uninsured driver hits a pedestrian explains who in a household is covered. Our guide on how uninsured and underinsured motorist coverage works covers limits and arbitration. Crashes on foot or by bike are the focus of our pedestrian and bicycle accidents page.
Where do I report a hit-and-run in Sonoma or Marin County?
Follow the same rule the insurance statute uses. Inside a city, report to that city's police department. Outside city limits, report to the county Sheriff or the CHP. In Marin County, the CHP's Marin Area office is in Corte Madera; our page on personal injury cases in Marin County lists it with the county's other offices. In Sonoma County, the CHP Santa Rosa Area office at 6100 LaBath Avenue in Rohnert Park serves most of the county, and the Sonoma Valley east of Trinity Road is served by the CHP's Napa Area office. In Cotati, where our office is, the Cotati Police Department answers its non-emergency line 24 hours a day; our page on injury cases in Cotati has its address and records process.
Ask for the report number. As a person named in the report as injured, you are entitled to the full report, for a fee no higher than the cost of the copy (Vehicle Code 20012). Our guide on how to get the crash report in Sonoma County lists each records office.
What if the police find the driver?
Then you can also bring a claim against the driver, and their insurer if they had one. A lawsuit for injuries must be filed within two years (Code of Civil Procedure 335.1). If the driver turns out to have no insurance, your uninsured motorist coverage still applies.
If the driver is convicted, the criminal court must order restitution to a victim who suffered an economic loss, such as medical expenses, mental health counseling and lost wages, and the order can be enforced like a civil judgment (Penal Code 1202.4). Money collected as restitution is credited against any civil judgment for the same losses. If the conviction is for a felony, a civil lawsuit based on it may be filed within one year after judgment is pronounced, unless a longer deadline applies (Code of Civil Procedure 340.3). Our guide to California personal injury deadlines explains how these clocks fit together.
Can the state's victim compensation program help?
It may. The California Victim Compensation Board helps with crime-related costs such as medical and dental treatment, mental health services, lost income, and funeral and burial expenses, within limits it sets. It is the payor of last resort: it pays after insurance, employer benefits and civil recoveries are used. An application is due within seven years of the crime, or later in some cases, and the Board may extend that time for good cause (Government Code 13953). Advocates at county victim witness assistance centers help people apply.
Most car crashes do not count as crimes for this program, but a hit-and-run does: the law makes an exception for an injury or death caused by a driver who fails to stop at the scene in violation of Vehicle Code 20001, and for crashes caused by a driver under the influence (Government Code 13955). The Board's customer service line is 800-777-9229.
How common are hit-and-run crashes here?
The California Office of Traffic Safety counts hit-and-run crashes with deaths or injuries and ranks each area, with 1 as the highest, or worst. Counties are ranked statewide and cities against others of similar size. The 2023 figures:
| Area (2023) | Hit-and-run crashes with deaths or injuries | Rank |
|---|---|---|
| Sonoma County | 126 | 27 of 58 counties |
| Marin County | 96 | 38 of 58 counties |
| Cotati | 3 | 6 of 74 cities with 2,501 to 10,000 people |
The Office of Traffic Safety says rankings are only indicators of possible problems. The county-wide picture, with the courts and claims offices, is on our page about personal injury cases in Sonoma County.
What changes the answer?
The other car never touched you. For an unknown driver, the uninsured motorist coverage requires physical contact between that car and you or your vehicle (Insurance Code 11580.2(b)). If a driver ran you off the road and vanished, that route may be closed, and finding the driver becomes more important.
Only your car was damaged. Leaving a property-damage crash is a separate misdemeanor (Vehicle Code 20002), and uninsured motorist coverage under section 11580.2 does not apply to property damage the insured suffers (subdivision (c)(1)).
The 24-hour report was late. The statute makes the report within 24 hours a condition for an unknown driver. Report as soon as you can, and explain the reason in writing.
The car that fled belonged to a government agency. A government-owned vehicle never counts as uninsured, so the claim goes to the agency, with a written claim due within six months. Our guide on crashes with a county vehicle, a public bus or a dangerous road explains how.
The driver was under the influence. A conviction for DUI for the crash keeps the victim's right to pain and suffering even if the victim was an uninsured owner (Civil Code 3333.4(c)), and DUI crashes also count for victim compensation (Government Code 13955).
Someone died. The family's claims, the coroner and the criminal case follow their own steps, covered in our guide on what happens after a fatal crash in Sonoma County.
What could this look like? An example
For example, imagine a man walking across a marked crosswalk in Petaluma one evening who is hit by a car that drives off. A bystander calls 911, and a Petaluma police officer takes the report at the hospital that night and gives his wife the report number.
The next week she calls his insurer, and within 30 days of the police report he signs and sends a sworn statement that the driver cannot be identified. Because he lives with his wife and the policy covers relatives "or otherwise," his uninsured motorist coverage applies even though he was on foot. Three months later the police identify the driver, who is charged; the claim against that driver must still be filed within two years of the crash. If the driver is convicted, restitution would be credited against any civil judgment for the same losses. This example is made up to show how the options fit together; it predicts nothing about a real case.
What mistakes do people make after a hit-and-run?
- Waiting more than 24 hours to report because the injury seemed minor.
- Telling the insurer by phone and never filing the sworn statement within 30 days.
- Assuming nothing can be done until the police find the driver.
- Repairing the car or bike before photographing paint transfer and broken parts.
- Waiting for the criminal case to end and letting the two-year deadline pass.
- Not asking nearby homes and businesses about video quickly; recordings may be kept for only a short time.
What should I do this week?
- Make sure the crash was reported within 24 hours to the right agency, and write down the report number.
- Photograph the damage to your car or bike, any paint or parts left behind, and your injuries.
- Write down what you remember about the other car: color, make, plate letters, direction of travel.
- Collect witness names and ask nearby businesses whether a camera recorded the crash.
- Tell your insurer, and file the sworn statement within 30 days of the report.
- Keep every medical record and bill.
The steps every crash shares, such as the DMV report, are in our guide to the first 30 days after a car accident in Sonoma County.
Frequently asked questions
Can I still claim if I was a passenger?
Yes, if a policy covers you. A person in the insured vehicle is covered while in it or getting in or out, and a household relative of the policyholder is covered "or otherwise" (Insurance Code 11580.2(b)).
Do I have to sue the driver who fled?
Not to use your uninsured motorist coverage. Within two years you can instead reach an agreement with your insurer or start arbitration by certified mail (Insurance Code 11580.2(i)).
Will restitution pay for my pain and suffering?
Restitution covers economic losses such as medical expenses, counseling and lost wages (Penal Code 1202.4). Pain and suffering is part of a civil claim, not restitution.
How long do I have to apply for victim compensation?
Generally seven years from the crime, with later deadlines in some cases, and the Board may extend the time for good cause (Government Code 13953).
What if the driver is found but has no insurance?
Your uninsured motorist coverage still applies, and you may also claim against the driver personally.
Can I get the report if the driver is never found?
Yes. As an injured person named in the report, you are entitled to it (Vehicle Code 20012).
If you or a loved one was hurt by a driver who fled, contact Young Law Group today at (707) 343-0556 or through our contact page to schedule your free consultation and learn how we can help.
Sources
- Vehicle Code section 20001 (duty to stop, and penalties for leaving an injury crash)
- Vehicle Code section 20002 (leaving a crash that damaged only property)
- Insurance Code section 11580.2 (uninsured motorist coverage and hit-and-run conditions)
- Civil Code section 3333.4 (uninsured drivers and non-economic losses; the DUI exception)
- Vehicle Code section 20012 (who may get a crash report)
- Code of Civil Procedure section 335.1 (two years for injury)
- Penal Code section 1202.4 (restitution to crime victims)
- Code of Civil Procedure section 340.3 (lawsuits after a felony conviction)
- Government Code section 13953 (time to apply for victim compensation)
- Government Code section 13955 (who may receive victim compensation)
- California Victim Compensation Board: for victims
- California Highway Patrol: Santa Rosa Area office
- City of Cotati: Police Department
- California Office of Traffic Safety: Sonoma County crash rankings, 2023
- California Office of Traffic Safety: Marin County crash rankings, 2023
- California Office of Traffic Safety: Cotati crash rankings, 2023
- California Office of Traffic Safety: how the crash rankings work
