Hit-and-run accidents in California: what to do and how UM applies

By Tyler Vance, California attorney · Updated 2026-09-28 · 3 min read

General information, not legal advice. Every situation is different. If you have a deadline or court papers, don't wait on a guide. Call (562) 644-4186.

Being hit by a driver who flees is frightening, and it raises an immediate question: who pays? Often the answer is your own uninsured motorist coverage, but only if certain steps are taken quickly. This is general information, not advice about your case.

Right away

1. Get safe and get help. Call 911 if anyone is hurt.
2. Write down what you can. Note any part of the plate, the make, model, color, damage, and direction of travel. Don't chase the other driver.
3. Find witnesses and video. Get names and numbers. Look for nearby cameras (businesses, doorbells, dashcams) and ask quickly, because footage is often overwritten.
4. Photograph the scene, your vehicle, paint transfer, debris, and your injuries.
5. Get medical care and keep the records.

Report it within 24 hours

For uninsured motorist bodily injury coverage when the driver is unknown, Insurance Code section 11580.2(b) requires:

• Physical contact. The injury must arise from physical contact between the unknown vehicle and you or the vehicle you were in.
• A report within 24 hours to the city police department, or in an unincorporated area to the sheriff or the local CHP office.
• A sworn statement to your insurer within 30 days after that, saying you have a claim against someone whose identity can't be determined and setting out the supporting facts.

Separately, Vehicle Code section 20008 requires a driver in an injury accident to make a written report to the CHP or city police within 24 hours. Vehicle Code section 16000 requires a DMV report within 10 days when there's injury, death, or more than $1,000 in property damage to any one person.

Your car

Uninsured motorist property damage coverage under Insurance Code section 11580.26 generally requires that the uninsured driver be identified or the vehicle identified by license number. That means it often won't apply if the car is never found. Collision coverage, if you have it, is what usually pays for your car in a hit-and-run, subject to your deductible.

If the driver is found later

If police identify the driver, the claim may proceed against that driver and any insurer they have, with UM/UIM as a backup if their coverage is missing or too low. Keep your insurer informed, and don't settle with anyone without your insurer's written consent (section 11580.2(c)(3)).

Deadlines

• UM claims: 2 years. Under section 11580.2(i), within two years of the accident you generally must file suit against the uninsured motorist, reach agreement with your insurer, or formally start arbitration by certified mail.
• Lawsuits: generally 2 years for personal injury (Code of Civil Procedure section 335.1).

Leaving the scene is itself unlawful. Vehicle Code sections 20001 and 20002 require drivers involved in an accident to stop and meet reporting and information requirements.

How I can help

I can help put the UM claim together and meet the deadlines. I handle injury cases on a contingency fee: no attorney's fee unless there is a recovery. Case costs may still apply, and every case is different. No outcome is guaranteed. See also my UM/UIM guide.

Attorney advertising. This guide is general information about California law as of the date shown, not legal advice, and it may not reflect later changes or local rules. Reading it or contacting me does not create an attorney-client relationship. Results vary and no outcome is guaranteed. Better Call Vance, PC, Tyler Vance, CA Bar No. 318810, 3301 Michelson Drive, Suite 2107, Irvine, CA 92612.