Injured in a Hit-and-Run Accident in Los Angeles? Steps to Take and How to Pursue Compensation
Hit-and-run accidents are far too common in Los Angeles, where it is a crime to leave the scene of an accident if you are involved in one. Nevertheless, in 2023, 108 people were killed in hit-and-run collisions in Los Angeles alone. Though it may seem hopeless for those who are injured in a hit-and-run accident in Los Angeles, you should know that there may still be potential to recover damages for injuries and property.
What to Do if You Are Injured in a Hit-and-Run Accident in Los Angeles
When someone is involved in a hit-and-run car accident or even a bicycle accident caused by a fleeing driver, they can experience a gauntlet of emotions in the few minutes that follow. In these critical moments, it is important for anyone involved, whether a passenger, driver, or bystander, to try and recall as many details as possible about the vehicle that fled. What color was the vehicle? Did they notice the make or model? Do they remember any of the numbers on the license plate? Did they see the driver? Was there a passenger?
Every detail counts and could potentially lead to the discovery of the other driver. If there were witnesses, they should try to remember every detail possible, as well.
If there are injuries, call 911 first or call the police immediately. You will need to make a police report. Cooperate with law enforcement, as their report can be vital to a hit-and-run investigation and insurance claim. They will interview everyone at the scene in hopes of recounting enough details to identify the criminal.
A hit-and-run accident site is actually a crime scene, and the absent driver is already facing a guaranteed misdemeanor. If the incident resulted in personal injury or death, especially severe harm such as a spinal cord injury, the driver could face felony charges. In fact, failure to comply with California Vehicle Code 20002, which requires drivers involved in an accident to stop and report, will result in a conviction of a misdemeanor and imprisonment in the Los Angeles County jail for up to six months and/or a requirement to pay fines of up to $1,000.
It is important that all drivers, passengers, victims, and witnesses of a Los Angeles hit-and-run take photos of the accident scene, damage to vehicles and property, and injuries when possible, as well as the surrounding area. This evidence can be crucial later if needed in court or for insurance purposes.
Victims Have the Right to Seek Compensation After a Hit-and-Run Accident
Most people don’t realize that, even though the responsible driver fled the scene, victims of hit-and-run accidents still have legal rights to seek justice for their injuries. The complexities of the legal framework that protects victims are complicated, though, and in most cases, a hit-and-run accident attorney can help victims navigate the court system.
Regardless, it is essential for a victim to understand their rights in order to proceed in seeking compensation for their hit-and-run accident.
Gathering Evidence
One of the most important components of a hit-and-run claim is gathering evidence to build a case. Examples of great evidence include pictures of the scene, witness statements, surveillance footage from the surveillance cameras of neighbors or commercial establishments in the area, and, as mentioned previously, the police report.
Uninsured Motorist Insurance
Another important part of a hit-and-run accident claim is the difficult challenge of dealing with your insurance company. Since the other driver is not present to cover the cost of damages and medical bills with their insurance policy, in many cases, you can seek restitution from your insurance provider under your own policy.
The purpose of uninsured motorist insurance coverage is to protect policyholders when they are in an accident with another driver who doesn’t have insurance or flees the scene. Uninsured motorist insurance can cover vehicle repairs, medical bills, and other damages that you incur as a result of the accident. It is a very complicated process to file an uninsured motorist claim and get it approved.
Staying organized during this step is crucial. It is easy to become overwhelmed, especially when communicating with insurance adjusters, because they can be notorious for finding ways not to pay. This is where hiring an attorney who is skilled with these types of cases and has experience negotiating with insurance adjusters and rebutting their denials can be vital.
FAQs
Q: What Is the Punishment for a Hit-and-Run in California?
A: Anyone who flees the scene of an accident is guilty of a hit-and-run, which is an automatic misdemeanor charge. A conviction will result in up to six months in county jail, up to $1000 in fines, or both. If anyone dies in the accident, it is an automatic felony charge and can result in years of imprisonment.
Q: How Long Do Police Investigate a Hit-and-Run?
A: The investigation of a hit-and-run will continue as long as necessary to satisfy insurance needs, whether the case is solved or unsolved. The California Highway Patrol will only investigate a hit-and-run if there is sufficient evidence to identify the driver via their license plate number or other physical evidence, such as vehicle parts, personal property, etc.
Q: What Are Insurance Companies Required to Do for a Hit-and-Run in California?
A: Uninsured motorist’s insurance might cover damages for a victim of a hit-and-run accident in California. Your insurance company is required by law to inform you of your coverage, time frames to file, benefits, and other provisions of your policy. They must also acknowledge your claim, begin an investigation, and correspond with you within 15 days. They then have 40 days to accept or deny. If they fail to do this, they are in violation of California state law.
Q: What Evidence Is Needed to Convict a Hit-and-Run in California?
A: Like any other conviction, there must be evidence that proves beyond a reasonable doubt that the defendant is guilty. In some cases, it may be up to the court to determine if the evidence is questionable, but identifying evidence such as matching car parts found at the accident scene, surveillance video of the defendant’s vehicle, eyewitness testimony, or other specific evidence that clearly puts the defendant at the scene at the time of the accident can be crucial.
Seek Help From a Seasoned Hit-and-Run Attorney
If you were injured in a hit-and-run accident in Los Angeles, don’t wait another day to contact an attorney about filing a claim with your insurance company to recover your losses. Call Shaffer Law for assistance with your claim.
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