Hit and Run Accidents and Your Legal Rights in California
Mar 30th, 2009 by Legal Staff
There are approximately 700,000 hit-and-run accidents each year in the United States. California perennially ranks at or near the top of all states for having the highest number of hit-and-run accidents, including hit-and-run accidents that result in death. It is estimated that over 11 percent of all traffic accidents in California involve hit-and-run drivers. The accident may involve a collision with another moving vehicle, colliding with a motorcyclist or bicyclist, striking a pedestrian, or hitting a parked car or a fixed object.
There are many reasons why a person would flee the scene of a traffic accident. He or she may be under the influence of alcohol or drugs and is afraid of the consequences. Or the other driver may not have any insurance coverage, as is the case with about 20 percent of California drivers. Or the driver may be here unlawfully (an “undocumented alien” or “illegal immigrant”) and not even have a valid California driver’s license, let alone any insurance, and fear that he or she may be deported as a result of being caught by the authorities for an accident. Or the driver may be driving on a suspended or revoked license, especially when a license has been suspended or revoked for convictions of driving while under the influence of alcohol. In its report “Licensed to Kill,” the Automobile Association of America (AAA) found that an unlicensed driver is over 65 percent times more likely to be a hit-and-run driver than is a licensed driver.
Many unlicensed drivers (particularly undocumented aliens) who get into an accident are driving unregistered vehicles, and when they get into an accident, they simply abandon the car and take off running, never to be found. Because they have not registered the vehicle, it is difficult, if not impossible, to find the driver who fled. Frequently, the unlicensed driver who was involved in a hit-and-run accident and abandoned his or her vehicle, will attend a used-car auction or bank-lien sale and buy a car—perhaps even the same one they abandoned—as no driver’s license is required to purchase a used car at an auction.
The California Vehicle Code requires that the driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person, shall immediately stop his or her vehicle at the scene of the accident. Then, he or she must exchange information regarding his or her name, current address, the names and current addresses of any occupants in his or her car, the registration number of the vehicle, and the name and current address of the owner to the person struck or the driver or occupants of any vehicle collided with. The same information must be provided to any traffic or police officer at the scene of the accident upon his or her request.
In addition to exchanging information, the Vehicle Code requires that the driver in an accident give any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if that transportation is requested by any injured person. At a bare minimum, if someone is injured in an accident, the driver of the other car should call 911 and request the paramedics to treat the injured person.
The failure to stop at the scene of the accident may result in serious criminal penalties, including imprisonment in the state prison, or in a county jail for not more than a year, or by a fine of not less than $1,000 nor more than $10,000, or by both imprisonment and a fine. If the accident resulted in a death or a permanent, serious injury—defined as the loss or permanent impairment of function of a bodily member or organ—failure to stop at the scene of the accident is punishable by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than 90 days not more than one year, or by a fine ranging from $1,000 to $10,000, or by both imprisonment and a fine.
If the accident has resulted in the death of a person, and no traffic or police officer shows up at the scene of the accident to take the required information, the driver must, without delay, report the accident to the nearest office of the California Highway Patrol or local police department. California law requires that all accidents involving personal injury, death, or property damage in excess of $750 be reported to the Department of Motor Vehicles.
A hit-and-run driver who leaves the scene of the accident without leaving sufficient information to identify himself or herself and cannot be located, is considered to be an “Uninsured Motorist” for purposes of automobile insurance coverage for bodily injuries (but not property damage). Where a positive identification of the license plates in a hit-and-run accident has been made, insurance companies will generally initially deny your Uninsured Motorist claim and will try to go after the registered owner of the car that struck you.
If the hit-and-run driver is located, evidence that he fled the scene of the accident can be used against him to prove he or she was at fault for causing the accident, the legal inference being that innocent people don’t flee. However, even if the driver who fled the scene is tracked down, it is of no consequence to the injured party, as such driver probably doesn’t have automobile insurance or savings to pay the costs associated with the accident—such as medical expenses, lost wages, and pain and suffering—and works at a low-paying job.
If the hit-and-run accident results only in damage to the car or other property damage, the driver has the duty to locate and notify the owner or person in charge of the vehicle and exchange his or her contact information (show his or her driver’s license) and give the other party his registration so the information regarding the registered owner, if different, can be notified. If the driver cannot find the owner or person in charge of the car that he or she hit, he or she is obligated to leave in a conspicuous place on the vehicle the name and address of the driver and the vehicle’s owner. The note must also contain a statement of the circumstances that caused the collision. The driver must notify “without unnecessary delay” the police department of the city in which the collision occurred, or, if the collision took place in an unincorporated area, the driver must notify the local office of the California Highway Patrol.
Uninsured Motorist insurance coverage (UM) is coverage you buy from your own insurance company. It pays for bodily injury losses to you and your passengers if you get into an accident caused by a hit-and-run driver (as well as damages caused by a driver who does not have insurance, or has insurance but the limits are insufficient to cover all of the injuries and damages.) California law does not require that you have Uninsured Motorist coverage, but it is definitely something your insurance policy should have. If you do not have uninsured motorist coverage and get into an accident caused by a driver who flees the scene without leaving any identification information (and you couldn’t get his or her vehicle’s license plate number), you are going to have to bear the brunt of the expenses to treat your injuries and fix the damage to your car out of your pocket.
If you do not have Uninsured Motorist coverage, you should discuss with your automobile insurance agent the amount of Uninsured Motorist insurance coverage you should have. If you have good health care insurance that will cover all of your medical bills resulting from a hit-and-run accident, you may wish to have lower uninsured motorist coverage. But health insurance will not pay for your lost wages, pain and suffering, and other damages, or the treatment of passengers in your car who require medical attention. If you have disability insurance, you may make a claim against it for the wages you lost during the period you couldn’t work. But even having health and disability insurance may not be enough to cover all of your physical and emotional injuries arising out of the hit-and-run accident. Uninsured Motorist insurance coverage pays for your medical expenses, lost wages, loss of earning capacity, pain and suffering, disfigurement, and other damages resulting from the accident, up to the limits of your policy. Uninsured Motorist insurance protects not only you but your passengers as well.
Before paying you under the terms of an insured motorist clause of your insurance policy, your insurance company will usually want to conduct its own investigation to ensure that the accident was in fact caused by a hit-and-run driver and not by yourself or someone else operating your car.
As for property damage inflicted by a hit-and-run driver that cannot be located, your insurance coverage is determined by the collision coverage provisions of your insurance policy, not your Uninsured Motorist coverage. For instance, if you have $50,000 in collision coverage, and a $500 deductible, your insurance will pay up to your policy limits (minus your deductible) upon proof of the cost of repairing the vehicle as compared to the fair market value (FMV). If it would cost more to fix the car than the car would be worth, the insurance company will usually pay only the car’s FMV. To save money, many drivers have high deductibles for their collision coverage, and if the car is a few years old, the person may even have decided not to get any collision coverage at all. If you fit into this category, then you will have to pay for all of the expenses to repair your vehicle out of your own pocket if the hit-and-run driver cannot be located.
Statistics from the United States Department of Transportation’s National Highway Traffic Safety show that one out of every five pedestrians struck by a car are struck by a driver who flees the scene without leaving and contact information. Uninsured Motorist coverage usually insures you when you are a pedestrian. For instance, if you’re struck by a car while walking across the street in a crosswalk and the car leaves the scene without stopping and the driver exchanging information or coming to your aid, Uninsured Motorist coverage will apply to pay for the injuries and other damages you suffer.
Does your Uninsured Motorist property damage coverage (if you are so insured) cover you for property damage (such as damage to your vehicle) inflicted by a hit-and-run driver? No. The reason for this is that, because the deductible for UM property damage is usually less than the deductible for collision coverage, drivers may be tempted to tell the insurance company that the car was damaged in a hit-and-run when that is not the case. There is also the possibility that the motorist will purchase uninsured motorist property damage but not collision coverage. For this reason, you may wish to have collision coverage on your insurance policy.
Uninsured Motorist coverage (which usually comes in a package deal known as Uninsured and Underinsured Motorist coverage) coverage is generally inexpensive, considering the protection you get. You should have UM insurance to the same limit as your bodily injury limits. The legal limits of $15,000 maximum per person to a maximum $30,000 per accident for bodily injury were set decades ago but today the are usually insufficient to fully cover anything more than minor injuries arising from a simple low-speed fender-bender. At a minimum, you should have limits of $100,000 per person, $300,000 per accident, and $25,000 in property damage. If you have substantial assets, you should have a policy of at least $300,000 per person, $500,000 per accident, and $50,000 property damage. You should also seriously consider buying an “umbrella” policy that will protect you for $1 million or more. To obtain an umbrella policy, you usually need to have your automobile insurance policy and homeowner’s policy with the same company.
If your insurance company refuses to pay you under an Uninsured Motorist claim based on a hit-and-run accident, you may be able to sue the insurance company for breach of contract on the basis it did not live up to your agreement created when you purchased the uninsured motorist coverage. If the insurance company has no basis for denying your claim, you may be able to sue your insurance company for bad faith in denying your claim. In a successful bad faith claim against your insurance company, not only would you be entitled to recover the damages you suffered from the accident, but you also may be entitled to receive any and all damages you incurred as a result of the insurance company’s bad faith refusal to pay your claim. You would also have the right to ask for “punitive damages” from the insurance company for their callous actions, resulting in a possible award in the hundreds of thousands of dollars, even millions, against the insurance company.
If you are injured by a hit-and-run driver and will be making a claim against your own insurance company based on an Uninsured Motorist clause, do you need a lawyer to represent you? Quite often, yes, especially where there have been serious injuries or death and the insurance company refuses to pay out the maximum benefits under your policy. Just because you have uninsured insurance coverage does not mean that your insurance company is going to pay you for your damages (up to the limits of your policy) without question. Your insurance company will want to pay as little as possible to settle the claim without due regard for the extent of your damages. Your insurance company may attempt to say that you were all or partially at fault for the accident and try to reduce the amount they pay you accordingly. The insurance company may also dispute the extent of your injuries, or take the position that you could have gone back to work a lot sooner than you actually did. The insurance company may also take the position that you were at fault for an accident. In other words, when you make an Uninsured Motorist claim against your own insurance company, an adversarial relationship often arises. A lawyer can represent you and negotiate with the insurance company on your behalf to get you maximum recovery. Studies consistently show that you end up with more money in your pocket even after paying your attorney than you do if you try to do it yourself.
If you have been injured or a loved one killed in an accident involving a hit-and-run driver, you should contact an experienced personal injury law firm as soon as possible. It is also important to contact an experienced personal injury law firm promptly, as the law firm may want to send its own investigators to the scene of the accident to inspect and take pictures of the accident site and any dangerous condition that caused or contributed to the accident, especially before there is a change in the condition of the area or vehicle. The attorney or his or her investigator will also want to talk to any witnesses to the accident as soon as possible while the facts are still fresh in their minds.
An experienced personal injury law firm can also help with seeing to it that you obtain appropriate and thorough medical care for your physical, emotional, and psychological injuries suffered as a result of the accident. The attorneys in the firm can also do everything possible to ensure that you obtain full compensation for your medical expenses, pain and suffering, mental anguish, property damage, lost wages, and all of your other injuries and damages.
Our Law Firm has experience in diligently representing clients who have been injured in hit-and-run automobile accidents. We understand the physical, financial, and emotional toll a hit-and-run accident takes on the injured victim and his or her family. We will work our hardest on your behalf to get you the maximum recovery possible. Call now and talk to a lawyer for free: 415.738.7672
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