In a California hit-and-run where the fleeing driver can’t be found, you can still receive compensation for your damages using different insurance coverage. Typically, the at-fault driver’s insurance should cover the damage costs, but if it isn’t possible to file a claim against them, your lawyer can assess the insurance coverage you have and determine the best legal option for you.
If you can’t locate the hit-and-run driver in a crash resulting in your injuries, this article will help you understand your options to secure compensation and what to do to protect your legal rights.
What to Do When Involved in a Hit-and-Run
Being in a hit-and-run can be stressful, especially when the other driver flees the scene. Here’s a simple guide on what to do if this happens to you:
- Stay Calm and Make Sure You’re Safe: Your safety and that of your passengers is the priority. Move your car to a safe spot away from traffic and turn on your hazard lights to warn other drivers.
- Call the Police: As soon as possible, call the police to report the accident. Try to give them as many details as you remember about the car that left the scene, such as the vehicle’s make, model, color, and any part of the license plate.
- Get Medical Help: Even if you feel fine after the crash, seeing a doctor is a good idea. Some injuries might not be apparent right away. It’s also crucial to record any injuries for possible compensation claims later on.
- Collect Evidence: If you can, collect evidence at the scene, such as photos of your vehicle, the area around the accident, and any damage. If there are bystanders who saw what happened, ask for their contact details and any accounts they can share.
- Talk to a Hit-and-Run Lawyer: A personal injury lawyer can manage your case, guide you through the legal process, gather evidence, and ensure your rights are protected.
Following these steps can significantly improve your chances of recovering physically and financially from a hit-and-run.
Do Police Investigate Hit and Runs in California?
Yes, police in California actively investigate hit-and-run accidents. Usually, a hit-and-run investigation starts after the incident occurs. When law enforcement arrives at the scene, they gather any evidence they can find. If they can’t identify the driver right away, they’ll broaden their investigation to look for more clues, including:
- Surveillance or CCTV footage from nearby areas
- Statements from witnesses at nearby businesses or establishments
- Inquiries with local hospitals or clinics to check for patients who might have been involved in the accident.
Usually, these types of evidence can point out to the at-fault driver. You can file a case against them to receive compensation for your damages if located.
How Many Hit-and-Run Cases Are Resolved?
Did you know that in 2022, there were 2,932 fatalities in traffic accidents involving hit-and-run drivers, a 0.5% increase from the 2,917 deaths recorded in 2021? According to the National Highway Traffic Safety Administration, among the 7,522 pedestrian fatalities that year, 1,910 (25%) were the result of hit-and-run incidents. Additionally, 265 out of 1,105 bicyclist fatalities (24%) were linked to hit-and-run crashes.
With the rising number of hit-and-run accidents in the United States, you may ask, “How many hit-and-run cases are resolved?” Unfortunately, in 2017, the Los Angeles Police Department reported that only 8% of all hit-and-run cases in the city were solved. Of those cases, prosecutors pursued charges in 73%. The majority of hit-and-run incidents involved only property damage. In 2016, 12% of reported hit-and-runs were solved, with prosecutors filing charges in 63% of those cases.
This is why obtaining evidence at the scene is crucial. It can become an instrument to identify the driver, locate them, and hold them accountable for their actions.
Can I Sue a Hit-and-Run Driver?
In an ideal situation, you can sue the hit-and-run driver if they are identified and located. By filing a personal injury case, you can recover compensation for medical bills, property damage, lost wages, and the physical and emotional suffering you’ve experienced due to the crash.
When filing a personal injury claim, you must prove the driver’s negligence or wrongful actions that directly caused the accident. Negligence is when a person doesn’t take the necessary care that a reasonable individual would show in a similar situation.
Moreover, if their negligence results in an accident and injuries to other involved individuals, they are liable for any damages from that negligence.
For example, if a hit-and-run driver speeds and hits you, their speeding is considered negligent because a reasonable person wouldn’t drive recklessly and endanger themselves and others. If this careless driving leads to an accident, the driver may be liable for the expenses related to your injuries.
In general, negligence in an accident can be evaluated based on four key points:
- The driver had a duty to keep everyone safe.
- The driver did not meet this obligation, putting others at risk.
- Their actions directly caused the accident.
- The accident resulted in damages or injuries.
Note that while you have the right to seek compensation, you may not be able to get it if you don’t have enough proof to show the driver’s negligence. This is why collecting strong evidence is essential when filing a claim after a car accident.
What Evidence Is Needed to Convict a Hit-And-Run in California?
To convict a hit-and-run driver in California, law enforcement must gather enough evidence to establish the driver’s identity and their connection to the accident. Essential types of evidence that can be utilized include:
- Eyewitness Testimonies: Accounts from individuals who observed the accident can assist in identifying the vehicle and the driver or provide specifics about the incident.
- Surveillance Footage: Video evidence from traffic cameras or recordings from nearby businesses and residences can capture the event or document the fleeing vehicle.
- Physical Evidence: Items like vehicle debris, paint marks, tire tracks, or other materials found at the scene can potentially link to the suspect’s vehicle.
- Vehicle Identification: A partial license plate number can help law enforcement locate the car involved in a hit-and-run.
- Medical Records: If the hit-and-run driver received medical treatment for injuries, those records could establish a connection to the accident.
Having evidence is crucial in establishing your case and locating the driver. But what happens if your injuries refrain you from gathering proof at the scene? This is where hit-and-run lawyers come in. They can assess the situation, use their resources to collect evidence, locate the driver, and prove liability for you to receive the compensation you deserve.
Can I Be Compensated When the Hit-and-Run Driver Isn’t Found?
If you are working with an injury attorney, you know that you can be compensated even if the hit-and-run driver isn’t located. A good lawyer can help you explore different insurance policies to get the compensation you deserve for your injuries and damages. Here are some of the insurance options that can cover your damages:
Uninsured Motorist (UM) Coverage
Your hit-and-run attorney will review your insurance policy to see if you have UM coverage. This coverage type is helpful in situations like hit-and-runs where the at-fault driver doesn’t have insurance. With UM coverage, you can turn to your policy to cover your losses. Typically, UM insurance can cover the following:
- Bodily Injury: UM coverage can help cover medical expenses, lost wages, pain and suffering, and other related costs resulting from your injuries caused by the uninsured driver.
- Property Damage: This coverage can also pay for the repair or replacement of any belongings damaged in the accident caused by the uninsured motorist.
Collision Coverage
Collision coverage helps cover the costs of repairing or replacing your vehicle after a car accident, no matter who was at fault. Fortunately, you can use this if you’re involved in a hit-and-run accident in California. Here are some situations where collision coverage is applicable:
- Accidents where you hit something on the road, like a telephone pole or another object.
- Crashes involving other vehicles.
- Hit-and-run incidents.
- Accidents that occur while your car is parked.
However, there are some scenarios in which you wouldn’t be able to use your collision coverage, such as when you hit an animal or sustain damage from unexpected events, like running into a falling branch or tree.
Health Insurance, Personal Injury Protection and Medical Payment
If you don’t have UM or collision coverage, you still have options for covering your injury expenses after a pedestrian accident. You can use your health insurance or Medical Payments coverage for this purpose.
Accident victims often use their health insurance to pay medical bills and then consider filing a lawsuit against the driver responsible for the accident to recoup those costs once they’ve recovered. However, some risks are involved since you may incur extra expenses if the at-fault driver’s insurance doesn’t cover everything.
Three types of insurance can help cover injuries a pedestrian might suffer in an accident:
- Health Insurance: As long as you have health insurance, it can cover your medical expenses regardless of who’s at fault.
- Personal Injury Protection (PIP): PIP is an extensive coverage that pays for medical and other accident-related expenses for the policyholder and passengers, regardless of who is at fault. PIP not only covers medical costs but also typically includes lost wages, funeral expenses, and various non-economic damages resulting from the accident.
- Medical Payments (MedPay): MedPay is an optional insurance type that assists in covering medical expenses for injuries sustained in a car accident, regardless of who is responsible.
Remember that, similar to pursuing cases against at-fault drivers, you’ll typically need to provide enough evidence to show that the hit-and-run driver was at fault when filing a case against your insurance provider. A skilled hit-and-run attorney can help collect the necessary proof to establish the driver’s liability and guide you on how to make the most of these insurance coverages.
How Can a California Hit-and-Run Lawyer Prove My Case?
Being in a hit-and-run accident in California can be overwhelming. Apart from locating the driver, you must collect evidence to support your case and negotiate settlements while recovering from your injuries.
Here is where our California hit-and-run lawyer becomes beneficial. As car accident attorneys, our goal is to simplify the legal process and minimize your stress. We’ll take care of everything from gathering evidence to negotiating with insurance companies, allowing you to focus on what truly matters—your recovery. Here’s how our rear-end accident lawyers can assist you:
- Case Review: One of our team members will evaluate your case to determine how we can help. You’ll have the opportunity to experience our approach and decide if we’re the right fit for you with no strings attached.
- Accident Investigation: We’ll collect all the necessary evidence to build a solid case, including medical records, police reports, and photos from the accident scene. While your testimony is vital, we’ll also gather additional evidence to support your claim.
- Paperwork Management: We’ll handle all the paperwork and legal formalities on your behalf. This includes notifying the liable party and the court, submitting evidence to the judge, and filing any other required documents.
- Compensation Advocacy: Don’t rush into signing anything! If an insurance company presents a settlement offer, ask us to review it before you agree. We’ll ensure it’s fair, and you don’t waive any rights.
- Negotiation: If the insurance company’s offer isn’t fair, we’ll negotiate on your behalf until we reach a satisfactory settlement. We’re prepared to take your case to court if negotiations fail. We’ll be your advocates every step of the way.
Don’t let the legal process add to your stress and anxiety. Let us manage your case and secure the settlement you need to move forward with your life. We’re here to help. Contact us at 800-500-000 for free consultations.
Hear From Our Past Clients
While many law firms make similar claims, we deliver genuine results for our clients. We’re proud of our work and invite satisfied clients to share their stories, proving our commitment to excellence.
“I am blessed to have a great case manager. She has helped me from day one. My questions have been answered promptly and efficiently. She has been such a big help with all my questions. She gets back to me promptly whenever I reach out to her with a question. She is an asset to her Company. I would definitely recommend your law firm. Thank you for all your help, Marisol.”—Juan S.
Frequently Asked Questions
Do you have further questions regarding car accident claims? We got you! Here are some frequently asked questions from injured auto accident victims that may help explain some aspects of your case.
- Who Is Liable in a Single-Car Accident?
- Is Eating While Driving Considered Negligence in California?
- How to Handle Police Questions in a California Car Accident
- How Can Delays in Medical Treatment Affect My California Personal Injury Case?
Works Cited
Gazzar, Brenda. “LAPD solved only 8 percent of hit-and-runs last year. Here’s why it’s so hard.” Los Angeles Daily News, 3 June 2018. Accessed 22 October 2024.
“Traffic Safety Fact Research Note: Overview of Motor Vehicle Traffic Crashes in 2022.” CrashStats – NHTSA. Accessed 22 October 2024.
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