Hit-and-run accidents leave injured parties uncertain about potential legal steps for pursuing compensation. State statutes and local ordinances determine possible actions following these crashes, in which a driver departs without exchanging information or rendering aid. Although the driver might not stop or ever be caught, you might have options for making claims.
What Steps Should I Take Immediately After a Hit-And-Run?
After a driver hits your vehicle and drives away, it is important to remain calm and confirm safety at the scene. If possible, move your vehicle out of traffic to prevent further harm. Note any details about the fleeing vehicle, including make, model, color, and partial plate number. If there are witnesses, obtain their names and contact information. Photograph damage to your car and the surrounding road conditions.
Notify local law enforcement by calling 911 or the San Bernardino County Sheriff’s Department non-emergency line. Prompt reporting creates an official record that may support criminal charges and insurance claims. Even if you believe there are no injuries, visit a physician for an evaluation as soon as possible. You might have an internal injury that you cannot detect; medical documentation is also important for insurance claims.
What Criminal Charges Could the Driver Face?
Under California law, leaving the scene of an accident involving only property damage constitutes a misdemeanor punishable by up to six months in county jail and fines ranging from $1,000 to $10,000.
If the collision results in a serious, permanent injury or death, the offender might be sent to state prison for up to four years or put in a county jail for 90 days to a year. The fine is similar.
When law enforcement secures sufficient evidence—such as witness testimony, surveillance footage, or vehicle debris—the district attorney may file charges against the responsible party once identified.
How Can Insurance Offer Relief After a Hit-And-Run?
Motorists who carry uninsured motorist coverage may receive benefits when the at-fault driver cannot be located. Hit-and-run coverage, often part of a collision package, applies to damage caused by a fleeing motorist.
Policyholders must report the incident to their insurer promptly (typically within thirty days of the accident) and supply police reports and documented repair estimates. In some cases, property damage coverage without a deductible applies. Drivers should review their declarations page to confirm applicable deductibles and coverage limits before initiating a claim.
What Civil Actions Can I Pursue Against a Hit-And-Run Driver?
If law enforcement identifies the fleeing motorist, a civil action for negligence may proceed in small claims or superior court, depending on the amount of damages. That compensation may include medical expenses, lost wages, pain and suffering, and repair costs.
When the at-fault party lacks insurance or assets, an injured party may seek recovery under uninsured motorist provisions. That process involves arbitration if the policy mandates it. In fatal incidents, wrongful death claims may arise, allowing surviving family members to seek compensation for loss of financial support and emotional distress.
What Time Limits Apply to Filing a Claim in Victorville?
Personal injury actions generally must be filed within two years of the date of the collision. For property damage only, a three-year period applies under California Code of Civil Procedure Section 338.
Missing these deadlines typically bars a court from hearing the claim. Insurers may impose earlier notification requirements, but those do not shorten the statutory filing period. We recommend reading your policy carefully, familiarizing yourself with state laws, and contacting our Victorville legal team to preserve your rights before any time limit expires.
Victorville Car Accident Lawyers at Lerner, Moore, Silva, Cunningham & Rubel Advise Clients Injured in Hit-and-Run Crashes
Our Victorville car accident lawyers at Lerner, Moore, Silva, Cunningham & Rubel can review the facts of a hit-and-run collision involving your vehicle. For a free consultation, call 909-889-1131 or complete our online form. Located in Ontario and Victorville, California, we serve clients in San Bernardino County, Hesperia, Apple Valley, Fontana, Rancho Cucamonga, Colton, and Riverside County.


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