Hit-and-run accidents are serious crimes that carry heavy charges for those who commit them. A “hit and run” is defined as an incident in which an auto accident occurs and the person who has caused the incident flees the scene without stopping to offer help or identifying themselves to the victim. Some hit-and-run accidents are covered by insurance, but many will charge the victim a deductible charge, or just not cover the damages at all depending on the severity. Here’s what you need to do and know when you’ve been involved in a hit-and-run accident in California.
What constitutes a hit-and-run accident?
California law defines a hit-and-run accident as a driver who leaves the scene of an accident without providing any information or identification of who they are. For example, you are sitting down at a restaurant with your car parked across the street, and you hear a loud bang. You look up and see a car that had just hit your car, and is now speeding away. This is an example of a hit-and-run accident. Drivers are expected to leave identification on the car if no one is around, not immediately flee the scene. The only exception a person would have to leave the scene of an accident is to get medical help or to seek medical attention. Even in cases such as these, it’s best to leave some form of identification.
What should I gather after a hit-and-run accident?
The first thing you should do is document the incident. If the car is still in your field of view, try to quickly remember the license plate or at least the model of the vehicle. Of course, some people are speedy with their hands, so they can whip out their phones and start recording the vehicle. In the cases where the accident happens where you’re in the car, the first step is to check on yourself and others in the vehicle to see if they’ve been injured.
The next step is to pull over and document the crime and any injuries. If you’re on the highway, try to do your best and get off the highway. Too many accidents happen with cars that parked on the side of the highway. If the car is hardly moveable, try to activate your hazard lights and move the furthest away from the traffic as possible. Wait for the police to arrive before doing anything else. If there any eyewitnesses to the incident, try to get their contact information, and if police are there, have them tell the police what they saw.
Having these documents and eyewitnesses is key to a hit and run crime. It will be much easier for your attorney to build a strong case once they have all the evidence and key components of the incident. Any information matters- the make/model of the vehicle, the color, the time, what position your car was in, what street you were on, the driver’s appearance, the way the car sped off, etc. All of this information matters to your attorney and would enable them to easily build a strong case.
What are the consequences of hit-and-run accidents?
California law imposes harsh penalties for hit-and-run crimes, though the severity of the crash will have an effect on the punishments. The requisites are:
-If a person commits a hit-and-run crime in which no one is injured but there is vehicle damage, it would be considered a misdemeanor hit-and-run. This carries a penalty of up to $1,000 in fines or six months in jail.
-If a person commits a hit-and-run crime in which there is bodily injury, this would be considered a felony hit-and-run. The charges would range from $1,000 to $10,000 in fines and up to 4 years. The number of years in jail could be changed depending on the severity of the injuries, or if someone had died.
How do I know if my insurance will cover the cost?
There are many ways you could find out if your insurance will cover hit-and-run accidents. First, start out by calling your company and asking them what their policy is on these types of crimes. More often than not, insurance companies will not cover hit-and-run accidents but instead will charge the victim their deductible charge and cover the rest of the damages. In some cases, the damages could be $800, and the deductible is $1,000. Your collision coverage will always cover a portion of the damages, while the comprehensive coverage will not. Most people think their insurance rates will go up once they file a hit-and-run claim, but California law has specific requirements to when insurers are able to raise their rates. The law states that your rates cannot go up after a hit-and-run crime, so long as that you tell the insurance company in a reasonable amount of time.
Contact Pride Legal
If you or a loved one has been involved in a hit-and-run accident, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.