Unfortunately, hit-and-run accidents are not uncommon in California, and victims often find themselves wondering can I sue for a hit and run in California?
Being involved in a hit-and-run accident can be a terrifying and traumatic experience. Hit-and-run accident victims are often left with serious injuries, mounting medical bills, and lost wages. In this blog post, we will explore the laws surrounding hit-and-run accidents in California and discuss the potential for victims to pursue legal action. Whether you’ve been a victim of a hit-and-run or simply want to be prepared in case it happens, understanding your legal rights and options is crucial.
Understanding Hit and Run Accidents in California
A hit-and-run accident occurs when a driver involved in a collision leaves the scene without identifying themselves or providing assistance to the injured party. In California, this is considered a serious offense under the law. The California Vehicle Code (CVC) specifically addresses hit-and-run incidents, imposing legal responsibilities on all drivers involved in accidents.
Under California law, drivers are required to stop immediately at the scene of an accident, regardless of fault, and exchange identification and insurance information with the other party involved. They must also provide reasonable assistance to anyone who was injured in the accident, such as calling for medical help. Failure to do so can result in severe penalties, including criminal charges.
Reporting a Hit and Run Accident
If you are involved in a hit-and-run accident in California, it is crucial to take immediate action. The first step is to ensure your safety and the safety of others involved. If possible, try to gather as much information as you can about the fleeing vehicle, including its license plate number, make, model, and any distinguishing features.
Next, contact the police to report the incident. Provide them with all the relevant details, including any information you were able to gather about the other vehicle. Filing a police report is essential not only for documenting the incident but also for any potential insurance claim or legal action you may decide to pursue.
Seek Immediate Medical Attention
Even if you don’t feel immediate pain or notice any injuries, it’s essential to seek medical attention after a hit-and-run accident. Some injuries may not manifest immediately, and a medical evaluation will ensure any hidden injuries are properly documented and treated.
If you intend to seek compensation for injuries sustained in the hit-and-run accident, it is important to document your injuries through continuous medical treatment.
Pursuing Legal Action in a Hit-and-Run Case
If you have been a victim of a hit-and-run accident in California, you may be wondering if you can sue the responsible party for damages. While the hit-and-run driver may not be immediately identifiable, it is still possible to pursue legal action through other avenues.
If the hit-and-run driver is identified, criminal charges may address the wrongdoer’s actions, but they may not fully compensate the victim for the damages they have suffered. In California, hit-and-run victims have the right to pursue a personal injury lawsuit against the at-fault driver to seek compensation for their losses. Filing a personal injury lawsuit can provide a way for victims to recover medical expenses, property damage, lost wages, pain and suffering, and other damages resulting from the accident. This can be done even if the driver has minimal or no insurance coverage. However, the success of such a lawsuit will depend on various factors, such as the strength of the evidence, the extent of your injuries, and the hit-and-run driver’s ability to pay damages from any judgment you may receive.
Another option is to file a claim with your own auto insurance company. If you have uninsured motorist coverage (UM), it may cover your medical expenses, pain and suffering, property damage, and other losses resulting from the hit-and-run accident. UM coverage is designed to protect you in situations where the at-fault driver is either unidentified or lacks insurance.
Seeking Legal Representation
Navigating the legal process after a hit-and-run accident can be complex and overwhelming, especially when dealing with injuries and emotional distress. It is highly recommended to seek the assistance of our experienced personal injury attorneys specializing in hit-and-run cases. They can guide you through the legal procedures, help gather evidence, negotiate with insurance companies, and represent your interests in court if necessary. Our award-winning legal team will seek the best outcome for your hit-and-run accident claim.
Time Limit to File a Hit-and-Run Lawsuit in California
In California, there is a specific time limit, known as the statute of limitations, for filing a hit-and-run case. The statute of limitations sets a deadline within which legal actions must be initiated. The time limit for hit-and-run cases can vary depending on the type of claim being pursued. Here are the general time limits for filing a hit-and-run case in California:
Personal Injury Claims: If you suffered injuries in a hit-and-run accident and wish to file a personal injury claim against the responsible party, you generally have two years from the date of the accident to file the lawsuit. This applies to claims seeking compensation for medical expenses, pain and suffering, lost wages, and other damages resulting from the injuries.
Property Damage Claims: For property damage claims resulting from a hit-and-run accident, such as damage to your vehicle, the statute of limitations is typically three years from the date of the accident. It’s important to note that this timeframe applies specifically to property damage claims and not personal injury claims.
Uninsured Motorist Claims: If you are pursuing an uninsured motorist claim through your own insurance company due to a hit-and-run accident, it is advisable to check your insurance policy for any specific deadlines or notice requirements. Insurance policies may have their own time limits for filing uninsured motorist claims, which may differ from the general statute of limitations for personal injury or property damage claims.
It’s crucial to adhere to the applicable statute of limitations for your hit-and-run case. Failing to file a lawsuit within the specified time limit can result in the loss of your right to seek compensation through the legal system.
However, it’s important to consult with our experienced hit-and-run accident lawyers to understand the specific time limits that apply to your case. They can evaluate the circumstances, review any potential exceptions or tolling provisions that may extend the deadline, and guide you through the legal process to ensure the timely filing of your claim.
Promptly seeking legal assistance after a hit-and-run accident is recommended to ensure that your rights are protected and to allow sufficient time for investigation, negotiation, and any necessary legal action.
Conclusion
Being a victim of a hit-and-run accident can leave you feeling helpless, but it’s important to remember that you do have legal options in California. By promptly reporting the incident, gathering evidence, and seeking legal representation, you can position yourself for the best possible outcome.
We offer hit-and-run accident victims a free consultation and work on a contingency fee basis. There is no fee unless we recover compensation for you.
We understand that attorney’s fees are a leading cause of victims not seeking the legal representation they desperately need. That’s why we work on our client’s cases on a contingency fee arrangement. Clients pay nothing upfront.
Our legal fees are calculated based on a percentage of the compensation we recover for you. That means that if there is no compensation recovered for you, there is no fee, and you owe us nothing.
We want everyone who has been seriously injured to be able to access high-quality legal counsel for their personal injury case, and we have helped countless accident victims recover compensation for their injuries.
Contact us today for a free consultation and case evaluation.
Read next: What happens when you are hit by an uninsured driver?
The general information provided on this website should not be considered legal advice and does not constitute legal advice. For legal advice, you should consult directly with an attorney regarding your specific situation. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney-client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.
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