Can You File a Personal Injury Claim if the Driver Fled the Scene?

04/28/2025

You walk out to your car and see the damage—crumpled bumper, shattered taillight. But the other driver? Nowhere to be found. Someone hit your car and left the scene, and now you're stuck figuring out what to do next. The good news is that California law gives you several options, whether the driver is caught or not. From insurance claims to potential lawsuits, here's what to know when a driver has fled the scene of an accident.

When the Driver is Found

When the driver who fled the scene is identified, you can treat the situation like any other car accident—but with a few added advantages. You can file a personal injury claim to recover medical expenses, lost income, pain and suffering, and property damage.

But fleeing the scene makes the situation more serious. In California, leaving the scene of an accident is a criminal offense. That opens the door to punitive damages, which are meant to punish the at-fault driver for their reckless behavior. That means your claim might be worth even more than it would in a standard accident case.

Keep in mind that the bills can pile up fast. Between medical care, car repairs, and time off work, you shouldn't be left paying for someone else's poor decisions. A personal injury attorney can help you file a strong claim and push back against lowball insurance offers.

When the Driver is Not Found

When the Driver is Not Found

In some cases, the driver who fled the scene of an accident is never identified. While that's incredibly frustrating, it doesn't mean you're out of luck. If you carry uninsured motorist (UM) coverage, you can still recover compensation.

UM coverage steps in when the other driver is unknown or doesn't have insurance. Just make sure to report the accident to the police and your insurance company as soon as possible. That paper trail helps show you acted responsibly and allows the UM claim process to begin.

And here's a tip: even if the driver isn't found right away, hang onto any photos, witness information, or surveillance footage. If the driver who left the scene is identified later, that evidence can make a big difference in your case.

When the Driver Is Found Later

Sometimes, it takes time, but law enforcement—or even a private investigation—may eventually identify the driver who fled the scene. The question then becomes: Is it too late to file a lawsuit? In California, you typically have two years from the date of the accident to file a personal injury lawsuit.

But there's a legal concept called the "discovery rule." It means the clock might start ticking from the date the driver was identified, not the date of the crash, if you genuinely couldn't have known who they were earlier. This gives victims of hit-and-run accidents more flexibility, especially in cases where the other driver's identity was hidden for weeks or months. Still, it's a smart move to speak with a lawyer early. They can guide you through timelines, preserve your claim, and step in if the situation changes.

The costs of car accidents in California are too high to ignore. Between insurance claims, legal rights, and potential lawsuits, it's worth consulting a car accident lawyer in North Hollywood. They'll help you hold the right people accountable and ensure that someone else's bad choices don't become your burden.

Your Trusted Car Accident Lawyer in North Hollywood

Your Trusted Car Accident Lawyer in North Hollywood 

When a driver flees the scene of an accident, they leave more than just a damaged vehicle behind—they leave a legal and financial mess. Whether the driver who left the scene is found immediately, identified months later, or never caught at all, you still have options.

If you or a loved one are a victim of a hit-and-run accident, contact Yepremyan Law Firm to schedule a free consultation. As an established personal injury law firm in North Hollywood, we serve clients throughout Southern California, offering 24/7 support.

There's no need to navigate the legal landscape on your own. Let an experienced personal injury attorney in North Hollywood guide you every step of the way, so you can move forward with confidence and start your path to justice today.

*No Legal Advice Intended. This website includes general information about legal issues and developments in the law. These materials have been prepared for general informational purposes only and are not intended to be legal advice. Please consult an attorney for legal advice pertaining to any particular legal matter. Use of and access to this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and Yepremyan Law Firm and any of its attorneys, employees, or associates.

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