Hit-and-Run Accidents: Your Rights and Legal Options After a Collision

May 14

Few things are more shocking and frustrating than being involved in a car accident - except when the at-fault driver flees the scene. Hit-and-run accidents leave victims not only dealing with injuries and property damage but also feeling abandoned and uncertain about how to recover damages. Fortunately, California law provides options for victims of hit-and-run accidents to seek justice and compensation.

At Cooc & Associates, we help accident victims in Oakland and throughout the Bay Area navigate these challenging situations. If you’ve been injured in a hit-and-run, our experienced legal team is here to protect your rights and fight for the compensation you deserve.

What Is a Hit-and-Run Accident?

A hit-and-run accident occurs when a driver involved in a collision—whether it’s with another vehicle, a pedestrian, or even property—leaves the scene without providing their contact information or offering assistance.

Hit-and-run accidents are illegal under California Vehicle Code §20001 and §20002. Drivers involved in an accident are legally required to:

Stop at the scene
Exchange information (name, license, insurance details)
Assist injured parties by calling emergency services if needed

Failing to do so is a criminal offense, and in cases involving injuries or fatalities, it can result in felony charges.

Common Types of Hit-and-Run Accidents

Hit-and-run accidents can happen in various ways:

Vehicle Collisions: Another driver crashes into your car and speeds away without stopping.
Pedestrian Accidents: A driver strikes a pedestrian and flees the scene.
Cyclist Collisions: Drivers may hit bicyclists and leave without checking on their condition.
Parked Car Incidents: A driver hits a parked car and leaves without leaving a note or contact information.
Property Damage: A vehicle strikes personal property—like fences or mailboxes—and the driver fails to report the incident.

Regardless of the circumstances, leaving the scene of an accident is illegal and unjust.

Why Do Hit-and-Run Drivers Flee?

Drivers flee accident scenes for a variety of reasons:

Driving under the influence of drugs or alcohol
Driving without insurance or a valid license
Fear of criminal charges or legal consequences
Outstanding arrest warrants or immigration concerns
Panic and poor decision-making in the heat of the moment

While these reasons may explain why drivers flee, they don’t excuse their behavior. Victims still have the right to pursue legal remedies.

What Should You Do After a Hit-and-Run Accident?

If you’ve been involved in a hit-and-run, the steps you take immediately afterward are crucial for both your health and your legal case.

1. Call 911 Immediately

Report the accident to law enforcement right away. Police will create an official report, which is vital for insurance claims and legal action. If you or anyone else is injured, request medical assistance immediately.

2. Gather Evidence at the Scene

If it’s safe to do so, collect as much information as possible:

Take photos of your vehicle, the accident scene, and any injuries.
Write down details about the fleeing vehicle: license plate number (even partial), color, make, model, and any distinguishing features.
Gather witness statements and contact information. Witnesses can provide critical testimony and may have captured photos or videos.

3. Seek Medical Attention

Even if you feel okay, some injuries—like concussions or internal bleeding—may not show immediate symptoms. Keep detailed records of all medical treatments and expenses.

4. Report the Accident to Your Insurance Company

Notify your insurance provider about the hit-and-run. In California, your uninsured motorist coverage (if you have it) may help cover medical bills and vehicle repairs if the driver cannot be identified.

5. Contact a Personal Injury Attorney

Handling a hit-and-run case on your own can be stressful and overwhelming. At Cooc & Associates, we’ll help you explore every available option for compensation and work to hold the responsible parties accountable.

What Compensation Is Available for Hit-and-Run Victims?

If you’re the victim of a hit-and-run accident, you may be entitled to compensation for:

Medical expenses (emergency care, surgeries, rehabilitation)
Lost wages and loss of future earning capacity
Property damage (vehicle repairs or replacement)
Pain and suffering
Emotional distress and trauma
Permanent disability or disfigurement

If the at-fault driver is later found, you can pursue a personal injury claim against them. If not, your uninsured motorist coverage may be the key to recovering damages.

What If the Hit-and-Run Driver Is Never Found?

Sadly, in some cases, hit-and-run drivers are never identified. But that doesn’t mean you’re out of options.

Uninsured Motorist (UM) Coverage

California law requires insurers to offer uninsured motorist coverage (UM), which protects you in accidents involving uninsured drivers—or drivers who flee the scene and can’t be found. If you have UM coverage, it can help pay for:

Medical expenses
Lost income
Pain and suffering

Even if you don’t remember signing up for UM coverage, check your policy. Many drivers carry it without realizing.

Crime Victim Compensation Programs

In cases involving serious injuries, you may also qualify for financial assistance through California’s Victim Compensation Board (CalVCB). This program helps cover expenses like medical bills and counseling for crime victims, including those harmed by hit-and-run drivers.

Criminal vs. Civil Proceedings

It’s important to understand the difference between criminal charges and civil lawsuits in hit-and-run cases:

Criminal Proceedings: If the driver is found, they may face misdemeanor or felony charges. While this holds them accountable under the law, it does not directly compensate you for your losses.
Civil Lawsuits: You can file a personal injury lawsuit against the driver to recover financial damages for your injuries and other losses. Even if the driver faces criminal charges, you can still pursue civil action.

At Cooc & Associates, we focus on the civil side—helping you recover the compensation you need to move forward.

Statute of Limitations for Hit-and-Run Injury Claims

In California, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. However, there may be exceptions depending on the specifics of your case. It’s critical to speak with an attorney as soon as possible to avoid missing important deadlines.

Why Choose Cooc & Associates?

Dealing with the aftermath of a hit-and-run accident is emotionally and financially draining. You need a law firm that understands the complexities of these cases and will fight aggressively on your behalf.

Here’s why clients trust us:

Experienced in Hit-and-Run Cases: We know how to investigate hit-and-run accidents and uncover every potential source of compensation.
Personalized Attention: We take the time to understand your unique circumstances and provide tailored legal strategies.
Proven Track Record: We have a history of successfully recovering compensation for accident victims throughout the Bay Area.
Multilingual Services: Our team proudly serves Oakland’s diverse community and offers legal services in English, Vietnamese, and Chinese.

Schedule Your Free Consultation Today

If you or a loved one has been injured in a hit-and-run accident, don’t navigate this difficult time alone. The team at Cooc & Associates is here to protect your rights, hold negligent drivers accountable, and help you pursue the compensation you deserve.

Kenneth Hong