Being involved in a car accident is stressful enough, but the situation becomes even more complicated if the other driver leaves the scene. You might be wondering, “What are my rights if the other driver leaves the scene of the accident?” In California, this is considered a hit-and-run, and it’s illegal for a driver to flee the scene of an accident without stopping to exchange information or assist those who are injured. Understanding your rights in this situation is crucial to ensuring you receive compensation for your damages. The Car/Auto Accident Attorney Redding CA team can help you navigate the legal process and recover compensation after a hit-and-run accident.
Understanding California Hit-and-Run Laws
In California, it’s a legal requirement for drivers involved in an accident to stop at the scene. Failing to do so is classified as a hit-and-run, and the driver who flees can face both criminal charges and civil liability for the damages caused by the accident.
1. Criminal Penalties for Hit-and-Run Drivers
If the driver who left the scene is identified, they may face criminal charges, including:
- Misdemeanor charges: If the accident only involved property damage, the hit-and-run driver may be charged with a misdemeanor, punishable by fines and jail time.
- Felony charges: If the hit-and-run resulted in injury or death, the driver can face felony charges, which carry more severe penalties, including longer jail sentences and higher fines.
2. Civil Liability for Damages
In addition to facing criminal penalties, hit-and-run drivers can also be held civilly liable for any damages caused by the accident. This means that if the driver is found, they can be sued for compensation to cover your medical expenses, lost wages, property damage, and pain and suffering.
Your Rights After a Hit-and-Run Accident
Even if the other driver leaves the scene, you still have rights and options for recovering compensation for your injuries and damages. Here are the steps you can take to protect your rights after a hit-and-run accident.
1. Reporting the Accident
The first step after a hit-and-run accident is to report the incident to the police. A police report is crucial for documenting the details of the accident and starting an investigation to identify the hit-and-run driver. Be sure to provide as much information as possible about the fleeing driver and their vehicle, such as the make, model, color, and license plate number (if known).
2. Gathering Evidence
While the police investigate, you should also gather evidence to support your case. This includes:
- Photos of the accident scene, vehicle damage, and any injuries
- Witness statements from anyone who saw the accident
- Surveillance footage, if available, from nearby cameras that may have captured the accident
3. Filing an Uninsured Motorist Claim
If the hit-and-run driver cannot be identified, you may still be able to recover compensation through your own insurance policy. In California, drivers are required to carry uninsured motorist coverage (UM), which can help cover your medical expenses and property damage in the event of a hit-and-run where the at-fault driver cannot be located.
How Uninsured Motorist Coverage Works
Uninsured motorist coverage is designed to protect you if you are involved in an accident with a driver who either doesn’t have insurance or leaves the scene without providing their information. Here’s how UM coverage works in a hit-and-run case:
1. Medical Coverage
Your uninsured motorist policy can help pay for medical expenses related to the accident, including hospital visits, surgeries, and rehabilitation. This coverage ensures that you can receive the necessary medical treatment without waiting for the hit-and-run driver to be found.
2. Property Damage Coverage
In addition to medical expenses, your UM policy may also cover the cost of repairing or replacing your vehicle. If your vehicle was totaled in the accident, UM coverage will compensate you for the fair market value of your car.
What to Do if the Hit-and-Run Driver Is Found
In some cases, the police may be able to identify and locate the hit-and-run driver. If the driver is found, you have the option to pursue legal action against them to recover compensation for your damages. Here’s what happens if the driver is located:
1. Filing a Lawsuit for Damages
Once the hit-and-run driver is found, you can file a civil lawsuit against them to recover compensation for your medical bills, lost wages, pain and suffering, and property damage. In addition to these economic damages, you may also be able to recover punitive damages, which are designed to punish the driver for their reckless behavior.
2. Criminal Restitution
If the hit-and-run driver is convicted of criminal charges, the court may order them to pay restitution to cover the costs of your damages. While restitution is not a substitute for a civil lawsuit, it can help ensure that you receive some compensation if the driver is unable to pay the full amount in a civil case.
Working with an Attorney After a Hit-and-Run Accident
Navigating a hit-and-run accident can be overwhelming, especially when dealing with insurance companies or trying to locate the at-fault driver. Working with an experienced attorney can help you protect your rights and pursue the compensation you deserve.
1. Investigating the Accident
A lawyer can help investigate the hit-and-run accident by working with the police, gathering evidence, and interviewing witnesses. This can increase the chances of identifying the hit-and-run driver.
2. Filing an Insurance Claim
If the hit-and-run driver cannot be found, your attorney can help you file an uninsured motorist claim with your insurance company and ensure that you receive fair compensation for your damages.
Protecting Your Rights After a Hit-and-Run Accident
Understanding your rights if the other driver leaves the scene of the accident is essential to protecting yourself and securing compensation for your damages. Whether the driver is found or remains unidentified, you have options for recovering compensation through insurance claims or legal action. If you’ve been involved in a hit-and-run accident, the team at Cibula Law is here to help.
To learn more about your legal options, contact us today to schedule a consultation.
