Hit & Run Accident Lawyer in Ventura

California Hit-and-Run Laws: What the Driver Was Required to Do

California Vehicle Code Sections 20001 and 20002 require a driver involved in a collision to stop immediately, while Sections 20003 and 20004 require them to provide their name, address, and vehicle registration to the other party and render reasonable aid to anyone injured. These duties apply regardless of who caused the crash. A driver who flees has violated state law.

The severity of the criminal charge generally depends on the harm caused:

• Misdemeanor hit-and-run (California Vehicle Code Section 20002): Leaving the scene of a crash that caused property damage but no injury is typically charged as a misdemeanor, carrying up to six months in county jail and a fine of up to $1,000.
• Felony hit-and-run (California Vehicle Code Section 20001): When a collision causes injury or death and the driver flees, the offense is a wobbler, meaning it can be charged as either a misdemeanor or a felony depending on the severity of the harm. Felony charges can carry significantly harsher penalties.

Criminal prosecution and your civil compensation claim are separate processes. A driver can be found criminally liable and still dispute the damages owed to you, or they may face no criminal charges at all even if you have a valid civil claim.

Uninsured Motorist Coverage & Filing Deadlines in California

When a hit-and-run driver is never identified, uninsured motorist coverage is often the primary route to compensation. Under California Insurance Code Section 11580.2, auto insurers are required to offer this coverage, and it treats an unidentified hit-and-run driver the same as an uninsured driver for claim purposes. If you carry this coverage, you can generally file a claim against your own insurer for your injuries and losses.

Deadlines matter. California’s general statute of limitations for a personal injury lawsuit arising from a vehicle accident is two years from the date of the accident under Code of Civil Procedure Section 335.1. For uninsured motorist claims, California Insurance Code Section 11580.2(i)(1) generally requires that you file a lawsuit, reach a settlement, or formally institute arbitration within two years of the accident date to preserve the claim. Missing either deadline can jeopardize recovery.

Steps to Take After a Hit-and-Run in Ventura

What you do in the hours and days after a hit-and-run can directly affect your ability to recover compensation. Acting quickly preserves evidence and keeps your insurance options open.

• Call 911: Report the crash immediately. A police report is often required to pursue an uninsured motorist claim.
• Seek medical attention: Get evaluated even if injuries seem minor. Documented treatment can help connect your injuries to the crash.
• Note details about the vehicle: Write down or photograph anything you remember: color, make, model, partial plate, direction of travel.
• Photograph the scene: Capture vehicle damage, road conditions, debris, and skid marks before anything is moved or cleaned up.
• Collect witness information: Bystanders who saw the crash may provide descriptions that help identify the driver. Surveillance footage from nearby businesses or traffic cameras can also be valuable.
• Report to your insurer promptly: Under California Insurance Code Section 11580.2, you generally must report a hit-and-run to police within 24 hours and file a sworn statement with your insurer within 30 days to preserve your uninsured motorist claim rights.