What Do I Do if I'm Injured in a Hit-and-run Accident?

Being involved in a car accident is already stressful—but when the other driver flees the scene, the situation becomes even more complicated and traumatic. Hit-and-run accidents not only leave victims injured and confused, but they also raise serious concerns about how to get compensated for medical bills, lost wages, and other damages.

In California, hit-and-run accidents are unfortunately becoming more common. Whether you're driving through Oakland, walking in San Francisco, or biking in San Jose, you could be a victim of a hit-and-run at any moment. If this happens to you, knowing what steps to take right away can make a huge difference in your case—and may even determine whether you receive compensation.

In this comprehensive guide, we’ll walk you through everything you need to know if you’re injured in a hit-and-run accident in California—from the immediate actions to long-term legal steps.

What Is a Hit-and-Run Accident?

A hit-and-run accident occurs when a driver involved in a crash leaves the scene without stopping to identify themselves or provide help to the injured. This includes accidents involving pedestrians, bicyclists, parked cars, or other vehicles.

According to California Vehicle Code § 20002 and § 20001, it is illegal to leave the scene of an accident without exchanging information or helping the injured, regardless of who caused the crash. Fleeing the scene can result in criminal charges in addition to civil liability.

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

If you’ve just been involved in a hit-and-run, here are the first critical steps you should take:

1. Move to Safety

Whether you’re in a vehicle, walking, or cycling, your first priority is your safety. If you’re physically able, move to a secure area away from traffic and potential danger. Avoid standing in the road, especially on highways or busy intersections.

2. Call 911 Immediately

Even if your injuries seem minor, always call 911 to report the accident and request medical assistance. Make sure to:

• Report the accident to the police right away
• Get checked by emergency medical personnel
• Give an accurate account of what happened

The police will create an official accident report, which will be an important piece of evidence later in your insurance or legal claim.

3. Gather Evidence While You Can

In hit-and-run cases, time is crucial. If you’re able, collect as much information as possible before the scene changes or people leave.

Here’s what to look for:

• The make, model, and color of the other vehicle
• The license plate number (even partial information helps)
• Unique details like dents, bumper stickers, or paint damage
• A description of the driver (gender, age, race, clothing)
• Time and location of the accident
• Photos and videos of the accident scene, damages, and injuries

If you are not in a condition to do this yourself, ask someone nearby to help.

4. Talk to Witnesses

Eyewitnesses can be vital to your claim. Approach anyone nearby who may have seen what happened and ask for:

• A description of the fleeing driver or vehicle
• Their full name and contact information
• A written or recorded statement if they’re willing

Some may even have dashcam footage or photos of the suspect vehicle.

5. Look for Surveillance Cameras

Check the area for:

• Traffic cameras
• Security cameras on nearby buildings
• Doorbell cameras (in residential areas)
• Business cameras if near a store or parking lot

Footage from these cameras can help identify the hit-and-run driver and support your claim.

Who Pays for Your Injuries in a Hit-and-Run?

Here’s where things get tricky. If the at-fault driver cannot be located, you may have to turn to your own insurance coverage.

1. Uninsured Motorist Coverage (UM/UIM)

In California, uninsured motorist coverage is optional, but highly recommended. If you have this coverage, it can help pay for:

• Medical expenses
• Lost wages
• Pain and suffering
• Funeral costs (in the worst-case scenarios)

Even if the driver fled the scene, your insurer may consider it an "uninsured motorist" situation and cover you under this policy.

2. Collision and Medical Payments Coverage

If you don’t have uninsured motorist coverage, other types of optional coverage may help:

• Collision coverage can pay for damage to your vehicle.
• Medical payments coverage (MedPay) can help with immediate medical bills regardless of fault.

It’s important to note that insurance companies will try to minimize payouts, even when you're their customer. This is where having an experienced personal injury attorney comes in.

How an Auto Accident Lawyer Can Help

Dealing with a hit-and-run accident on your own can be overwhelming. Insurance adjusters may deny your claim, offer a lowball settlement, or drag out the process.

At Mercado & Sacramento, PC, our attorneys know how to:

• Investigate hit-and-run accidents
• Work with law enforcement to identify the at-fault driver
• Deal with your insurance company and negotiate better settlements
• File a lawsuit if necessary to recover damages

We are based in the Bay Area and understand the unique challenges of California hit-and-run laws. Our firm has successfully helped numerous clients in Oakland, San Francisco, San Jose, and surrounding cities.

What Damages Can You Recover?

If you’re injured in a hit-and-run accident, you may be eligible to recover:

• Medical expenses (past and future)
• Lost wages and future earning capacity
• Pain and suffering
• Vehicle repair or replacement
• Emotional distress
• Punitive damages (if the driver is found and their conduct was especially reckless)

Even if the driver is never found, your uninsured motorist policy may still cover many of these damages.

What If the Hit-and-Run Driver Is Found?

If law enforcement identifies the driver who fled the scene, you may have the opportunity to:

• File a civil lawsuit against them for damages
• Pursue compensation through their insurance (if they have any)
• Testify in criminal court (if charges are filed)

Even if they’re uninsured or underinsured, legal action might be worth pursuing—especially if the driver has assets.

Final Thoughts: Don’t Navigate This Alone

Hit-and-run accidents are traumatic, frustrating, and legally complex. You deserve to focus on your healing, not on chasing down paperwork or battling with insurance companies.

At Mercado & Sacramento, PC, we’re here to guide you through every step. We’ll help you gather evidence, protect your legal rights, and fight for the compensation you deserve. Whether the at-fault driver is found or not, we won’t stop until you get justice. 📞 Call us now at (510) 340-4LAW