Know Your Legal Options After a Hit-and-Run
A hit-and-run can leave you injured, without answers, and unsure where to turn for help. The driver may be gone, but that does not necessarily mean you have no way to recover compensation.
If you were injured in a hit-and-run accident in San Jose, your own insurance coverage may provide an avenue for recovery. Depending on the circumstances, you may also have a claim against the driver if they are identified or against another party that may be legally responsible for the accident.
At San Jose Personal Injury Attorneys, we help injured people understand their options after hit-and-run crashes, investigate the circumstances surrounding the collision, and pursue available compensation.
What Is a Hit-and-Run Accident in California?
A hit-and-run occurs when a driver involved in a collision leaves without fulfilling the duties imposed by California law.
The legal requirements depend on what happened in the crash. California Vehicle Code § 20001 applies when an accident results in injury or death and requires the driver to stop and fulfill specific duties at the scene. California Vehicle Code § 20002 applies to collisions involving property damage only.
California Hit-and-Run Laws at a Glance
California Vehicle Code § 20001: Injury or Death
California Vehicle Code § 20002: Property Damage Only
What Should You Do After a Hit-and-Run in San Jose?
The first priority is your safety and health. After that, taking the right steps can help preserve evidence and protect your potential insurance claim.
1. Get to a Safe Location
If you can safely move away from traffic, do so. Do not chase the driver or attempt to confront them. If the crash occurred on a busy roadway such as U.S. 101, I-280, State Route 87, or another heavily traveled San Jose corridor, be especially careful about remaining in or near active traffic.
2. Call 911 or Report the Collision to Police
Report the hit-and-run as soon as possible. Give law enforcement everything you remember about the vehicle and driver, including:
For certain uninsured motorist hit-and-run claims involving an unknown vehicle, California law specifically requires the accident to be reported to the appropriate law enforcement agency within 24 hours.
3. Document the Scene
If you can do so safely, take photographs and videos of:
Also ask witnesses for their names and contact information.
4. Get Medical Attention
Do not assume that you are uninjured simply because you feel okay immediately after the crash. Some injuries may become noticeable later.
Medical records can also provide important documentation connecting your injuries to the collision. Follow your healthcare provider's recommendations and keep records of your treatment, prescriptions, medical expenses, and time missed from work.
5. Notify Your Insurance Company
Contact your auto insurance carrier promptly after the collision. Your policy may include uninsured motorist coverage, collision coverage, medical payments coverage, or other benefits that could apply.
If the other driver cannot be identified, California's uninsured motorist law contains specific requirements for hit-and-run claims involving an unknown vehicle. Among other things, the law requires physical contact in the circumstances described by the statute and requires timely reporting to law enforcement and submission of a sworn statement to the insurer.
Because insurance policies and claim circumstances vary, it is important to review the specific requirements that apply to your case.
Can You Recover Compensation After a Hit-and-Run?
Possibly. The fact that the driver fled does not automatically prevent an injured person from pursuing compensation.
Potential sources of recovery may include the following.
Uninsured Motorist Coverage
Uninsured motorist (UM) coverage can provide benefits when an insured person is legally entitled to recover damages from an uninsured motorist. California law also addresses situations involving an unknown vehicle, including specific requirements for establishing a hit-and-run claim.
Depending on the policy and circumstances, a UM claim may provide compensation for damages such as medical expenses, lost income, and other losses associated with bodily injury.
Collision Coverage
If your policy includes collision coverage, it may help pay for damage to your vehicle after a hit-and-run, subject to the terms, limits, and deductible in your policy.
Medical Payments Coverage
Medical payments, or MedPay, coverage may help pay certain medical expenses resulting from an auto accident, depending on your policy.
A Claim Against the Driver
If police or an independent investigation identifies the driver, you may have the option of pursuing a personal injury claim against that person.
The available recovery will depend on the facts of the accident, the driver's insurance coverage and assets, and other applicable legal issues.
Other Responsible Parties
In some cases, another party may have legal responsibility for an accident. The specific circumstances matter, including how the collision occurred and the relationship between the driver and any potentially responsible third party.
Talk to a San Jose Hit-and-Run Accident Lawyer
A hit-and-run can leave you dealing with medical bills, missed work, vehicle damage, and uncertainty about what happens next. You may have options even when the driver is still unknown.
San Jose Personal Injury Attorneys offers free case evaluations for people injured in motor vehicle accidents. We can review what happened, discuss the insurance coverage that may apply, and explain your potential legal options.
Call (408) 217-1778 or contact us today to discuss your hit-and-run accident.
Deon Goldschmidt
FOUNDing attorney
Kevin Retoriano
MANAGING PARTNER
Michel Shenouda
MANAGING PARTNER
What Compensation May Be Available After a Hit-and-Run?
When a personal injury claim is supported by the facts and applicable law, damages may include economic and non-economic losses.
Potential damages can include the following
Note: The amount and types of compensation available depend on the circumstances of the accident, the severity of the injuries, the applicable insurance coverage, and other factors.
Common Injuries After a San Jose Hit-and-Run
Hit-and-run crashes can cause many of the same injuries as other motor vehicle collisions. The severity depends on factors such as the speed and angle of impact, the type of vehicles involved, and whether the injured person was a driver, passenger, pedestrian, cyclist, or motorcyclist.
Common injuries include:
Some injuries require immediate treatment, while others may take time to become apparent. Prompt medical evaluation can help identify injuries and establish an appropriate treatment plan.
California Deadlines for Hit-and-Run Claims
Deadlines can vary depending on the type of claim and the circumstances involved. Do not assume that you have unlimited time to pursue a claim simply because the driver has not yet been identified.
For example, California Insurance Code § 11580.2 contains specific timing requirements for certain uninsured motorist claims involving an unknown vehicle. The statute states that the accident must be reported to the appropriate law enforcement agency within 24 hours and that a sworn statement must be filed with the insurer within 30 days thereafter.
The same statute also establishes a separate two-year period for taking certain actions under an uninsured motorist policy, subject to the statute's provisions and exceptions.
Other personal injury and property damage claims may be governed by different statutes of limitation.
Because missing a deadline can affect your ability to pursue a claim, it is important to evaluate the applicable deadlines as soon as possible after the accident.
What If the Hit-and-Run Driver Is Never Found?
You may still have options.
A police investigation may identify the driver through witnesses, surveillance footage, vehicle information, or other evidence. If the driver remains unidentified, your own uninsured motorist coverage may provide a potential avenue for compensation if the requirements for coverage are satisfied. California law specifically addresses claims involving unknown vehicles.
An attorney can review your insurance policy and the facts of the collision to determine what potential sources of recovery may be available.
How an Attorney Can Help With a San Jose Hit-and-Run Claim
Hit-and-run cases can involve two separate challenges: determining what happened and determining how to pursue compensation when the responsible driver may be unknown.
Our legal team can help by:
The goal is to make sure you understand your options and that the available evidence and insurance coverage are properly evaluated.
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Frequently Asked Questions About San Jose Hit-and-Run Accidents
You may still be able to pursue compensation through your own insurance coverage, including uninsured motorist coverage, if the requirements of your policy and California law are satisfied. Certain hit-and-run UM claims involving an unknown vehicle have specific requirements, including physical contact and timely reporting.
You should report a hit-and-run to law enforcement as soon as possible. For certain UM claims involving an unknown vehicle, California Insurance Code § 11580.2 specifically requires the accident to be reported within 24 hours.
You should still report the accident. Even partial information about the vehicle, its direction of travel, the driver, or surrounding circumstances may help an investigation. Witnesses, nearby surveillance cameras, and other evidence may also be useful.
A no-contact or "phantom vehicle" accident can present different issues under California's uninsured motorist law. The statute's definition of an unknown uninsured motor vehicle requires physical contact with the insured or the vehicle the insured was occupying in the circumstances described by the law.
If another vehicle forced you to crash without making contact, the facts and available evidence should be reviewed carefully to determine what claims may be available.
It depends on your coverage and the circumstances of the accident. Uninsured motorist coverage may apply to bodily injury caused by an uninsured or qualifying unknown vehicle, while collision coverage may help with vehicle damage. Policy terms, exclusions, limits, and deductibles can affect what is covered.
If you were injured, speaking with a personal injury attorney can help you understand your potential claims, insurance coverage, and applicable deadlines. This can be especially important when the other driver has not been identified or when you are dealing with an uninsured motorist claim.
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