California Hit-and-Run Uninsured Motorist Coverage

Can Auto Insurance Cover a Hit-and-Run Injury?

Unfortunately, hit-and-run collisions happen. A driver causes a crash, injures someone, and then leaves the scene without stopping or providing insurance information. For the injured person this can make an already difficult situation even more traumatic. There may be significant medical bills, lost income, and other damages, but seemingly no insurance company to pursue because the responsible driver cannot be identified.

Fortunately, your own automobile insurance may provide protection.

UM/UIM Coverage Can Protect You After a Hit-and-Run

California automobile policies generally offer uninsured and underinsured motorist coverage—commonly referred to as UM/UIM coverage. Unless that coverage has been properly waived or reduced, it should be available to insure a motorist at the same limits they insure others where the at-fault driver either does not carry insurance, has less insurance, or, if it is a hit-and-run situation. 

In practical terms, that means that your own insurance company can step into the place of the insurance of the driver who fled. If that driver’s negligence caused the collision, you may be able to recover compensation under your UM coverage for medical expenses, lost earnings, pain and suffering, and other recoverable damages, up to the applicable policy limits.

There is an important requirement in a hit-and-run case: California’s uninsured motorist statute generally requires physical contact between the hit-and-run vehicle and you or the vehicle you were occupying. If an unidentified car simply cuts you off and causes you to crash without making contact, UM coverage may not apply, even if there are witnesses who confirm exactly what happened.

You Don't Necessarily Have to Be in Your Car

One of the less obvious benefits of UM/UIM coverage is that it often protects the person, not simply the insured automobile.

For example, if you are the named insured and are struck by a hit-and-run vehicle while riding a bicycle, your automobile UM coverage may still protect you. The same is true if you are a pedestrian struck by a vehicle that then “runs.” California courts have recognized the broad scope of this protection and settled that a named insured can be covered by UM/UIM insurance, whether riding in a vehicle, walking, riding a bicycle, so long as the incident was caused by an uninsured driver in a vehicle.

So, if you are hit by a car while crossing the street or riding your bike, don’t assume that your automobile insurance is irrelevant simply because you weren’t driving at the time.

The 24-Hour Reporting Requirement Is Critical

Hit-and-run UM claims have special reporting requirements that can easily catch an injured person by surprise.

Under California Insurance Code section 11580.2, an accident involving an unidentified driver must be reported to the appropriate law enforcement agency within 24 hours. This is particularly important because someone who has just been injured may be focused on getting medical treatment—not on the technical requirements of an insurance claim.

If police respond to the collision, there will ordinarily be a record of the incident. But police do not always come to the scene of every collision. And in a serious accident, the injured person may be transported directly to the hospital before having any meaningful opportunity to speak with an officer.

In those circumstances, you may be able to make what is commonly called a “counter report” or citizen’s report. Rather than an officer coming to the accident scene and conducting an investigation, the injured person goes to the appropriate police, sheriff, or CHP office and reports the collision. The report documents the person’s account of what occurred. If you are dealing with a hit-and-run, make clear that you are attempting to timely report the collision and keep documentation showing when the report was made.

Don't Forget the Insurance Company

There is a second deadline. California law requires the insured to provide the insurer, within 30 days, a statement under oath asserting that the insured has a claim against an unidentified person and setting forth the supporting facts.

Don’t wait until the police investigation is complete or until you know the full extent of your injuries. Notify your automobile insurance company promptly and specifically advise it that the collision involved a hit-and-run driver and that you are making a potential uninsured motorist claim.

Hit-and-run cases present unusual insurance issues, and seemingly minor reporting requirements can have major consequences. If the driver who injured you fled the scene, the absence of that driver does not necessarily mean there is no insurance available. Your own UM coverage may provide the protection the hit-and-run driver failed to provide.

If you or a loved one has been injured in a California hit-and-run, contact Dolan Law Firm for a free case evaluation, visit our vehicle injury services page, or dial #4HELP (#44357) from your mobile phone to connect with our team.