If you’ve been hit by another driver who fled the scene, you’re facing more than just vehicle damage. You’re dealing with injuries, medical bills, and the frustration of an unidentified at-fault driver. At DJA Injury Attorneys, we understand the challenges hit-and-run victims face. Our Huntington Beach hit-and-run accident lawyers have recovered millions for clients. We use aggressive negotiation and litigation to fight for your compensation. With Jeff Schwalbach, a former insurance defense attorney, leading our firm, we know how insurers evaluate these cases.
What Is a Hit-and-Run Accident in California?
A hit-and-run accident occurs when a driver involved in a collision leaves the scene without providing contact information, insurance details, or assistance to injured parties. Under California Vehicle Code § 20001, drivers must stop at the scene of any accident. They must provide their name, address, phone number, and insurance information to other parties involved. They must remain at the scene until police arrive or until it’s safe to leave.
Hit-and-run accidents differ significantly from standard car accidents. The at-fault driver is often unidentified or unlocated. This creates a unique legal situation where victims must pursue recovery through their own insurance coverage. The criminal nature of leaving the scene compounds the problem. The driver who hit you may face criminal charges, but that doesn’t automatically help you recover compensation for your injuries.
What makes hit-and-run cases particularly challenging is that they often involve uninsured or underinsured motorists. Many drivers who flee the scene lack proper insurance coverage. Understanding your own policy’s protections becomes critical to your recovery.
Hit and Run Laws and Penalties in California
California Vehicle Code § 20001 establishes strict requirements for drivers involved in accidents. The law distinguishes between two types of hit-and-run violations based on the severity of the accident and the injuries involved.
Misdemeanor Hit and Run applies when the accident causes property damage or minor injuries. Penalties include up to one year in county jail, fines between $1,000 and $10,000, or both. Additionally, the driver’s license may be suspended for one year. A misdemeanor conviction can impact employment and housing opportunities.
Felony Hit and Run applies when the accident causes serious injury or death. Felony charges carry penalties of 16 months to three years in state prison. Fines reach up to $10,000, and mandatory license suspension lasts a minimum of one year. A felony conviction also results in a permanent criminal record that affects your future significantly.
Beyond criminal penalties, hit-and-run convictions dramatically impact insurance rates. Insurance companies view hit-and-run drivers as high-risk, which results in substantially increased premiums or policy cancellation. A criminal conviction may also affect the driver’s ability to obtain future employment, housing, or professional licenses.
For victims, understanding these penalties matters because it establishes the seriousness of the offense. This may help in settlement negotiations. However, criminal prosecution doesn’t guarantee you’ll recover compensation. That’s where civil litigation becomes essential.
How Hit-and-Run Accidents Affect Your Injury Claim
The hit-and-run nature of your accident fundamentally changes how you pursue compensation. Since the at-fault driver is unidentified or unlocated, you cannot file a claim directly against their insurance policy. Instead, you rely on your own insurance coverage to recover damages.
Uninsured Motorist (UM) Coverage is your primary recovery source in hit-and-run cases. UM coverage applies when you’re hit by an unidentified driver, an uninsured driver, or a hit-and-run driver. This coverage pays for your medical expenses, lost wages, pain and suffering, and other damages up to your policy limits. Most California drivers carry UM coverage, though it’s not mandatory. It’s essential protection for hit-and-run accidents.
Underinsured Motorist (UIM) Coverage applies if the at-fault driver is eventually identified but carries insufficient insurance. UIM coverage bridges the gap between the at-fault driver’s policy limits and your actual damages. Note: UIM does not apply to unidentified hit-and-run drivers. UM coverage is your primary protection in those cases.
Medical Payments (MedPay) Coverage provides immediate payment for medical expenses regardless of fault. This coverage helps pay hospital bills, doctor visits, and emergency care. It works while your UM claim is being processed. Understanding your coverage options is critical to maximizing your recovery.
Steps to Take After a Hit and Run Accident in Huntington Beach
Your actions immediately following a hit-and-run accident significantly impact your ability to recover compensation. Here’s what you should do:
- Ensure Your Safety
Move to a safe location away from traffic if possible. If you’re seriously injured, remain at the scene and call 911 immediately. Your safety is the priority.
- Call Law Enforcement
Contact the Huntington Beach Police Department to report the accident. Provide officers with a detailed description of the fleeing vehicle. Include color, make, model, license plate (if visible), and direction of travel. The police report creates an official record essential to your UM claim.
- Document the Scene
Take photographs of your vehicle damage, the accident location, traffic signals, road conditions, and any visible surveillance cameras. These photos preserve critical evidence that may otherwise be lost. Proper documentation strengthens your claim significantly.
- Gather Witness Information
Obtain names, phone numbers, and email addresses from anyone who witnessed the accident. Witness statements are invaluable in establishing what happened and supporting your claim.
- Seek Medical Attention
Even if you feel fine, see a doctor immediately. Some injuries like whiplash, concussions, and internal injuries don’t manifest symptoms right away. Medical documentation creates the foundation for your injury claim. Early medical evaluation is critical.
- Notify Your Insurance Company
Report the accident to your insurance company promptly. Provide them with the police report number, witness information, and medical documentation. Timely notification is often required by your policy.
- Preserve Evidence
Keep all medical records, receipts, repair estimates, and documentation related to the accident. Request surveillance footage from nearby businesses. This footage may identify the fleeing vehicle.
- Contact an Attorney
Reach out to a hit-and-run accident lawyer before accepting any settlement offer. Insurance companies often make lowball initial offers. They hope you’ll accept without legal representation.
Following these steps can make a major difference in the outcome of your case. Acting quickly and thoroughly ensures critical evidence is protected and supports your ability to recover the compensation you deserve.
How We Build Your Hit-and-Run Case
At DJA Injury Attorneys, we approach hit-and-run cases with aggressive strategy. Our process begins with thorough investigation designed to maximize your recovery.
- Investigation and Evidence Gathering
We work with investigators to locate surveillance footage from nearby businesses, traffic cameras, and residential properties. We interview witnesses and obtain detailed statements. We analyze police reports and collaborate with law enforcement to identify the fleeing vehicle whenever possible. Even when the driver remains unidentified, this investigation strengthens your UM claim. It establishes the accident’s circumstances.
- Collaboration with Law Enforcement
We maintain relationships with Huntington Beach Police Department and work cooperatively to support their investigation. If the at-fault driver is eventually identified, we work to get that information to your insurance company immediately.
- Expert Analysis
We retain accident reconstruction experts when necessary to establish how the collision occurred. We determine vehicle speeds and faults. This expert analysis is particularly valuable when insurance companies dispute liability. It helps when they claim you were partially at fault. Understanding negligence is essential to your case.
- Insurance Claim Negotiation
We handle all communication with your insurance company, presenting your case strategically. We demand full documentation of their evaluation. We challenge lowball offers and prepare for litigation if necessary. Our founder’s background as a former insurance defense attorney gives us knowledge of how insurers evaluate claims. We know their tactics and how to counter them.
- Preparation for Litigation
If settlement negotiations stall, we prepare your case for trial. We file suit against your own insurance company’s UM coverage. We present evidence to a jury and fight for maximum compensation. Our track record shows that insurance companies often increase settlement offers substantially when they see we’re serious about litigation.
Compensation Available in Hit and Run Cases
Hit-and-run victims can recover several categories of damages through UM coverage:
Economic Damages include all quantifiable financial losses:
- Medical expenses (emergency care, hospitalization, surgery, physical therapy, ongoing treatment)
- Lost wages from time away from work
- Diminished earning capacity if injuries prevent you from returning to your previous job
- Vehicle repair or replacement costs
- Transportation expenses
Non-Economic Damages compensate for pain, suffering, and life disruption:
- Physical pain and suffering
- Emotional distress and anxiety
- Loss of enjoyment of life
- Scarring or disfigurement
- Reduced quality of life
Future Medical Treatment is often the largest component of hit-and-run settlements. If your injuries require ongoing treatment, surgery, or long-term care, we calculate the present value of those future expenses. We include them in your demand. Understanding compensation helps you evaluate settlement offers.
Punitive Damages are rarely available in hit-and-run cases. You’re pursuing UM coverage rather than suing the at-fault driver directly. However, if the at-fault driver is identified and their conduct was particularly egregious, punitive damages may be available.
Our approach to calculating fair compensation considers all these factors. We don’t accept insurance company valuations. We build our own case valuation based on comparable cases, medical evidence, and expert testimony. This is why our clients recover substantially more than initial settlement offers.
Why Choose DJA Injury Attorneys for Your Hit-and-Run Case
When you’re injured in a hit-and-run accident, you need a Huntington Beach personal injury lawyer who understands both the legal issues and the insurance industry’s tactics. DJA Injury Attorneys brings experience and perspective to your case.
- Depth of Legal Experience
- Experience handling a wide range of injury cases, from minor accidents to complex catastrophic claims.
- Led by attorney Jeff Schwalbach, who previously worked in insurance defense and has represented injury victims for over 10 years, giving DJA Injury Attorneys unique insight into insurer strategies and how to maximize client recovery.
- Industry Recognition
- Super Lawyers Rising Star recognition from 2019–2024, awarded to fewer than 2.5% of attorneys in California for professional achievement and dedication to client service.
- Proven Results
- Multiple six- and seven-figure settlements show we don’t accept lowball offers and are always prepared for trial. Examples include:
- $1,000,000 in a minor impact rear-end collision
- $750,000 in a low-speed ride-share case
- $1,360,000 in a slip and fall case
- $1,350,000 for emotional injuries in a car accident
- $600,000 in a non-surgical car accident
- Client-First Approach
- Contingency fee basis: no upfront costs, no fee unless we win.
- 24/7 availability for urgent needs and fast client support.
- Free, no-obligation consultations to answer your questions and review your case. We give honest, realistic advice from day one.
With DJA Injury Attorneys, you get experience, results, and a legal team dedicated to your recovery every step of the way.
Frequently Asked Questions About Hit and Run Accidents
Can I still recover compensation if the hit-and-run driver is never found?
Yes. This is one of the most important points to understand about hit-and-run cases. Even if the at-fault driver is never identified, you can recover through your uninsured motorist (UM) coverage. UM coverage specifically applies when you’re hit by an unidentified driver. You file a claim with your own insurance company. They pay your damages up to your policy limits. The driver doesn’t need to be found for you to recover. Your UM coverage protects you regardless. This is why having adequate UM coverage is so critical.
How long do I have to file a hit-and-run claim in California?
You have two years from the date of the accident to file a personal injury lawsuit in California. However, you should report the accident to your insurance company immediately. Most policies require prompt notification. Don’t wait to contact an attorney. The sooner we begin investigating, the better we can preserve evidence. We can locate witnesses and build your case. Memories fade, surveillance footage gets deleted, and witnesses become harder to locate as time passes. Early legal representation protects your rights and strengthens your claim.
What if I was partially at fault for the accident?
California follows pure comparative negligence laws. This means you can recover compensation even if you were partially at fault. There is no threshold that bars recovery based on fault percentage. Your recovery is reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $100,000, you can recover $80,000. If you were 60% at fault with $100,000 in damages, you could recover $40,000. Understanding partial fault is important for your case evaluation.
How much is my hit-and-run case worth?
Every case is unique. Case value depends on several factors: the severity of your injuries, the extent of medical treatment required, your lost wages, the impact on your quality of life, your age and life expectancy, and your policy limits. A minor injury case with $10,000 in medical expenses might be worth $30,000-$50,000. A serious injury case with $100,000 in medical expenses and ongoing treatment could be worth $500,000 or more. The only way to know your case’s value is through a professional evaluation. Contact us for a free consultation. We’ll provide an honest assessment of what your case is worth.
Contact DJA Injury Attorneys Today for Help With Your Hit-and-Run Case
If you’ve been injured in a hit-and-run accident in Huntington Beach, don’t handle this alone. Contact DJA Injury Attorneys for a free consultation with an experienced Huntington Beach hit-and-run accident lawyer who will fight for your recovery.
DJA Injury AttorneysHuntington Beach, CA 92648
Phone: (949) 229-7228
Available 24/7
We serve clients throughout Southern California, including Huntington Beach and Santa Ana.