Hit and Run in California: Laws, Penalties, and What to Do (2026)

# Hit and Run in California: What You Need to Know

> **KEY FACTS:**
> – Hit and run is **criminal** in California — misdemeanor or felony
> – California has **strong hit-and-run penalties** including prison time
> – **UM/UIM** and **collision** coverage are your primary claim options
> – File **SR-1** with DMV within 10 days
> – Statute of limitations: **2 years PI**, **3 years PD**

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## California Hit-and-Run Laws

California law (Cal. Veh. Code §§ 20001-20004) requires every driver involved in an accident to:
– **Stop** at the scene
– **Provide** identification and insurance information
– **Render reasonable assistance** to injured persons

### Criminal Penalties

| Scenario | Classification | Penalty |
|———-|—————|———|
| Property damage only (§ 20002) | Misdemeanor | Up to $1,000 fine + up to 6 months jail |
| Injury (§ 20001) | Wobbler (misdemeanor or felony) | Up to $10,000 fine + up to 1 year (misdemeanor) or 2-4 years (felony) |
| Serious injury or death (§ 20001(b)(2)) | Felony | Up to $10,000 fine + 2-4 years prison |
| Death with prior DUI (§ 20001(c)) | Felony | 4-10 years prison |

California treats hit and run involving injuries as a **”wobbler”** — prosecutors can charge it as a misdemeanor or felony depending on circumstances.

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## What to Do If You Are a Hit-and-Run Victim

### At the Scene

1. **Stay at the scene** — do not pursue the other driver
2. **Call 911** — report immediately
3. **Capture vehicle details:**
– License plate (even partial)
– Make, model, color, year
– Direction of travel
– Driver description
4. **Get witness information** — witnesses are critical
5. **Photograph everything** — your damage, debris, road conditions
6. **Check for cameras** — traffic cameras, business cameras, other drivers’ dashcams

### After the Scene

7. **Get the police report**
8. **File SR-1** with the California DMV within **10 days** if injury or $1,000+ damage
9. **Contact your insurer** — report the hit and run
10. **Seek medical attention** — document injuries immediately

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## Filing a Claim After a Hit and Run

### Primary Options

**1. Uninsured Motorist (UM) Coverage:**
– Treats the unidentified driver as uninsured
– Covers medical bills, lost wages, pain and suffering
– File with your own insurer
– Most policies require a police report for hit-and-run claims
– California law requires insurers to offer UM coverage; you must actively decline it

**2. Collision Coverage:**
– Covers your vehicle damage (minus deductible)
– Does not require identifying the other driver

**3. MedPay:**
– Covers medical expenses regardless of fault
– No need to identify the other driver

### ~15% Uninsured Rate

California has a high uninsured driver rate. Many hit-and-run drivers flee specifically because they lack insurance. UM coverage is particularly important in California.

### If the Driver Is Identified

If police find the driver:
– File a **third-party claim** against their insurance
– File a **lawsuit** for damages
– California’s **pure comparative negligence** allows recovery at any fault level
– The hit-and-run **strengthens your civil case**

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## The SR-1 Requirement

Even for hit-and-run accidents, you must file an SR-1 with the DMV within 10 days if:
– Anyone was injured
– Property damage exceeds $1,000

This is **separate from the police report** and failure to file can result in license suspension.

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## Frequently Asked Questions

### Is hit and run a felony in California?
If injuries are involved, it is a **wobbler** — can be charged as a misdemeanor or felony. Property damage only is a misdemeanor. Cases involving death can result in up to 4-10 years in prison.

### What if I do not have UM coverage?
Collision coverage covers vehicle damage. Health insurance covers medical bills. California law requires insurers to offer UM — if you did not actively decline it, check your policy.

### Do I still need to file an SR-1?
Yes. Even for hit-and-run accidents, file the SR-1 within 10 days if the thresholds are met.

### How long do I have?
2 years for personal injury, 3 years for property damage. Only 6 months if a government vehicle was involved.

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## Related Guides

– [What to Do After a Car Accident in California](/california/car-accident-guide/)
– [California Car Accident Laws](/california/car-accident-laws/)
– [How to File an Insurance Claim in California](/california/insurance-claim/)

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**DISCLAIMER:** This website is not a law firm and does not provide legal advice. This page provides general educational information only. Always consult a licensed attorney in your state for advice specific to your situation. This is not medical advice. If you have been injured, seek immediate medical attention. Last updated: March 2026.