How Hit-and-Run Accident Claims Work and Who Pays You

You can usually still recover after a hit-and-run through your own insurance, mainly uninsured motorist (UM) coverage, plus MedPay or PIP and collision. The catch is that UM coverage for an unknown driver often requires a fast police report. Many states also require proof the other car actually hit you.

What should you do in the first hour?

Stay at the scene, call 911 and ask for an officer to take a report. A report made that day is the single most useful document for a hit-and-run claim, and some coverage depends on it.

• Write down any part of the plate, the make, model, color and direction of travel while it's fresh.
• Get names and phone numbers of every witness. In some states, an independent eyewitness can substitute for proof of physical contact.
• Photograph paint transfer, damage and debris. Paint on your bumper is evidence of physical contact.
• Look for cameras at nearby businesses, doorbells and traffic lights. Footage is often recorded over within days.
• Get checked by a doctor the same day or the next, even for mild pain.

In California you may also owe the DMV an SR-1 report within 10 days if anyone was hurt or damage exceeds $1,000. See what to do after a car accident for the full checklist.

How fast do you have to report a hit-and-run?

Often within 24 hours, if you want UM coverage for an unidentified driver. California and New York both set that deadline by statute.

In California, Insurance Code §11580.2(b) requires you to report the accident within 24 hours to the police, sheriff or California Highway Patrol. You must also file a statement under oath with your insurer within 30 days.

In New York, people without their own UM coverage may claim through the Motor Vehicle Accident Indemnification Corporation (MVAIC). Insurance Law §5208 requires a police report within 24 hours and a notice of claim to MVAIC within 90 days.

New York excuses a late police report if it wasn't reasonably possible to make one sooner and you reported as soon as you could. Don't count on that exception. Report the same day.

Does the other car have to physically hit you?

In several states, yes. A "miss-and-run," where a driver forces you off the road without touching your car, may not qualify for UM coverage.

• California: §11580.2(b)(1) covers an unknown driver only if the injury "arose out of physical contact" with your vehicle or you.
• Texas: Insurance Code §1952.104(3) requires "actual physical contact" between the unknown vehicle and the insured or their property.
• New York: Insurance Law §5217 requires physical contact for MVAIC hit-and-run claims.
• Georgia: O.C.G.A. §33-7-11 accepts either physical contact or a description of the crash corroborated by an eyewitness other than you.

See our Texas and Georgia pages for more on each state's rules.

Which insurance pays after a hit-and-run?

Usually your own, in a set order. Here is what each coverage does when the other driver can't be found.

Uninsured motorist bodily injury

UM pays for medical bills, lost wages and pain and suffering as if the missing driver had been insured, up to your UM limit. It is a claim against your own insurer, and in California disputes go to arbitration under §11580.2(f). Our guide to uninsured and underinsured motorist claims covers limits and deadlines.

MedPay or PIP

These pay medical bills regardless of fault. In Florida, PIP pays up to $10,000 if a doctor finds an emergency medical condition. You must get initial care within 14 days of the crash. See PIP vs. MedPay vs. health insurance.

Collision

Collision pays to repair your car minus your deductible, whoever was at fault. It is often the only route for car damage in a true hit-and-run.

If you carry only liability coverage, no part of your own policy pays for your car. Your options then are a claim against the driver if police find them, or restitution in a criminal case.

Health insurance

Your health plan pays medical bills under its normal rules, subject to deductibles and copays. Most plans expect repayment if you later recover from the driver or your UM coverage. See our guide to medical liens.

California's UM property damage coverage, capped at $3,500 under Insurance Code §11580.26, pays only if the other driver or the vehicle's plate is identified. Without a plate, collision is what's left.

What if the police find the driver?

If the driver is identified, you can claim against their liability insurance like any other crash. If they had none, your UM coverage still applies.

Leaving the scene of an injury crash is a crime. In California, Vehicle Code §20001 carries up to 4 years in state prison when the crash causes death or permanent, serious injury.

A criminal conviction can also bring restitution. Penal Code §1202.4(f) requires the court to order restitution when a victim suffers economic loss, including medical bills and lost wages.

That order is enforceable "as if the order were a civil judgment." Restitution doesn't bar a separate civil claim. What you collect from the defendant is credited against any civil recovery for the same loss.

Can a state crime victim program help?

Often, yes. California and Texas both treat a hit-and-run as a crime for victim compensation, but these programs pay last. They cover losses only after insurance and other sources are used.

The California Victim Compensation Board covers hit-and-run and pays up to $70,000 per approved application. You generally have 7 years from the crime to apply and must cooperate with police and prosecutors.

The Texas Crime Victims' Compensation Program covers failure to stop and render aid. It pays up to $50,000, plus up to $75,000 more for total and permanent disability, and you must apply within 3 years.

Texas also requires that the crime be reported to police within a reasonable time.

What should you do this week?

1. Confirm you have a police report number, and get a copy of the report once it's ready.
2. Notify your insurer in writing and ask which coverages apply: UM, MedPay or PIP, collision and rental.
3. In California, send your sworn statement to your insurer well before the 30-day mark.
4. Ask police whether they found the driver, and give them any camera footage you collected.
5. If you need ongoing care or your insurer disputes the claim, compare lawyers with our city rankings and our questions to ask a personal injury lawyer.