Hit and run or uninsured driver in Los Angeles County: what are my options?

When the driver who hit you drove away or had no insurance, the claim usually turns from the other driver to your own policy. That claim runs on strict rules in Insurance Code section 11580.2, and missing one of its short deadlines can cost the coverage. This page explains those rules and what injured people in Glendale and Los Angeles County should do first. Our auto accident page explains the other types of coverage that can apply after a crash.

How does a hit and run or uninsured driver claim work, step by step?

1. Report within 24 hours. For a hit and run, the report goes to the police department of the city where the crash happened or, in unincorporated areas, to the county sheriff or the local CHP office (section 11580.2(b)(2)).
2. Get medical care. Uninsured motorist coverage pays for bodily injury and wrongful death, so the medical record is the core of the claim.
3. Notify your insurer and file the sworn statement. Within 30 days of the report, file with your insurer a statement under oath that you have a claim against someone whose identity cannot be found, with the supporting facts (section 11580.2(b)(2)).
4. Document the claim. The insurer may ask for wage loss information and medical record releases, and may arrange a medical examination (section 11580.2(o)).
5. Agree on the amount, or arbitrate. Whether you are entitled to recover, and how much, is decided by agreement with your insurer or, if you disagree, by a single neutral arbitrator (section 11580.2(f)).
6. Act before two years pass. Within two years of the crash you must sue the uninsured driver, reach an agreement with your insurer, or start arbitration by certified mail (section 11580.2(i)(1)).

What counts as an "uninsured motor vehicle"?

Under section 11580.2(b), the term covers more than a driver with no policy. It includes a vehicle with no bodily injury liability insurance or bond, a vehicle whose insurer denies coverage, an underinsured vehicle as defined in the statute, a vehicle used without the owner's permission when no insurance applies, a vehicle whose insurer became insolvent within one year of the crash, and a vehicle whose owner or driver is unknown, which is how a hit and run is treated. It does not include a vehicle owned by your own household or one owned by a government agency. For a crash with a city, county or state vehicle, the path is a government claim instead; see how the six-month claim against Glendale or Los Angeles County works.

Who counts as "insured" is broad too. When the policyholder is a person, the statute covers the named insured, a spouse, and relatives living in the same household, whether they were in a vehicle "or otherwise," which can include walking or cycling, plus anyone in the insured vehicle.

What do I have to do after a hit and run?

Near Glendale, the CHP's Altadena Area office lists unincorporated La Crescenta among the communities it patrols, so a hit and run there can be reported to the CHP or the Sheriff. Write down the date and time you made the report and the report number. The Glendale Police Department says reports that need a criminal investigation, such as hit and run collisions, may be delayed or not available online, and its Records Bureau can be reached at (818) 548-3135. Our page for anyone looking for a personal injury lawyer in Glendale lists the other city offices involved after an injury.

Leaving the scene of an injury crash is itself a crime under Vehicle Code section 20001, which requires every driver involved to stop. Our page on what to do after a car crash in Glendale explains the duties at the scene and the reporting deadlines.

What is the two-year rule for uninsured motorist claims?

Section 11580.2(i)(1) says no claim accrues under the coverage unless, within two years from the date of the accident, one of three things happens:

1. a lawsuit for bodily injury is filed against the uninsured motorist;
2. you and your insurer agree on the amount due under the policy; or
3. you formally start arbitration by notifying the insurer in writing, sent by certified mail with return receipt requested.

Once started, an arbitration must generally be concluded within five years (section 11580.2(i)(2)). While a claim is pending, the insurer must remind you in writing of the applicable deadline at least 30 days before it runs, unless it has been told a lawyer represents you (section 11580.2(k)). Do not count on that reminder; mark the two-year date yourself.

Which sources can pay, and what are their limits?

What changes the answer?

Whether there was physical contact

For an unknown driver, section 11580.2(b)(1) requires that the injury arose from physical contact between that vehicle and you or the vehicle you were in. A driver who forces you off the road without touching your car does not meet that condition, which makes witnesses and video from the scene more important.

Whether you had the coverage at all

Every auto liability policy must include uninsured motorist coverage unless the named insured deleted it, or lowered it, by a written agreement in the form the statute sets (section 11580.2(a)). The policy's declarations page shows what you have. Underinsured coverage comes with uninsured coverage on policies issued or renewed since July 1, 1985 (section 11580.2(p)(7)).

Whose car you were in

If you were hurt in someone else's car and its owner carries similar coverage, your own uninsured motorist coverage does not apply as primary or excess coverage for that injury (section 11580.2(c)(2)). Policies cannot be stacked to raise the limit, and when more than one coverage applies the policy may prorate the damages (section 11580.2(d), (q)).

Whether you were working

If you may have workers' compensation benefits, the arbitrator cannot proceed until your physical condition is stationary and ratable, and the uninsured motorist payment may be reduced by workers' compensation benefits (section 11580.2(f), (h)(1)).

Whether someone died

The coverage includes damages for wrongful death, and the insured's heirs can bring the claim (section 11580.2(a)(1)). Our page on wrongful death and survival claims in California explains who holds each claim.

A worked example

For example, imagine a hypothetical cyclist in Glendale who is clipped by a car that speeds off before anyone sees the plate. He is taken to urgent care with a broken wrist. He does not own a car, but he lives with his sister, whose auto policy includes uninsured motorist coverage.

Because the car touched him, the physical contact condition is met. Because he is a relative living in the named insured's household, he may be an "insured" under her policy even though he was on a bicycle. That evening he reports the crash to the Glendale police, and within 30 days he files the sworn statement with her insurer. Months later the insurer offers an amount he thinks is too low. Rather than let the two-year date pass in negotiation, he sends a written arbitration demand by certified mail. He also reads about CalVCB, which pays only after insurance is used. None of this says what the claim is worth; it keeps each door open.

Common mistakes after a hit and run

• Reporting late. The 24-hour report is a condition of hit and run coverage, not a formality.
• Missing the sworn statement. Telling the insurer by phone is not the same as filing a statement under oath within 30 days.
• Settling with a driver who turns up, without your insurer's consent. Section 11580.2(c)(3) says the coverage does not apply if you settle with, or take to judgment, someone who may be liable without the insurer's written consent.
• Negotiating past the two-year date. Talks do not stop the clock; only a lawsuit, an agreement or a certified-mail arbitration demand does.
• Assuming a government vehicle is "uninsured." It is not, under the statute; that claim goes through the six-month government claim process.
• Expecting this coverage to fix the car. It does not cover property damage; car damage is handled under other coverage, if you have it. If the car is a write-off, read how a total loss value is decided in California.

What to do this week

1. If no report was made within 24 hours, report the crash now and keep the report number.
2. Ask your insurer in writing for the claim forms and the form for the sworn statement, and calendar the 30-day date.
3. Get your policy's declarations page and check the uninsured and underinsured limits; check any household member's policy too.
4. Look for witnesses and for cameras near the scene, and write down what you remember about the car.
5. Keep every medical record and bill, and a list of missed work days.
6. Calendar the two-year date from the crash.
7. Collect your documents with our list of what to bring to a personal injury consultation.

Frequently asked questions

What if the police find the driver later?

You may then have a claim against that driver and their insurer, subject to the two-year deadline for injuries. Do not settle with them without your own insurer's written consent if you are also claiming uninsured motorist benefits, because section 11580.2(c)(3) can void the coverage.

Does uninsured motorist coverage pay for my car?

The coverage required by section 11580.2 does not apply to property damage sustained by the insured. Damage to the car is handled under other parts of your policy, if any, or by a claim against the driver if found.

Will I have to see the insurer's doctor?

Possibly. Section 11580.2(o) lets the insurer require a medical examination and ask for wage loss information and medical record releases. If you do not comply, the arbitration can be put on hold for at least 30 days after you do.

Do I have to sue my own insurance company?

Usually not. The amount is decided by agreement with your insurer or by arbitration before a single neutral arbitrator. A lawsuit against the uninsured driver is one of three ways to meet the two-year rule, and the Los Angeles Superior Court's filing form lists uninsured motorist cases as their own case type, filed where the injury occurred; our Los Angeles County personal injury page explains the county's filing rules.

What if the other driver had insurance, but not enough?

That is an underinsured vehicle. Your underinsured coverage pays up to your limits minus what the at-fault driver's insurer paid, after those limits are exhausted (section 11580.2(p)(3), (4)). Our page on California's minimum insurance and what happens when it is not enough works through an example.

Can the state help a hit and run victim?

Possibly. An injury caused by a driver who fails to stop in violation of Vehicle Code section 20001 counts as a crime for the California Victim Compensation Board (Government Code section 13955(e)(2)(B)), and an application must generally be filed within seven years (section 13953). CalVCB pays only after other sources are used and does not pay for damaged property.

How can Glendale Law help?

We make sure the 24-hour report, the 30-day sworn statement and the two-year deadline are met, gather the evidence, and present the claim to your insurer or in arbitration. Our article on how a personal injury lawyer can maximize your compensation explains how every source of coverage fits into the claim. Call our Glendale office at (818) 244-9000 or request a consultation.