How are Damages Covered in a Hit-And-Run Accident in California?

How are Damages Covered in a Hit-And-Run Accident in California?

• October 12, 2024
• Categories: Vehicle Accidents

There can be a few ways in which damages are covered in a hit-and-run accident in California, depending on whether the at-fault driver who flees the scene can be found.  If the at-fault driver is located and has car insurance, then damages can be covered by the other driver’s insurance company.  If the fleeing driver cannot be located, then the victim’s own vehicle insurance may provide some coverage, depending on their policy.

Bodily injury liability insurance is mandatory for all motorists in California with a minimum of 15/30/5 coverage limits. Collision insurance, which covers property damage, is optional, but it is required in California if you are financing or leasing your vehicle.  Collision insurance covers most vehicle wrecks, regardless of who caused the accident.  In California, there is also a legal requirement that insurance companies include uninsured motorist insurance (UM) and underinsured motorist insurance (UIM) with their policies, unless the insurer and the insured execute a specific written waiver as defined by law.  Generally, in hit-and-run accidents, when the at-fault driver is never located, that driver is considered an “uninsured motorist.”  Despite all the California laws mandating that motorists carry auto insurance, it is well known that many drivers do not.

A collision is considered a “hit-and-run” accident if the negligent driver who caused the accident fails to stop, continues driving, and can’t be immediately located.  California Traffic Code requires motorists involved in car accidents to halt and exchange important data like name, driver’s license, vehicle identification number, and insurance information.  In most cases, drivers should also wait for police to arrive at the scene.

Unfortunately, traffic accidents are common in California.  There were 56,732 fatal and severe-injury crashes on state highways in 2023, according to data from UC Berkeley’s Transportation Injury Mapping System.  And an estimated 18 hit-and-run accidents occur each week in Los Angeles County alone.

What are California Laws Concerning Hit-And-Run Car Accidents?

There can be significant insurance consequences for both driver and victim in hit-and-run accidents.  For the driver who fled the scene of the crash, there can also be serious criminal penalties like jail time and steep fines.  Penalties for hit-and-run accidents vary depending on whether the accident caused property damage only, injuries, or death.  Property damage is often a misdemeanor, whereas a fatality almost always results in a felony charge.

Does Liability Insurance Cover Hit-And-Run Accidents?  Does Uninsured Motorist Coverage?

Liability insurance only covers the medical bills and/or property damage of the other driver in a collision that you caused.  You cannot make a claim for your own medical bills, lost wages, pain and suffering, and other damages under your own auto liability insurance.  Therefore, your liability insurance will not protect you in hit-and-run accidents.  However, if you have uninsured motorist coverage, then your medical bills and other financial damages may be covered in a hit-and-run accident.

Insurance law can be complicated, and the best way to figure out how damages are covered after a hit-and-run accident is to talk to a skilled car accident lawyer.  You may be able to file a personal injury lawsuit to collect financial compensation.  You want to speak to an attorney promptly, though, because the statute of limitations for filing a personal injury claim is two years.

Types of Damages You Might Recover After a Hit-And-Run Car Accident

If you suffered an injury in a hit-and-run collision, you might be entitled to receive significant compensation.  Types of damages include:

• Medical Costs: Medical bills can be expensive after an accident and include everything from the ride in the ambulance to ER services, testing, treatment, surgery, ongoing therapy, and more.  Both current and future medical costs can be included.
• Lost Wages: If you cannot go back to work after an accident for weeks or months, damages can recoup the wages you have lost.  If you are permanently disabled after an accident, you may also be entitled to loss of future earnings.
• Pain and Suffering: You can recover non-economic damages for your mental suffering, emotional distress, PTSD, and physical pain.  Your spouse can also request damages for loss of consortium.

Why Choose Neale & Fhima to Represent You?

There are several reasons to hire a personal injury attorney at Neale & Fhima to fight for the compensation you deserve.  We are proud of our legal team AND our track record of success!  Some of the reasons to hire us include:

We Bring Decades of Experience to the Table

Our team of car accident lawyers is second to none.  We know how to win.

We Negotiate Aggressively with Insurance Companies

While you focus on recovering from your injuries, we’ll handle the legal heavy lifting.

We Negotiate the Best Settlement

We’ll go toe-to-toe with insurance companies and get the best payout possible in your case.

We Handle All the Paperwork

Paperwork can be complicated, confusing, and time-consuming.  We’ll handle it for you.

Neale & Fhima Will Fight to Get the Compensation You Deserve

At Neale & Fhima, we are committed to fighting aggressively for clients to achieve the maximum payout possible in your case.  We treat clients like family, and we care about your pain and suffering.  You are not just a number on a file jacket at our law firm.  Our legal team is compassionate, supportive, and communicates frequently, so you’ll always know the status of your claim.  We’re transparent, honest, and straightforward with our clients.  We discuss the law and educate our clients, so they feel informed.  We’ll explain your legal options in terms that are easy to understand.  Our satisfied clients can attest to our skill, and they often refer friends and family to our law firm.  For a free initial consultation about your case, call us at 888-407-2955.