Hit-and-Run Automobile Accidents
Hit and run is a serious crime that has equally serious consequences. Drivers must remain at the scene and provide necessary information to the police officer. More importantly, they must also provide assistance to anyone who is injured or call 911. However, a driver leaving an accident requires us to pursue justice for our clients.
Ventura County Hit-and-Run Accident Lawyer
Any type of car accident is traumatic. Our focus is on employing strategies to maximize compensation. In hit-and-run accidents, we pursue claims against our clients’ own insurance provider. Uninsured motorist coverage provides a possible source of compensation from their own insurance provider.
Regardless of the steps we take to provide peace of mind, we are dedicated and passionate in our efforts toward maximizing compensation. We pride ourselves on our unwavering drive to fight for your future.
How Uninsured Motorist Coverage Works In A Hit-and-Run
This is the part most people do not know, and it changes what a hit-and-run means for an injured person.
Uninsured motorist coverage is on your own policy, and in California it generally applies to a hit-and-run as well as to a driver who simply has no insurance. It is not a claim against the fleeing driver. It is a claim under coverage you already paid for, and using it is not the same as being at fault.
These claims do carry their own requirements. Insurers typically expect the incident to have been reported promptly to law enforcement, and uninsured motorist claims are governed by the terms of your policy rather than by the ordinary injury deadline. Policies commonly impose their own, shorter time limits for making a claim or demanding arbitration, which is why a hit-and-run should not be left to sit.
What To Do After A Hit-and-Run
When it is safe to do so:
Call 911 and make sure a police report is created. This matters more here than in an ordinary collision, because the report is often a condition of coverage.
Write down anything you remember about the vehicle, even partial details, such as colour, make, damage or a fragment of the plate.
Photograph the scene, your vehicle and your injuries.
Look for cameras. Businesses, homes, doorbell cameras and traffic cameras near the scene may have captured the vehicle, and that footage is usually overwritten within weeks.
Get medical attention and notify your own insurer promptly.
The Driver May Still Be Identified
Fleeing drivers are found more often than people expect. Camera footage, paint transfer and vehicle debris, body shop records and witness accounts all contribute, and an investigation that begins quickly has far better prospects than one that begins months later.
If the driver is identified, a claim against them may be available alongside or instead of the uninsured motorist route.
The Criminal Case Is Separate
Hit and run is a crime, and a prosecution may follow. That is a separate matter from your compensation. A criminal case does not pay your medical bills or your lost income, and your civil claim does not depend on whether the driver is caught, charged or convicted.
Deadlines
A personal injury lawsuit generally must be filed within two years under California Code of Civil Procedure section 335.1. An uninsured motorist claim is a separate matter governed by your policy, and those terms frequently impose shorter deadlines of their own. Where a public entity is involved, a written claim is generally required within six months.
Frequently Asked Questions
The driver was never found. Do I have any claim?
Often yes. Uninsured motorist coverage on your own policy generally applies to hit-and-run collisions in California.
Will making an uninsured motorist claim count against me?
It is a claim under coverage you already pay for, in a situation where you were not the one who left. California restricts insurers from surcharging drivers for not-at-fault claims, though how that applies depends on your policy.
Do I have to report it to the police?
You should, and promptly. Insurers commonly expect a prompt report to law enforcement as a condition of uninsured motorist coverage in a hit-and-run.
I only got a partial plate. Is that useless?
No. A partial plate combined with a vehicle description, damage pattern or camera footage is frequently enough to identify a vehicle.
How do I know whether I have this coverage?
It appears on your policy declarations page. Many California drivers carry it without being aware of it, so it is worth having reviewed before concluding there is no recovery.
What if the driver is caught later?
A claim against the driver may then be available, potentially alongside the uninsured motorist claim, depending on their insurance and the circumstances.
How long do I have?
Generally two years for an injury lawsuit under Code of Civil Procedure section 335.1, but an uninsured motorist claim follows your policy terms, which often run shorter.