In 2023, the California Office of Traffic Safety (OTS) reported 7,398 hit and run incidents in Los Angeles County and 1,286 in Orange County that resulted in serious injuries or fatalities. If you were injured in a hit and run accident, specifically in Los Angeles, see our detailed guide: Hit and Run Accident in Los Angeles.
Given the high number of hit and run incidents causing serious injuries in our communities, you might be wondering how to seek justice if you’ve been injured in one. Even if the driver responsible for your injuries remains unknown, there are still options available to pursue compensation.
Can I File a Claim for a Hit and Run Accident?
In a hit and run accident, the at-fault driver often flees the scene to avoid responsibility for the crash. This can complicate efforts to hold them accountable, but there are still legal avenues available for victims to recover compensation for medical bills, lost wages, and pain and suffering.
Here’s some things to note about filing a claim for a hit and run injury:
- Uninsured Motorist Coverage (UM):
If you have UM coverage on your auto insurance, you can file a claim through your own policy. UM coverage protects you when the at-fault driver doesn’t have insurance or cannot be identified.
Important: California requires physical contact between the fleeing vehicle and your car for a UM hit and run claim. If you swerved to avoid a hit and crashed without contact, you’ll need an independent witness to corroborate the incident.
- Evidence is Key:
To strengthen your claim, you’ll need proof that another driver caused the accident. This can include witness statements, photos, or police reports.
- Statute of Limitation For Filing a Claim:
In California, you have two years to file a personal injury claim. Delaying your claim can negatively impact your case by making it harder to gather evidence, weakening witness testimonies, and giving insurance companies a reason to dispute your claim.
Don’t risk delaying your case! If you were injured in a hit and run accident in California and are unsure whether you can file a claim, reach out to El Dabe Ritter Trial Lawyers for a free consultation. We’ll review your case and explain your options. Don’t wait – call us today!
What to Do After a Hit and Run Accident
Knowing how to respond after a hit-and-run accident is crucial to protecting your safety, rights, and ability to seek compensation. Follow these steps to strengthen your claim:
- Stay Safe:
Move to a safe area, if possible, and check for injuries. Your safety is the priority.
- Call 911 Immediately:
Report the accident immediately. A police report can document the incident and support your claim.
- Gather Evidence:
- Take pictures of the scene, your injuries, and motor vehicle damage.
- Check for nearby surveillance cameras that might have captured the accident.
- Try to remember or record the hit and run vehicle’s license plate number.
- Exchange information with any witnesses.
- Seek Medical Attention:
Even if your injuries seem minor, see a doctor. Some injuries may not appear right away, and medical records will support your claim.
- Notify Your Insurance Company:
Report the accident to your insurance provider and let them know it was a hit and run.
- Consider Consulting with a Personal Injury Attorney
An experienced personal injury attorney can help you protect your rights and gather the evidence to get you the compensation you deserve.
Penalties for a Hit and Run in California
In California, leaving the scene of an accident can lead to serious penalties. If only property damage is involved, the driver may face misdemeanor hit and run charges and fines up to $1,000 with up to six months in county jail.
For accidents involving injuries or death, the penalties are more severe, often classified as a felony hit and run. These can include fines up to $10,000 and jail or prison time ranging from one year to four years, depending on the severity. A conviction may also result in a suspended driver’s license.
While these penalties punish the driver, they don’t compensate the victim. Filing a personal injury claim can help you recover costs for medical bills and lost wages. Contact us for a free consultation to discuss your case!
Who Pays for Injuries Caused by a Hit and Run Accident?
After a hit and run, you may be wondering who will pay for your injuries. Several options are available to help cover your damages:
- Your Uninsured Motorist (UM) Coverage:
UM coverage can pay for medical bills, lost wages, and other damages when the at-fault driver is unknown.
- Your Health Insurance:
Your health insurance may cover medical costs, providing immediate relief for your expenses. However, be aware that your health insurance provider might seek reimbursement from your compensation settlement through a process called subrogation.
- The Driver (If Found):
If the driver is identified, their insurance may cover your injuries, or you can file a lawsuit for damages.
- State Fund Programs:
California offers state programs that may assist with medical expenses if the driver is not found, though they have specific requirements.
To explore your specific options for your case and get the compensation you deserve, contact our Los Angeles hit and run accident attorney for a free consultation!
Challenges in Filing a Hit and Run Claim
Filing a claim after a hit and run can be more difficult than other types of accidents because of the unknown nature of the at-fault driver. Here are some challenges you may face:
- Proving Fault: Without knowing the identity of the driver, proving fault can be tricky. Even though you may have evidence such as witness statements or surveillance footage, it can still be challenging to connect it to the hit and run driver.
- Dealing with Insurance Companies: Insurance companies may be reluctant to pay out, especially when the responsible party isn’t found. You might face delays, low offers, or even outright denials of your claim.
- Limited Coverage: If the at-fault driver is never identified, you’ll rely on your own insurance policy, particularly your Uninsured Motorist (UM) coverage. However, not all policies offer adequate coverage, and some may have restrictions that limit your compensation.
How a Personal Injury Attorney Can Help Your Hit and Run Claim
Filing a claim after a hit and run can be complex, but a personal injury attorney can help you navigate the process. Our Los Angeles car accident lawyers have over two decades of experience handling hit and run claims across Southern California.
Here’s how we can assist:
- Help Gather Evidence: Attorneys collect the proof needed to strengthen your claim, including police reports, medical records, and witness statements.
- Handle All Communications: They manage interactions with insurance companies, ensuring your rights are protected.
- Negotiate for Maximum Compensation: Experienced attorneys advocate for the best settlement possible, ensuring you receive fair compensation for your injuries, lost wages, and pain and suffering.
- Defend Your Rights: Lawyers work to protect you from unfair insurance tactics or liability shifts.
- Meet Legal Deadlines: They ensure your claim is filed on time to avoid issues with California’s statute of limitations.
FAQs About Hit and Run Injury Claims
Can I still file a claim if I didn’t get the license plate number?
Yes. You can successfully pursue a hit and run accident claim in California even if the driver’s license plate remains unknown. Under California law, your Uninsured Motorist (UM) coverage provides a critical safety net for these exact scenarios.
To qualify for compensation, you must prove “physical contact” occurred and report the crash to the police within 24 hours. You may be able to strengthen your claim by gathering external evidence like witness statements, dashcam recordings, or surveillance footage from nearby businesses. Documenting vehicle debris and paint transfer is also essential for proving the unidentified driver’s liability.
What if I wasn’t driving but was injured as a passenger or pedestrian?
If you were a pedestrian or passenger injured in a hit and run accident in California, you still have legal options for recovery. Victims can often file a claim through their own uninsured motorist (UM) policy, even if they weren’t behind the wheel. If you were a passenger, the driver’s insurance may also provide coverage.
Navigating these claims requires proving the driver’s negligence and documenting the scene thoroughly. Consulting an experienced California personal injury attorney is vital to identifying all available insurance policies and securing maximum compensation for your medical expenses.
How long does it take to resolve a hit and run claim?
The duration of a hit and run accident claim in California depends heavily on the clarity of evidence and the extent of your injuries. Typically, straightforward UM claims involving clear-cut evidence and minor medical care are settled within 3 to 6 months.
Conversely, complex injury disputes involving long-term treatment or liability disagreements often require 12 to 18 months to resolve. Factors such as locating the hit-and-run driver or negotiating with insurance adjusters can shift these timelines. A California personal injury specialist ensures your claim stays on track while bypassing unnecessary insurance delays.
What if I don’t have Uninsured Motorist (UM) coverage?
If you lack uninsured motorist coverage, recovering compensation for a hit and run accident in California is more challenging but not impossible. You may utilize your med-pay coverage or private health insurance to manage immediate medical bills. If the fleeing driver is eventually identified, you can file a third-party claim against their liability policy or pursue a personal injury lawsuit.
Additionally, collision coverage can help pay for vehicle repairs. Consulting a California car accident lawyer is essential to investigate alternative recovery avenues and ensure you aren’t left paying for another’s negligence.
Don’t Let a Hit and Run Case Go Unaddressed
If you were injured in a hit and run accident, don’t wait to get the help you need. Let our experienced personal injury attorneys guide you through the complexities of your hit and run injury claim. Our team has over two decades of experience helping injured victims recover the compensation they deserve.
Contact El Dabe Ritter Trial Lawyers today for a free case evaluation!
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