California hit-and-run: can your insurance cover injuries?

Start with the coverage you actually have

Ask for your declarations page, complete policy, endorsements, and any uninsured motorist waiver. California insurers must offer uninsured motorist coverage, but a named insured can reject it in writing. Having liability insurance does not establish that you also have uninsured motorist bodily injury coverage, often called UMBI. California Department of Insurance auto guide

Keep injury and vehicle-damage questions separate. The Department of Insurance explains that uninsured motorist property damage coverage requires the uninsured driver to be identified. Collision coverage may offer a different route for vehicle damage, subject to the policy and deductible. Medical payments coverage, if included, may help with covered medical expenses regardless of fault. None of these benefits guarantees payment of every loss.

Report the crash promptly: 24 hours matters

For an unknown-driver UM claim, section 11580.2(b)(2) requires the insured, or someone acting on the insured's behalf, to report the accident within 24 hours to the police department of the city where it occurred. In an unincorporated area, the statute identifies the county sheriff or local California Highway Patrol headquarters.

There is also a sworn-statement requirement. The statute calls for a statement under oath to the insurer "within 30 days thereafter," explaining the claim against the unidentified person and the supporting facts. Notify your insurer immediately and get help confirming the correct statement, recipient, and deadline. Do not assume an ordinary claim phone call satisfies this requirement. Read section 11580.2(b)

Separately, California DMV requires an SR-1 within 10 days when a collision causes any injury or death, or property damage exceeding $1,000. That report is additional to police and insurance reports. Our California SR-1 guide explains the distinction, and the DMV's instructions provide the filing requirements.

Document physical contact and the crash sequence

For a vehicle whose owner or operator is unknown, section 11580.2(b)(1) requires the injury to arise out of physical contact of that unknown vehicle with the insured person or the vehicle the person occupied. Whether a particular collision sequence meets that requirement can need individual legal review.

If it is safe, photograph the vehicles, damage, road layout, and visible debris. Save original dashcam footage, witness contact details, and the police report number. Keep medical records, bills, work-loss documentation, and copies showing when notices were submitted. These records can help explain what happened and support the claimed losses. Call 911 if there are injuries; do not put evidence collection ahead of safety. Department of Insurance accident guidance

An open claim does not settle every deadline

Section 11580.2(i) generally requires a specified step within two years of the accident: filing an injury lawsuit against the uninsured motorist, reaching an agreement on the policy amount due, or formally instituting arbitration through the required written notice. Formal arbitration notice must be sent by certified mail, return receipt requested, to the insurer or its designated agent for process. Exceptions and other deadlines may apply. Ask counsel to review them promptly rather than assuming ongoing insurance discussions preserve your rights. Read section 11580.2(i)

Common questions

What if the other vehicle never touched mine?

That can create a serious coverage issue under California's physical-contact requirement. Preserve the complete collision sequence and have the actual policy reviewed. Do not assume every crash caused by a fleeing driver qualifies for UM injury benefits.

Should I wait until police identify the driver?

No. Report the accident and notify your insurer promptly. The unknown-driver requirements are time-sensitive. Give investigators and your insurer additional information as it becomes available.

What if I think I already missed a deadline?

Seek a case-specific review promptly. Provide the accident date, policy, reports, and all insurer communications. This article cannot determine whether a deadline applies, whether it was satisfied, or whether an exception is available.

For help understanding the next steps, see FK Law Group, LLP's car accident practice or request a consultation.

General information only, not legal advice. Coverage and deadlines depend on the policy, applicable law, and facts. An inquiry does not create an attorney-client relationship.