If a driver hit you while you were walking and fled, California law still gives you a path to compensation, even if that driver is never found. Your own Uninsured Motorist coverage, or a household member’s policy, can often pay.
To protect that claim, you must report the crash within 24 hours and give your insurer a sworn statement within 30 days.
In this article, you will discover what to do in the first 24 hours, how Uninsured Motorist coverage works for pedestrians, and which deadlines can close your case.
What Is a Hit-and-Run in California?
A hit-and-run happens when a driver strikes a pedestrian and leaves the scene without stopping, sharing their identity, or offering any help. California Vehicle Code §20001 makes this a crime, and the crime is the act of leaving, not just causing the crash.
When an accident results in injury or death, a hit-and-run can be charged as a felony. A convicted driver may face criminal penalties, including possible imprisonment and fines.
What Should You Do After a Pedestrian Hit-and-Run?
What you do in the first 24 hours can make or break your ability to get compensation. Here is the order of steps you should take right away.
Call 911 and Get Medical Care Immediately
Call 911 right away, even if you feel okay in the moment. Adrenaline can mask serious injuries. Internal bleeding, spinal damage, and concussions often show no symptoms for hours after impact.
Getting medical care also creates an official record that directly links your injuries to the accident. Without it, an insurance company may argue your injuries occurred elsewhere, and an emergency room bill alone can run between $5,000 and $30,000, depending on the severity of your injuries.
File a Police Report within 24 Hours
If you want to use your own car insurance to cover your losses, California law requires you to file a police report within 24 hours of the accident under Insurance Code §11580.2. Miss this deadline and your insurer has grounds to deny your claim entirely. Make sure you get the report number before you leave the hospital.
Gather Evidence at the Scene
If you are physically able, collect as much information as possible before you leave. If you cannot move, ask a bystander to help you.
- Photos: Capture your injuries, the accident scene, any skid marks, and debris left by the vehicle.
- Vehicle Details: Note the color, make, model, any partial plate number, and the direction the car fled.
- Witnesses: Get the name and phone number of anyone who saw what happened.
One pattern our California pedestrian accident lawyers consistently see in Inland Empire hit-and-run pedestrian cases is a crash on a wide, busy street like Base Line Street in San Bernardino or Magnolia Avenue in Riverside, where gas stations and strip malls have cameras pointed at the road.
That footage is often recorded over within days. Telling the officer about nearby cameras, and calling us quickly, gives everyone the best chance of identifying the car.
Do Not Give a Recorded Statement to Any Insurer
An insurance adjuster, even from your own insurance company, may call you within hours wanting a recorded statement. Do not give one until you have spoken with an attorney from our firm. Adjusters are trained to use your own words against you to limit or deny what they owe you.
Can You Get Compensation if the Driver Is Unknown?
Yes. And this surprises most people we talk to. Being struck by a driver who fled does not mean you are left with nothing. There are real, legal paths to compensation even when the driver is never identified.
How Uninsured Motorist Coverage Works
Uninsured Motorist (UM) coverage is a part of your own auto insurance policy. It pays for your injuries and losses when the at-fault driver has no insurance, or, in a hit-and-run, cannot be identified at all. If you or a resident family member has an auto policy with UM coverage, that policy may cover you as a pedestrian.
Medical Payments (MedPay) coverage is another option. MedPay is an add-on to an auto policy that pays your medical bills up to a set dollar limit, regardless of who caused the crash. If no auto insurance exists in your household at all, your personal health insurance can still help pay for your treatment.
What Is the Physical Contact Rule?
To use UM coverage in a hit-and-run case, California requires that the fleeing vehicle actually physically contacted you. If a car swerved at you and you fell while jumping out of the way, your UM coverage would likely not apply because there was no contact between you and the vehicle. An attorney can still look for other coverage options in that situation.
What Are the Two Deadlines You Cannot Miss?
Two strict deadlines protect your right to file a UM claim:
- 24 hours: A police report must be filed within 24 hours of the accident.
- 30 days: A sworn statement must be given to your own insurer within 30 days.
Missing either deadline gives your insurer the legal right to deny your claim completely.
What if You Do Not Own a Car?
Many pedestrians do not have their own car insurance, and that does not disqualify you from coverage. If you live with a family member who has an auto policy with UM coverage, their policy may extend to cover you as a pedestrian. We will investigate every possible source of coverage for your case. Our consultations are free, and we are typically available same- or next-day.
What Damages Can You Claim After a Hit-and-Run?
California law allows you to recover two categories of compensation: economic damages and non-economic damages. Economic damages are your direct, measurable financial losses, the ones with a specific dollar amount. Non-economic damages compensate you for the personal, human cost of what you went through.
| Damage Type | What It Covers |
| Medical Bills | Emergency care, surgery, physical therapy, and future treatment |
| Lost Wages | Income lost during recovery and reduced earning ability going forward |
| Pain and Suffering | Physical pain, emotional distress, anxiety, and PTSD |
| Out-of-Pocket Costs | Damaged property, transportation to appointments, and related expenses |
| Punitive Damages | Awarded in rare cases of extreme recklessness, such as a drunk driver who fled |
Pain and suffering is often the most underestimated category. The anxiety you feel crossing a street again, the nightmares, and the emotional weight of a long recovery are real losses that California courts recognize. Do not let an insurance company tell you those losses are not worth much.
If your doctors placed a lien on your case, meaning they are waiting to be paid from your settlement, we negotiate those balances down so more money stays in your pocket. A good attorney does not just look at your bills today. They look at the long-term impact your injuries will have on your ability to work, earn a living, and enjoy your life.
Who Is Liable in a Pedestrian Hit-and-Run?
The driver who struck you is the obvious party, but they are rarely the only one. Identifying every liable party is often what separates a partial recovery from a full one.
- The fleeing driver: The person who struck you and left carries primary legal responsibility for your injuries.
- An employer: If the driver was working at the time, such as a delivery driver or an employee on duty, their employer may also be held liable.
- A government entity: If a broken traffic signal, poor crosswalk design, or inadequate street lighting contributed to the accident, a city or county may share responsibility. These claims carry a strict six-month filing deadline under Government Code §911.2, far shorter than the standard two-year window, and many people do not know this until it is too late.
California also uses a rule called pure comparative negligence. Even if you were partially at fault, for instance by crossing outside a crosswalk, you can still recover compensation, reduced only by your percentage of fault.
What we see when the driver is never found is that the case often turns on coverage rather than fault. A pedestrian who does not own a car may still be covered as a resident relative under a parent’s, spouse’s, or adult child’s auto policy. We review every policy in the household before telling a client there is no coverage.
How Long Do You Have to File a Hit-and-Run Claim in California?
For most personal injury claims, you have two years from the date of the accident to file under Code of Civil Procedure §335.1. But several exceptions can close that window much sooner.
- Standard personal injury claim: Two years from the date of the accident.
- Claim against a government entity: Only six months from the date of the accident under Government Code §911.2.
- UM arbitration: You must settle, demand arbitration, or file a lawsuit within two years.
If you miss the applicable deadline, you permanently lose your right to any compensation, no matter how serious your injuries are. The sooner you call us, the sooner we can protect that right.
Why Hire Krasney Law Accident Attorneys After a Pedestrian Hit-and-Run?
The moment that driver fled the scene, your insurance company began building a case to pay you as little as possible. You are not just dealing with physical pain and medical bills. You are up against trained professionals whose job is to protect their company’s bottom line. We are the firm that stands between you and that outcome.
Calling a personal injury attorney does not make you “sue happy.” It is the most responsible step you can take when someone else’s negligence leaves you with injuries, bills, and time away from work.
Here is what working with us looks like:
- You talk directly to your attorney: Not a case manager handling hundreds of other files. Your actual lawyer.
- No upfront costs: We advance every case expense, including police reports, medical records, expert witnesses, and depositions, entirely out of our own pocket.
- Medical care starting today: Our network of doctors will treat you now and wait to be paid from your settlement.
- 35+ years of California experience: Robert A. Krasney focuses his practice on personal injury matters in California courts.
- You never pay a fee if we don’t recover money for you: We work on strict contingency. If we do not win, you owe us nothing.
We also send investigators out fast, canvassing nearby businesses for camera footage, tracking down witnesses, and documenting physical evidence before it disappears.
Frequently Asked Questions
Can I Recover Compensation if the Hit-and-Run Driver Is Never Found?
Yes. You can often recover through your own Uninsured Motorist coverage or a household family member’s policy, provided you filed a police report within 24 hours and submitted a sworn statement within 30 days to your insurer.
Does Uninsured Motorist Coverage Apply if I Don’t Own a Car?
It may. If you live with a family member who has an auto policy with UM coverage, their policy generally extends to protect you as a pedestrian even without a car of your own.
What if the Hit-and-Run Vehicle Never Made Physical Contact with Me?
California’s UM rules require actual physical contact between the vehicle and you, so a near-miss where you fell while avoiding the car would typically not qualify, but an attorney may find other coverage sources that still apply to your situation.
Will My Insurance Rates Go Up if I File a UM Claim After a Hit-and-Run?
No. California law prohibits raising rates for making a UM claim when you were not at fault for the accident.
Should I Give a Recorded Statement to My Own Insurance Company After a Hit-and-Run?
Not before you speak with an attorney. You must give your own insurer the sworn statement required for a UM claim within 30 days, but an adjuster’s recorded interview is different, and your words can be used to limit your claim. We handle that communication for you.
What if I Was Jaywalking When the Car Hit Me?
You can still recover compensation under California’s pure comparative negligence rule. Your final settlement will simply be reduced by whatever percentage of fault is assigned to you.
What Is the Average Payout for a Hit-and-Run Pedestrian Accident in California?
There is no single average because every case depends on injury severity, available insurance coverage, and total financial losses, but serious cases involving surgery, permanent disability, or lost earning capacity often result in substantially larger recoveries.
Our Locations
We serve clients across the Inland Empire from our offices in San Bernardino and Rancho Cucamonga, with locations expanding to Riverside, Moreno Valley, Hemet, and Murrieta-Temecula. We offer free same- or next-day consultations, available in person or by video conference.
“If I could give them 10 stars I would! I highly highly recommend Krasney Law Accident Attorneys! And a special shot out to Claudia. . She was very helpful and always kept me updated and she was always a pleasure to speak with. Claudia and the team took very good care of me and I couldn’t be happier with the outcome. This was my first time ever using an attorney and Law office after my accident and I’m so happy I chose Krasney Law Accident Attorneys.” – G Campos
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