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Even when the driver who hit you flees and is never identified, you may still be able to recover compensation for your injuries under California law. In most hit-and-run cases, that recovery comes through the uninsured motorist coverage on your own auto policy, which exists for exactly this situation: a driver who can't be found or carries no insurance of their own. What makes these claims different is that, instead of the other driver's insurer, you're often facing your own, and how the crash was reported in the first hours can affect what you're able to recover.
The Sevey Law Firm has handled these cases for Roseville drivers for more than 25 years, and we know how to hold an insurance company to what your claim is really worth. That means tracking down the driver when it's possible, building the evidence when it isn't, and taking the adjusters off your hands so you can focus on your recovery. You pay nothing unless we win your case. Contact us for a free consultation.
A hit-and-run claim can cover the same losses as any other California injury claim: the cost of your medical bills, the income you lose while you cannot work, and the physical pain and lasting effects of your injuries. That includes treatment you have already had and care you are still likely to need, from emergency treatment and surgery to physical therapy and long-term rehabilitation.
Besides medical care and lost income, you may seek compensation for pain and suffering and reduced ability to earn a living when injuries keep you from returning to the same job. Damage to your vehicle is handled differently in a hit-and-run: when the driver is identified, their liability insurance can cover it, but when the driver is never found, repairs usually run through the collision coverage on your own policy.
Being partly at fault for the crash does not bar you from recovering in California. The state follows a pure comparative negligence rule, so your compensation is reduced in proportion to your share of fault rather than eliminated. In a hit-and-run, an insurer will sometimes argue you share blame as a way to pay less, which is one reason the details of how the crash happened matter to your claim.
Hit-and-run crashes can produce some of the most serious injuries seen on the road, in part because a fleeing driver leaves victims without immediate help. Pedestrians and bicyclists struck by a driver who takes off are especially exposed, with no protection between them and the vehicle.
These crashes may cause broken bones, spinal cord injuries, and traumatic brain injuries, along with internal injuries that are not always obvious at the scene. Some need surgery and months of rehabilitation. The most severe can affect a person's ability to work or live independently for years.
When the driver who hit you is never identified, your own uninsured motorist coverage is usually how you recover. California's insurance law requires insurers to offer this coverage, and it applies when the at-fault driver is unknown or carries no insurance.
For a hit-and-run where the driver is never found, though, the law adds a condition: your body or your vehicle generally must have been physically struck by the fleeing vehicle. A driver who runs you off the road without ever making contact may fall outside what this coverage pays.
Because the claim is against your own insurer, the company may still dispute how the crash happened or how badly you were hurt. These claims are often resolved through arbitration rather than a lawsuit, and losses that are well documented from the start carry more weight in that process.
If the driver is found, your claim generally proceeds against that driver's liability insurance, the same as any other car accident. A police investigation, witness accounts, footage, and physical evidence from the scene all help identify a driver who fled, which is why reporting the crash quickly matters.
If the driver is identified but turns out to have no insurance, your uninsured motorist coverage can still apply, and the physical-contact condition that limits unknown-driver claims is no longer the obstacle. Having the driver identified usually gives you more than one possible source of recovery.
Report the crash to police as soon as possible. In a hit-and-run, a prompt report does two jobs: it starts the search for the driver, and it protects your ability to file an uninsured motorist claim. California sets tight deadlines here, requiring the accident to be reported to police within 24 hours and a sworn statement filed with your own insurer within 30 days if you intend to use that coverage.
Get medical attention even if you feel alright at first. If you are able, gather what you can gather evidence at the scene: photos, the time and location, and the names of any witnesses. Any detail about the vehicle may help police find a driver who left.
You generally have two years from the date of the crash to file a personal injury lawsuit in California. Uninsured motorist claims run on their own two-year clock, and simply notifying your insurer does not protect it.
Within two years of the accident, you generally have to file suit, reach a settlement, or formally begin arbitration, or the claim can be lost. Between these deadlines and the earlier 24-hour and 30-day reporting rules, hit-and-run claims move on a tight timeline, and starting early protects your options.
A hit-and-run leaves you with injuries you did not cause and, too often, a fight with an insurance company instead of the driver responsible for them. For more than 25 years, The Sevey Law Firm has stood up for injured people in Roseville, and we handle the parts that wear victims down: investigating the crash, working to identify the driver who fled, and holding your own insurer to what your claim is worth. You pay nothing unless we win, so there is no cost to learn where you stand. Contact us for a free consultation.
Property damage is handled separately from your injury claim. If the driver is identified, a claim against their insurance covers the cost to repair or replace your vehicle. If the driver is never found, vehicle repairs usually go through the collision coverage on your own policy. Because vehicle valuation and injury compensation follow different tracks, it helps to keep documentation for both from the day of the accident.
You are generally not required to hand over your full medical history to the other driver's insurer. Adjusters often ask for broad access to your medical records, hoping to find a prior condition they can blame your injuries on. Our team reviews what an insurer is actually entitled to and shares only the records tied to the crash.
Recoverable medical expenses can include emergency care, hospital stays, surgery, physical therapy, medication, and the cost of future treatment your doctors say you will still need. Many injuries require care long after a case resolves, so future costs are part of what we account for, not just the bills already in hand. Putting a clear number on that ongoing care is often where having an attorney makes the difference.
California follows pure comparative negligence, so you may still recover compensation even when you share some of the blame. Your recovery is reduced by your percentage of fault, but it does not disappear. A thorough investigation of the crash, including the police report, witness accounts, and physical evidence, can show that the other driver carries more responsibility than an insurer first claimed. Bringing in an attorney early in the legal process helps preserve that evidence before it's lost.