What the claim involves
When the other driver flees or has no insurance, the claim usually turns to your own policy.
A driver involved in a crash that injures or kills someone must stop at the scene (Vehicle Code § 20001(a)), give a name, current address, and vehicle registration number, and render reasonable assistance to anyone hurt, including arranging transport for treatment when it is apparently needed (§ 20003). Leaving the scene of an injury crash is a crime punishable by jail or prison (§ 20001(b)), and a driver who damages only property must stop and either find the owner or leave a written notice and report the crash to the police (§ 20002). The criminal case and your injury claim are separate: you can pursue compensation whether or not the driver is ever charged.
If a hit-and-run or uninsured driver injured you, your own uninsured motorist coverage may pay for your injuries, but an unknown-driver claim generally requires physical contact, a police report within 24 hours, and a sworn statement to your insurer within 30 days. Kyle Scott Law looks for the evidence that identifies a driver or proves the crash happened: intersection, business, and doorbell video, debris and paint transfer, and witnesses. The firm reads every auto policy in your household, makes sure the notices the statute requires are given, and prepares the claim as if it were a lawsuit, because an uninsured motorist claim still requires proof of fault and damages. Your first conversation is with attorney Kyle J. Scott, admitted to the State Bar of California in 1991.
Three conditions for an unknown driver
When the driver cannot be identified, Insurance Code § 11580.2(b) treats the vehicle as uninsured only if the injury arose from physical contact of that vehicle with you or with the vehicle you were in; you or someone for you reported the crash within 24 hours to the police department of the city where it happened, or, in unincorporated territory, to the sheriff or the local CHP office; and you filed a sworn statement with your insurer within 30 days. Get the report number, and confirm which agency took the report.
Uninsured versus underinsured
Uninsured motorist (UM) coverage applies when the at-fault vehicle has no liability insurance, its insurer denies coverage, or the driver is unknown and the conditions above are met (Insurance Code § 11580.2(b)). Underinsured motorist (UIM) coverage applies when the at-fault driver is insured for less than your own UM limits. It generally pays only after the at-fault driver’s liability limits are exhausted by payment, with proof sent to your insurer, and it pays up to your UIM limit minus what the at-fault driver’s side paid (§ 11580.2(p)). A policy issued or renewed since January 1, 2025, may carry as little as $30,000 for injury to one person, or $50,000 if issued or renewed from January 1, 2035 (Vehicle Code § 16056).
Stacking, offsets, and consent
California does not let you add together the limits of two vehicles or two policies (Insurance Code § 11580.2(q)). If more than one UM coverage applies, a policy may cap damages at the highest single limit and split the payment between policies (§ 11580.2(d)). A policy may also reduce UM payments by medical payments coverage and by workers’ compensation benefits (§ 11580.2(e), (h)). Settling with the at-fault driver without your UM insurer’s written consent can eliminate the coverage for that injury (§ 11580.2(c)(3)), so talk to a lawyer before you sign a release.
Arbitration and the two-year rule
If you and your insurer disagree about fault or value, the policy must provide for arbitration before a single neutral arbitrator (Insurance Code § 11580.2(f)), with discovery much like a lawsuit. Within two years of the crash, you generally must file suit against the uninsured driver, reach an agreement with your insurer, or formally demand arbitration by certified mail (§ 11580.2(i)(1)), and arbitration generally must then be concluded within five years (§ 11580.2(i)(2)). While your claim is pending, your insurer must warn you in writing about the time limit at least 30 days before it runs, unless it knows you have a lawyer (§ 11580.2(k)).
Cases the firm reviews
Common hit-and-run accident matters.
Information that can matter
A strong claim starts with preserved evidence.
The useful records vary by case. The initial review identifies what exists, what may need to be requested, and what should be preserved before it is lost.
Legal guides
Answers to common hit-and-run accidents questions.
Common questions
Questions about hit-and-run accident claims.
Will my insurance pay if the hit-and-run driver is never found?
It may. If your auto policy includes uninsured motorist coverage, an unidentified driver’s vehicle is treated as uninsured when the statute’s conditions are met: physical contact with you or your vehicle, a police report within 24 hours, and a sworn statement to your insurer within 30 days (Insurance Code § 11580.2(b)). You still must prove that the other driver was at fault and what your injuries cost you.
What if the other car never touched me?
That is difficult under California’s statute. For an unknown driver, uninsured motorist coverage requires that the injury arose from physical contact of that vehicle with you or with the vehicle you were in (Insurance Code § 11580.2(b)), so a driver who forced you off the road and fled without contact usually does not qualify. If video or witnesses identify the driver, a claim against that driver, or a regular uninsured motorist claim, may still be possible.
How long do I have to make an uninsured motorist claim?
Report a hit-and-run to the police within 24 hours and file the sworn statement within 30 days. Then, within two years of the crash, you generally must sue the uninsured driver, reach an agreement with your insurer, or formally demand arbitration by certified mail (Insurance Code § 11580.2(i)). Ongoing talks with an adjuster do not, by themselves, extend that deadline.
Do I have to go to arbitration with my own insurer?
If you and your insurer can’t agree on whether the other driver was at fault or how much your claim is worth, California requires the policy to send that dispute to arbitration before a single neutral arbitrator (Insurance Code § 11580.2(f)). The process includes depositions and other discovery, and the arbitrator decides what you are entitled to recover. Preparing for the hearing looks much like preparing for trial.
I didn’t have insurance when I was hit. Can I still recover?
Yes, with a limit. Under Proposition 213 (Civil Code § 3333.4), an injured person who owned an uninsured vehicle involved in the crash, or drove without proof of financial responsibility, generally cannot recover pain-and-suffering damages. Medical bills, lost earnings, and other economic losses remain recoverable. The bar does not apply to an uninsured owner hit by a driver who is convicted of DUI for that crash.
What happens if the police find the driver later?
You can then claim against the driver and the driver’s insurer, and most injury lawsuits must be filed within two years (Code of Civil Procedure § 335.1). If your uninsured motorist insurer has already paid you, it can pursue the driver for what it paid, within three years of its payment (Insurance Code § 11580.2(g)). A criminal court must also order restitution for economic losses, which is credited against any civil judgment for the same losses (Penal Code § 1202.4). Tell your insurer promptly that the driver was found.
This page provides general information, not legal advice. A consultation is needed to evaluate the facts, deadlines, parties, and law that may apply to a specific matter.
Sources
Official sources.
The figures and rules of law on this page come from these official sources.
- California Vehicle Code § 20001 (duty to stop after an injury crash)
- California Vehicle Code § 20003 (information and assistance after an injury crash)
- California Vehicle Code § 20002 (property-damage crashes)
- California Insurance Code § 11580.2 (uninsured and underinsured motorist coverage)
- California Vehicle Code § 16056 (minimum liability limits)
- California Civil Code § 3333.4 (Proposition 213)
- California Code of Civil Procedure § 335.1 (two years for injury lawsuits)
- California Penal Code § 1202.4 (restitution to victims)
Related practice areas