Somebody hit you and ran. Or maybe they dinged your parked car and drove off without leaving a note. You’re standing there trying to figure out what just happened and what you’re supposed to do about it.
One of the first questions people ask is, is it a crime to leave the scene of an accident? It is. Under California law, all drivers must stop after a crash. But whether a hit and run is a felony or misdemeanor depends on one key factor, whether anyone was injured.
If another driver caused the crash and you are not sure what your options are, our Burbank Car Accident Lawyer page covers how California crash claims generally work.
When Is a Hit and Run a Felony?
Hit and Run Crashes California Vehicle Code § 20002 (property damage only) Under California law, if a motorist causes a crash that injures someone and then flees the scene, it’s a felony.
The driver need not have intended harm to anyone. Driving off still counts as panicking. The law is concerned with whether the driver met their legal obligations, stopping, giving information, and helping the injured person. And if they skip that and run, a felony charge is on the table.
A felony hit and run carries penalties of up to four years in state prison and fines up to $10,000. The more serious the injuries to the victim, the more serious the consequences tend to be for the driver.
When Is It a Misdemeanor Instead?
Usually, California Vehicle Code § 20002 applies when the crash was only a property damage crash and no one was physically injured. That’s just a misdemeanor, not a felony.
A classic example is hitting a parked car in a parking lot and driving away without leaving a note. Still against the law. Still a crime that can result in fines, probation, or up to 6 months in county jail, just treated differently than a situation where someone got hurt.
For victims, the criminal side of things is less important than the civil side , ie, what you can actually recover for your losses and how you go about pursuing that.
What California Law Requires Drivers to Do After a Crash
Most drivers know they have to stop. Even fewer know what the law actually requires them to do. California law requires the driver after any crash to:
- Stop promptly and safely at or near the scene.
- Check to see if anyone was hurt
- Give the other driver or property owner their name, address, driver’s license number, vehicle registration and insurance information
- Call 911. Get medical help for anyone who is hurt.
- Leave their contact details on any unattended vehicle or property they damage
- Report the crash to police if someone is injured or killed or if property damage is likely to exceed $1,000.
Not doing any of these things is a violation of California law, even if the driver did not cause the crash.
What to Do If a Driver Hit You and Left
The driver is gone. Here is what matters in the next few minutes and hours.
Call 911 and Get Medical Help
Even if you think you are okay. Do this right now. You will need a police report, and it gets started, and it is for everything that follows. And see a doctor the same day if you can. Whiplash, concussions, and internal injuries don’t always show up right away. Leaving the hospital early creates a medical record that ties your injuries to the crash, which is very important if you are making a claim.
Take a Photo and Collect Witness Information
Take a walk around and take pictures of everything while it is still fresh. Your vehicle, any damage, skid marks, debris, the road, and visible injuries to yourself. See if you can find someone who witnessed what happened, and get their name and phone number before they leave. Witnesses disappear fast, so do their memories.
Call Your Insurance Company to Report the Accident
Call your insurance company and report the hit and run. Be concrete and factual. Have your police report number handy when you call. Don’t try to fill in details or speculate about who was to blame; just tell what you saw.
Inquire About Uninsured Motorist Coverage
This one is always overlooked. California requires insurers to provide uninsured motorist coverage, and many people have it without realizing it applies to hit-and-run situations. If the driver who hit you is never found, UM coverage can help pay for your injuries and other losses. Ask about it specifically; your insurer might not mention it themselves.
Can You Still Recover Compensation If the Driver Is Never Found?
Yeah, often. It depends on what coverage is available, and if the driver is eventually identified
If the driver is later found by police investigation, surveillance footage, or a witness who saw the plate, you can file a claim against their insurance directly. Your best bet to get compensation is your own uninsured motorist coverage if they are never found.
UM coverage was made for this very situation. Depending on your policy, it could be relevant for you as a driver, a passenger, and sometimes even as a pedestrian or cyclist. Timing is everything here; business surveillance footage is erased in a week or two, and witness memories fade just as fast. A lawyer can send formal preservation requests and begin collecting that evidence before it’s gone.
In cases where a hit-and-run resulted in a fatality, surviving family members may have legal options through a Burbank wrongful death lawyer claim.
What Losses Can Be Recovered?
The specific amount depends on the facts of the crash, how serious the injuries were, and what insurance applies. Generally speaking, a hit-and-run claim can include compensation for:
Healthcare costs. Emergency care, follow-up visits, physical therapy, specialist treatment, and any future medical bills related to the crash.
Loss of money from wages. Income you lost because you were unable to work, including any vacation or paid time off you had to use because of the injury.
Property Damage. Cost of vehicle repair or replacement.
Suffering and pain. The physical pain of your injuries and the emotional toll of the accident and the healing process.
Future cost of care. If the injury is serious enough to need long-term treatment, those estimated costs can be added to the claim.
Each case is unique. What you can recover in your situation depends on your injuries, your coverage, and the facts of how the crash occurred. To get a real feel for what your case is worth, the best thing you can do is discuss the specifics with an attorney.
When Does It Make Sense to Talk to a Lawyer?
Not every hit and run needs a lawyer. But there are some situations where taking early advice does make a difference:
- You never found the driver and you don’t know if UM coverage applies to you
- Your injuries need medical treatment or are still affecting you
- Your insurance company is slow, vague, or making a low offer.
- The crash included a commercial vehicle, delivery driver or rideshare driver
- You are a pedestrian or cyclist and you are unsure what coverage exists
A Los Angeles personal injury lawyer can review your policies, help you understand what coverage applies, communicate with the insurance company for you, and advise you before you agree to anything irreversible.
Speak With a Los Angeles Personal Injury Lawyer
If you were struck by a driver who fled the scene in California, the Law Offices of Adrianos Facchetti can provide a free consultation. No upfront cost. No pressure. No attorney fee unless we get compensation for you.
Call (626) 793-8607. Free consultation 24 hours a day.
This article is for informational purposes only and is not legal advice. “Every case is unique. Before making any decision, talk to a lawyer about the specific facts of your situation.
For more helpful legal guides for California accident victims, visit our blog.
