Suffering an accident is already stressful enough, but when the other person flees the scene, the situation becomes even worse. Emotionally, symbolically, and factually, it feels terribly unfair. But technically speaking, what is a hit and run? It is essentially an accident in which the responsible driver leaves the scene without stopping. Under California law, all drivers involved in an accident are required to stop, provide identification and contact information, and, if anyone is injured, offer reasonable assistance such as calling for medical help.
Legally, a hit and run can be charged in two ways. If only property is damaged, it is treated as a misdemeanor. If the accident causes injury or death, however, it may be prosecuted as a felony, carrying far more severe penalties.
If you or a loved one suffered this kind of accident, it is very natural to wonder whether you can get compensation. And if so, how can you do that, considering the other person left? We’ll cover that and many other aspects of hit and run in California: your alternatives as a victim, and how our hit and run accident attorneys can help. You can also schedule a free consultation to evaluate your case by calling (866) 359-0807.
What is a Hit and Run in California? A 2025 Update
In California, a “hit and run” happens when a driver is involved in an accident but leaves the scene without stopping, providing their information, or assisting others who may be injured. The law makes a distinction between cases involving property damage only and those involving injury or death.
Misdemeanor Hit and Run – Vehicle Code §20002
When an accident results only in damage to someone else’s property, such as another car, a fence, or a mailbox, it falls under Vehicle Code §20002. Drivers must stop, provide their name and address, and if the owner is not present, leave a written note or contact law enforcement. Failing to do so is a misdemeanor offense, punishable by up to six months in county jail and fines up to $1,000.
To be convicted under this section, prosecutors must prove that:
- The driver was involved in an accident while operating a vehicle.
- The accident caused damage to someone else’s property.
- The driver knew they were involved in an accident.
- The driver willfully failed to stop or provide the required identifying information.
Felony Hit and Run – Vehicle Code §20001
When a hit and run causes injury or death, it is charged under Vehicle Code §20001. This offense can be treated as either a misdemeanor or felony (“wobbler”), depending on the severity. Penalties range from up to one year in county jail to up to four years in state prison, along with fines up to $10,000. In all cases, the driver must stop, provide information, and render reasonable assistance to anyone injured.
2025 Legal Updates in California
- D’Ancee’s Law (effective January 1, 2025) eliminates the statute of limitations for filing felony hit-and-run charges involving death or permanent serious injury. Prosecutors may now bring charges at any time.
- SB 1107 Insurance Requirements raised California’s minimum liability coverage to $30,000 per person, $60,000 per accident, and $15,000 for property damage. This update helps victims of hit-and-run crashes recover more compensation through insurance claims.
How Does All This Affect You as a Victim?
For victims, the legal distinctions between misdemeanor and felony hit and run matter because they affect how your case is handled and what compensation you may be entitled to.
Even if the at-fault driver flees, you still have options. If only your property was damaged, you may file a claim through your insurance policy, often under collision coverage. If you were injured, you may be able to use uninsured motorist coverage, pursue restitution through the criminal case, or file a civil lawsuit once the driver is identified.
The 2025 updates also strengthen your position as a victim. With higher insurance minimums, you may be better protected financially when seeking recovery. And under D’Ancee’s Law, prosecutors can pursue felony charges for serious injury or fatal hit-and-run cases without time limits, which means your case cannot simply expire because too much time has passed.
Types of Hit-and-Run Incidents
Hit-and-run accidents in California are not limited to one type of crash. They can happen in many different ways and often affect more than just cars. Common situations include:
- Direct Collisions: When two vehicles crash and the responsible driver leaves the scene without stopping, exchanging information, or providing assistance.
- Minor Impacts or “Fender Benders”: Small accidents, such as bumping a parked car or scraping another vehicle in a parking lot. Even if the damage seems minor, failing to stop and provide information still counts as a hit and run.
- Sideswipes: Accidents where one vehicle strikes the side of another, often on highways or busy streets, and the at-fault driver flees.
- Pedestrian Accidents: A driver strikes a person crossing the street or walking along the roadway and then leaves without helping. These cases often lead to felony charges because of the likelihood of serious injury.
- Bicycle Collisions: Cyclists are particularly vulnerable. A hit and run involving a bicycle can cause severe injuries, and leaving the scene is treated just as seriously as fleeing from a car accident.
- Motorcycle Accidents: Motorcyclists face a high risk of catastrophic injury in hit-and-run crashes. Drivers who flee after striking a motorcycle can be prosecuted under California Vehicle Code §20001.
In all these situations, the legal duties are the same: drivers must stop, exchange information, and render aid when someone is injured. Failing to do so—whether the victim is another driver, a pedestrian, a bicyclist, or a motorcyclist—constitutes a hit and run under California law.
Can You Get Compensation for a Hit and Run?
Yes, victims of hit-and-run accidents in California can pursue compensation, but the process depends on whether the at-fault driver is identified. Even if the driver is never found, you may still have options through your own insurance coverage.
Insurance Options
- Uninsured Motorist Coverage (UM): If you carry UM, your insurer may pay for medical expenses, lost wages, and other damages when the other driver cannot be located.
- Collision Coverage: Even without UM, your collision coverage may pay for vehicle repairs.
- MedPay Coverage: This optional add-on covers medical treatment for you and your passengers regardless of who caused the accident.
If the At-Fault Driver Is Found
When police or investigators identify the driver, prosecutors may file criminal charges for fleeing the scene. Criminal cases may result in restitution orders, but those payments rarely cover the full extent of losses. To recover full compensation, you can file a civil lawsuit seeking damages such as:
- Car repairs or replacement
- Medical bills and future treatment
- Lost income and reduced earning capacity
- Pain and suffering
- Disfigurement or disability
- Wrongful death damages for surviving family members
Average Compensation in California
Settlements for hit-and-run cases in California vary widely. Many cases resolve between $10,000 and $75,000, but serious injury or wrongful death claims can reach into the millions, depending on the evidence and legal strategy.
Filing a Lawsuit After a Hit and Run
If the driver is identified, you can sue for damages. This typically involves:
- Investigation: Gathering evidence such as police reports, surveillance video, and witness statements.
- Insurance Negotiations: Filing claims and presenting proof of damages to insurers.
- Civil Lawsuit: If negotiations fail, filing in the appropriate California court and proceeding through discovery.
- Resolution: Settlement discussions, mediation, or trial if necessary.
If the Driver Is Never Found
Even without an identified defendant, you may still secure compensation through uninsured motorist claims and other insurance benefits. In these cases, working with an attorney is especially important to ensure insurers do not undervalue your claim.