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If the Hit-and-Run Driver Is Caught, Can I Pursue Both an Insurance Claim and a Lawsuit in Pasadena, CA?
hit-run-accident · By Payam Soliemanzadeh, Founder and President ·
Written and reviewed by Payam Soliemanzadeh, Founder and President — Updated
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If the hit-and-run driver who struck you on the 210 Freeway or Colorado Boulevard is apprehended, California law allows you to file both an insurance claim and a civil lawsuit to recover medical bills, lost wages, and property damage.
Yes. If police catch the hit-and-run driver, California law permits you to file both a claim against their auto insurer and a civil lawsuit in Los Angeles County Superior Court. You have two years under CCP §335.1 to sue for injuries and can simultaneously negotiate an insurance settlement to maximize your recovery.
Yes. If law enforcement identifies and apprehends the driver who fled, you may pursue both an insurance claim against their policy and file a lawsuit in Los Angeles County Superior Court. These remedies are not mutually exclusive. You have two years under California Code of Civil Procedure §335.1 to file suit for personal injuries, and you can simultaneously negotiate with the at-fault driver's insurer to maximize recovery.
Key takeaways
- You may file both an insurance claim and a lawsuit once the hit-and-run driver is caught in Pasadena.
- Your lawsuit will be filed at Pasadena Courthouse, 300 East Walnut Street, under CCP §335.1's two-year deadline.
- Collisions on Interstate 210, Route 134, and Colorado Boulevard often result in hit-run accident cases in Pasadena.
- Huntington Hospital at 100 West California Boulevard provides Level II trauma care for serious hit-run injuries.
Pasadena sees frequent hit run accident cases on the Foothill Freeway (Interstate 210), the Ventura Freeway (State Route 134), and congested surface corridors like Colorado Boulevard and Lake Avenue. When a fleeing driver is later caught, victims often wonder whether they must choose between an insurance settlement and a courtroom verdict. California law imposes no such choice. Both paths remain open, and using them in tandem often yields the fullest compensation for medical bills, lost income, and vehicle repairs.
Understanding your dual remedies is critical when injuries are severe enough to warrant transport to Huntington Hospital or when liability is clear but the defendant's insurer offers a low-ball figure. This article explains how insurance claims and lawsuits interact, what deadlines govern each, and how Pasadena victims can strategically deploy both to protect their rights under California Vehicle Code §20001, which criminalizes fleeing an injury collision, and the civil statutes that permit you to recover damages.
Parallel remedies: insurance claims and civil lawsuits
Filing an insurance claim means submitting documentation—medical records, repair estimates, wage-loss statements—to the at-fault driver's liability carrier and demanding payment. Insurers evaluate claims quickly, often settling within weeks or months if liability is undisputed. A lawsuit, by contrast, initiates formal litigation in Los Angeles County Superior Court's Northeast District. You serve a complaint, the defendant answers, and the case proceeds through discovery, motion practice, and potentially trial. The two processes run on separate tracks and may overlap in time.
Because California follows an at-fault tort system, the driver who violated Vehicle Code §20001 by fleeing bears financial responsibility for your harm. You need not elect one remedy and forfeit the other. Many attorneys file suit to preserve the statutory deadline under CCP §335.1 while simultaneously negotiating with the insurer. If settlement talks stall, litigation pressure often loosens the carrier's purse strings. If a fair offer arrives before trial, you may accept it and dismiss the lawsuit, receiving a release in exchange for payment.
Statute of limitations and the strategic value of filing early
Personal injury claims in California must be filed within two years of the collision date under Code of Civil Procedure §335.1. If the fleeing driver was a government employee operating a city, county, or state vehicle, you must first file an administrative claim within six months under Government Code §911.2. Missing either deadline extinguishes your right to sue, regardless of how strong your evidence. Property-damage claims carry a three-year limit under CCP §338, but most hit-run victims pursue bodily injury and property loss together within the shorter two-year window.
Filing suit early—even while insurance negotiations continue—preserves your leverage. Once a complaint is on file at Pasadena Courthouse, 300 East Walnut Street, the defendant and their insurer face mounting defense costs and the prospect of a jury trial before Los Angeles County residents. Insurers know that jurors often award more than the carrier's initial offer, particularly when the defendant committed a crime by fleeing. Early filing also allows discovery: you can subpoena police reports, obtain the driver's cell-phone records, and depose witnesses before memories fade.
Coordinating settlement negotiations with pending litigation
Most personal injury cases settle before trial, but the existence of a filed lawsuit changes the negotiating dynamic. Defense counsel must answer interrogatories, attend depositions, and prepare motions, all of which cost the insurer money. As the trial date nears, settlement offers typically rise. You may accept an offer at any stage—during the insurance claim phase, after filing suit, or even mid-trial—so long as you sign a release dismissing all claims against the defendant.
Coordinating both remedies requires discipline. Do not give a recorded statement to the defendant's insurer without counsel, and never sign a release before consulting an attorney. Once you accept payment and execute a release, you forfeit the right to pursue additional damages in court, even if you later discover injuries were more severe than initially believed. If the defendant drove under the influence or fled with conscious disregard for your safety, punitive damages under California Civil Code §3294 may be available in a lawsuit but are almost never offered in a pre-litigation insurance settlement.
Local details
If you were struck on Interstate 210 near Lake Avenue, on State Route 134 approaching the Arroyo Seco Parkway (Route 110), or along Fair Oaks Avenue or Colorado Boulevard, Pasadena Police or the California Highway Patrol will investigate and forward the case for prosecution. Serious injuries often require transport to Huntington Hospital, a Level II trauma center at 100 West California Boulevard in Pasadena. Emergency-room records and imaging studies from Huntington become critical exhibits in both your insurance demand and any subsequent lawsuit.
Your case will be filed in the Northeast District of Los Angeles County Superior Court, with proceedings held at Pasadena Courthouse, 300 East Walnut Street, Pasadena, CA 91101. All pleadings, motions, and trial dates are managed there. Court filings are public, so insurers monitor dockets; once they see a complaint on file, settlement posture often shifts. Keep copies of the police report, your SR-1 filed with the California DMV under Vehicle Code requirements, and all correspondence with insurers to streamline both the claim and litigation tracks.
Frequently Asked Questions
Will filing a lawsuit hurt my chances of settling with the insurance company?
No. Filing suit usually improves settlement prospects because it signals serious intent and imposes discovery obligations and defense costs on the insurer. Many carriers increase offers once a complaint appears on the Pasadena Courthouse docket. Your attorney can negotiate while the case proceeds, accepting a fair settlement at any stage or continuing to trial if the offer remains inadequate.
Can I recover punitive damages if the driver was drunk or fled recklessly?
Yes, if you prove by clear and convincing evidence that the defendant acted with malice, oppression, or fraud under Civil Code §3294. DUI hit-run cases often meet this standard. Punitive damages are awarded only in lawsuits, not through insurance claims, and are designed to punish the defendant and deter similar conduct. Your attorney will present evidence of intoxication, prior convictions, or reckless disregard at trial.
What if the driver's insurance is not enough to cover my medical bills?
You may file a claim under your own uninsured or underinsured motorist coverage (UM/UIM), which California law requires every insurer to offer. If the at-fault driver carried only the minimum liability—currently $30,000 per person under SB 1107—and your Huntington Hospital bills, lost wages, and pain exceed that amount, your UM/UIM policy can fill the gap. You can pursue both the tortfeasor's liability policy and your own UM/UIM coverage simultaneously.
Do I need an attorney if the driver is caught and their insurer makes an offer?
Consulting an attorney before accepting any settlement is wise. Early offers rarely account for future medical treatment, permanent impairment, or diminished earning capacity. An attorney can file suit at Pasadena Courthouse to preserve the CCP §335.1 deadline, conduct discovery to uncover additional insurance, and negotiate from a position of strength. Most personal injury attorneys work on contingency, charging fees only if you recover.
Related reading
- Hit Run Accident Practice Area
- Pasadena Hit Run Accident
- Hit-and-Run in Glendale: How You Can Still Recover
- Skip the Police Report, Risk Your Encino Hit-and-Run Claim
Sources
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Attorney advertising. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.