According to California law, any driver involved in a crash that produces injuries or fatalities is required to remain at the scene of the accident. Violating this law can result in fines and jail time. However, hit-and-run accidents are still common. In fact, in 2022, Santa Clara County saw 283 hit-and-run crashes with victims who were injured or even killed and on March 4th, 2025, a driver attempted to flee the scene of an accident in Watsonville after hitting six other vehicles, including a school bus.
One of the first questions hit-and-run accident victims ask is whether they will get compensation for their damages. As with most other legal questions, the answer is, "It depends." No generic answer can address all the variables. Your best bet is to contact our knowledgeable San Jose, CA car accident lawyer. We can evaluate your situation and explain your options.
People who decide not to remain at the scene of an accident may do so for various reasons. The driver may not have any auto insurance, or the vehicle’s tags might be expired. He or she may have active warrants that could lead to an immediate arrest, even if the damage caused by the crash is minor. These drivers could be intoxicated, high, or driving a stolen vehicle.
Stress and fear might also prompt drivers not to stick around. Whatever the reason, if the driver is not identified and found, your options for compensation are limited. Your lawyer and law enforcement officials can search for the at-fault driver, but many remain at large.
You might be tempted to follow and chase the vehicle that hit you, but that is inadvisable. If possible, take pictures or videos of the fleeing vehicle. Also, note any nearby video surveillance cameras that may have captured your crash. Your attorney can work to obtain copies of the footage to assist in the investigation.
Auto insurance companies are required to offer you uninsured/underinsured motorist coverage when you purchase your policy. You do not have to buy this coverage, but you have to reject it in writing if you do not want it. This coverage is usually relatively inexpensive, and it can pay off if you are injured by a hit-and-run driver.
If the at-fault driver is not found, you can file a claim against your UI/UIM coverage, and your insurance company should pay for eligible losses up to your policy limits. However, do not make the mistake of thinking that your insurer will pay you fairly. Insurance companies are in business to make a profit, and any claim payouts diminish profits. Along with investigating your crash and attempting to locate the hit-and-run driver, your lawyer will fight to help you get as much compensation as you deserve.
Working with an experienced San Jose, CA car accident attorney from Fuller Law Firm after a hit-and-run crash can simplify your claims process and maximize your settlement. Contact us online or by calling 408-234-7563 to discuss your case during a free consultation.