Practice Area

Hit and Run Accidents Attorney in California

Uninsured-motorist recovery, investigation support and criminal-process coordination.

Hit and run accident claims in California

How long do I have to file a personal injury claim in California?
Most California personal injury claims must be filed in court within two years of the date of injury (Code of Civil Procedure § 335.1). If the claim is against a city, county, transit agency, school district, or other public entity, a written claim must first be presented to that entity within six months (Government Code § 911.2). Missing either deadline can end the claim permanently. When the at-fault driver is never identified, uninsured motorist coverage on the injured person's own auto policy may respond. Insurance Code § 11580.2(i) requires that, within two years of the accident, the insured either file suit against the at-fault party, reach a written agreement on the amount due, or make a formal demand for arbitration by certified mail — so the uninsured motorist clock runs independently of the court filing deadline.
What if I was partly at fault for the accident?
California follows pure comparative negligence (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). Being partly at fault does not bar recovery — compensation is reduced by the injured person's own percentage of fault. Under Civil Code § 1431.2, economic damages are joint and several among defendants, while non-economic damages are apportioned by each defendant's share of fault.
What does it cost to hire a personal injury attorney?
These cases are handled on a contingency fee — no fee unless we win. If the lawsuit does not succeed, the firm does not charge the client. The initial consultation is free.
What compensation can I recover in a California injury claim?
California allows recovery of economic damages — past and future medical expenses, lost earnings, lost earning capacity and out-of-pocket costs — and non-economic damages such as physical pain, mental suffering, inconvenience, disfigurement and loss of enjoyment of life (CACI 3903, CACI 3905). Punitive damages are available only where the defendant acted with oppression, fraud or malice (Civil Code § 3294). What any individual claim is worth depends on the evidence in that case; no lawyer can promise an amount.
Do I have to report a hit and run to the police?
A driver involved in an accident resulting in injury or death must report it to the CHP or local police within 24 hours (Vehicle Code § 20008). A prompt report also supports an uninsured motorist claim, because the insurer will look for an independent record of the collision and of the vehicle that left.
Does uninsured motorist coverage require contact with the other vehicle?
For a hit-and-run, Insurance Code § 11580.2(b) treats the unidentified vehicle as an uninsured motor vehicle where there was physical contact with the insured or the insured's vehicle. A phantom-vehicle claim with no contact generally falls outside that definition, so the physical evidence of impact is important.
Do I have to give the other side's insurance company a statement?
Nothing in California law requires an injured person to give a recorded statement to another party's insurance company. Your own policy is different: auto policies contain a cooperation clause, so notify your own insurer promptly. Insurance Code § 790.03(h) bars an insurer from misrepresenting facts or policy provisions to a claimant, but the adjuster still represents the other side's interests.
How long does a personal injury case take in California?
The length of a case depends on medical treatment, disputes over liability and the court's calendar, so no schedule can be promised. Two timing rules shape every case: the complaint must be filed within the limitations period, and once filed, an action must be brought to trial within five years (Code of Civil Procedure § 583.310). Many claims resolve before trial; some do not.
Who pays my medical bills while the claim is pending?
In the meantime, treatment is usually paid by health insurance, by medical payments coverage on an auto policy where that coverage exists, or by a provider who agrees to wait for payment. A provider or health plan that paid may assert a lien or right of reimbursement against any later recovery, and Civil Code § 3040 limits how much certain health-care service plan liens may take from a settlement. These amounts are resolved when the claim resolves.

What to do after a hit and run accident

  1. Call 911 immediately and report the vehicle description, partial plate and direction of travel while it is fresh.
  2. Get medical attention and follow through with the treatment your provider recommends; gaps in care are routinely used to dispute an injury.
  3. Report the incident and get the report number — a police, transit, or property-owner incident report creates a dated record.
  4. Photograph the scene, vehicles or hazard, and visible injuries, and write down the names and phone numbers of any witnesses.
  5. Give no recorded statement and sign no release or medical authorization for an insurer before getting legal advice.
  6. Note both deadlines that may apply — two years under Code of Civil Procedure § 335.1, and six months to present a claim to a public entity under Government Code § 911.2.

To speak with a California Personal Injury Attorneys lawyer about a hit and run accident claim, call (800) 800-8910. The consultation is free and the line is answered 24 hours a day, Monday through Sunday.

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We Handle Hit and Run Accident Injury Claims in Encino, CA

A hit and run can leave us hurt, shaken, and stuck with more questions than answers, especially when the other driver disappears. In Encino and across Los Angeles, we help people protect their rights, deal with insurance companies, and pursue compensation after these crashes.

As a hit and run accident attorney in Encino, we know how California fault rules, uninsured motorist coverage, and filing deadlines can affect a claim. We also know how fast evidence can fade, so early action matters.

In the sections below, we'll walk through the first steps after a hit and run, how California law treats these claims, and when a lawyer can step in to help. If you need answers now, Get a Free Case Review, we're available 24/7 at (800) 800-8910, and we don't charge fees unless we win.

The first steps we should take right after the crash

The moments after a hit and run feel chaotic, but our first moves can protect both our health and our claim. We should stay calm, focus on safety, and start documenting what we can while the scene is still fresh.

If we feel hurt, confused, or shaken, we should treat it like an injury anyway. Some problems show up hours or days later.

Call for help and get medical care first

Health comes before everything else. If anyone is injured, we should call 911 right away and ask for medical help, even if the injury seems small at first.

A sore neck, a headache, or a little dizziness can turn into something more serious later. We also know that shock can hide pain in the first few hours, so it helps to get checked by a doctor as soon as possible. Medical records create a clear link between the crash and the harm, which matters when we file an insurance claim or talk with a motorcycle accident attorney or other injury lawyer.

If it is safe, we should move out of traffic and turn on hazard lights. After that, we should wait for help and avoid talking ourselves out of care. Saying "I'm fine" at the scene can come back later when pain sets in.

Gather details before evidence disappears

Evidence can vanish fast after a crash, especially in a hit and run. We should collect as much as we can without putting ourselves at risk.

Useful details include:

  • Any part of the license plate we saw

  • The car's color, make, model, and direction of travel

  • The time and exact location of the crash

  • Names and phone numbers of witnesses

  • Photos of vehicle damage, skid marks, broken glass, and road conditions

  • Images of traffic lights, signs, nearby businesses, or cameras

Even a small detail can help. A partial plate, a unique bumper sticker, or the lane the other car used may help police or our insurer identify the driver later. If we can safely speak to a witness, we should ask what they saw and whether they are willing to share their contact information.

Report the hit and run the right way

We should report the crash to police as soon as possible and ask for a copy of the report. That report gives us an official record of what happened, and it often becomes one of the most important documents in the claim.

We should also notify our insurance company promptly. A short, clear report is best. We can share the facts, the time, the location, and the injuries we know about, without guessing about fault or filling in gaps.

For California drivers, this step also matters because accident reporting rules can affect the rest of the claim process. If the crash caused injury, death, or property damage over $1,000, California law requires a DMV report within 10 days. Acting early helps us stay ahead of deadlines and protect our options.

If we need help right away, we can Get a Free Case Review and speak with CPIA 24/7 at (800) 800-8910.

Why hit and run claims are different under California law

Hit and run claims are different because the driver who caused the crash may never be found, but our right to seek compensation does not disappear with them. In California, we still have paths to recovery through insurance coverage, witness evidence, police reports, and medical records that tie the crash to our injuries.

These cases often move faster and feel more stressful than a regular car accident claim. The scene changes quickly, evidence disappears, and insurers may ask more questions about what happened. That is why we treat a hit and run like a paper trail case, where every detail matters.

How fault works when the driver disappears

A missing driver does not erase the claim. It just changes the way we build it.

Instead of pursuing the at-fault driver directly, we often look at our own policy, including uninsured motorist coverage or other available benefits. We also use photos, witness statements, security footage, damage patterns, and the police report to show how the crash happened and who likely caused it. In many cases, that evidence is enough to support a claim even when the other driver is gone.

The driver may disappear, but the evidence does not.

That matters because California is an at-fault state, so the law still focuses on who caused the harm. If we can show another driver struck us and left the scene, we may still recover money for medical care, lost wages, and other losses. When the facts are unclear, we work with the available proof and the policy language to keep the claim moving.

For a closer look at compensation issues in these cases, we can also review how hit and run compensation works in Los Angeles.

The deadlines that can affect our case

California generally gives us two years from the date of the injury to file a personal injury lawsuit. That deadline matters in hit and run cases just as much as in any other crash claim.

Some claims need action even sooner. If a government vehicle, city bus, or other public agency may have played a role, we may have only six months to file an administrative claim. Insurance policies can also have their own reporting rules, so waiting too long can hurt our options before a lawsuit even starts.

The safest move is to speak with counsel early, while the evidence is still fresh and the deadlines are still clear. That gives us more time to review coverage, gather records, and avoid missing a notice date that could limit recovery.

If we are dealing with serious injuries, a rideshare crash, or a crash involving a larger commercial vehicle, early help matters even more. A Motorcycle Accident Attorney or other injury lawyer can spot coverage issues that are easy to miss at first.

What pure comparative fault means for compensation

California uses pure comparative fault, which means we can still recover money even if we were partly responsible for the crash. Our recovery may be reduced by our share of fault, but it is not automatically barred.

That rule matters in hit and run cases because insurers may try to shift blame onto us. They may argue that we were speeding, distracted, or not paying enough attention. Even then, the claim can still have value if the other driver caused part of the collision.

A simple example helps. If the total loss is $100,000 and a fact-finder says we were 20% at fault, the recovery could be reduced to $80,000. The final number depends on the evidence, the injuries, and the coverage available, not just on who filed first or who speaks loudest.

That is why documentation matters so much. The more clearly we show the other driver's role, the stronger our position becomes when we seek a fair settlement. If we need help evaluating the claim, we can always Get a Free Case Review and speak with CPIA 24/7 at (800) 800-8910.

How a hit and run injury attorney helps us build a stronger claim

A hit and run case can feel scattered at first. We may have a damaged car, injuries, and very little information about the driver who caused it. That is where legal help makes a real difference, because a strong claim depends on fast evidence work, careful records, and steady pressure on the insurance company.

We treat these claims like a puzzle with missing pieces. The job is to find enough of those pieces to show what happened, prove the harm, and push for full compensation under California law.

Finding the driver and proving what happened

The first step is often investigation. We look for details that can identify the driver or at least support a clear account of the crash.

That usually means following up with witnesses right away, because memories fade quickly. We also request surveillance video from nearby businesses, traffic cameras, and homes or apartments near the scene. In busy parts of Los Angeles and Encino, that footage can make a big difference if it shows the vehicle, the plate, or the impact itself.

We also review the police report, scene photos, vehicle damage, skid marks, and road conditions. If the facts are disputed, we may bring in an accident reconstruction expert to study speed, angle of impact, and the likely path of the fleeing vehicle. Those details help turn a confusing event into a clear story the insurer can understand.

If we need to map out the legal options after a hit and run, we can also use resources like legal options after a California hit-and-run. That kind of support helps us keep the claim grounded in evidence, not guesswork.

Handling the insurance company for us

Insurance calls can wear people down fast. Adjusters may ask for recorded statements, press for quick answers, or try to narrow the claim before we know the full extent of the injuries. When we handle the communication, we lower that pressure and keep the focus on the facts.

We make sure the insurer gets a clear claim package, but not unnecessary statements that can be twisted later. We also handle settlement talks, which matters because early offers often leave out future treatment, missed work, and the full effect of the crash on daily life. A fast payout is rarely a fair one.

This is especially important in hit and run claims, where the insurer may question how the crash happened or whether another driver was really involved. We answer those questions with records, photos, witness accounts, and the police report, not with speculation.

A careful claim is stronger than a rushed one, especially when the other driver is gone.

When needed, we can also point to local examples of how these cases affect real people, such as the problems described in the real consequences of a hit-and-run accident in Los Angeles.

Connecting the crash to medical losses

Injuries do not prove themselves. We connect the crash to medical care by building a record that shows what treatment we needed, when we got it, and how the injuries changed our lives.

That includes emergency room visits, follow-up exams, imaging, physical therapy, prescriptions, and specialist care. We also gather proof of future treatment when doctors say more care will be needed. That matters because a claim should reflect the full picture, not just the first bill that arrived.

We also document lost income, missed shifts, reduced hours, and limits on future work. Pain and suffering matter too. A neck injury, back pain, headaches, or anxiety about driving can affect sleep, family life, and the ability to get through a normal day. Those losses count, and they belong in the claim.

A Motorcycle Accident Attorney or other injury lawyer can also help connect medical records to the crash when the injuries are serious or complex. That kind of documentation gives us a cleaner path to fair compensation.

We often look at:

  • Medical records and doctor notes that tie symptoms to the crash

  • Bills, receipts, and treatment summaries

  • Wage loss records and employer statements

  • Future care recommendations

  • Personal notes about pain, limits, and missed activities

When we build the claim this way, the insurer sees the full impact, not just the property damage. That is how we protect the value of the case and move toward a result that reflects what was actually lost.

If we want help putting those pieces together, we can always Get a Free Case Review with CPIA. We are available 24/7 at (800) 800-8910, and we do not charge fees unless we win.

What compensation may be available after a hit and run

A hit and run can leave us dealing with more than vehicle damage. The crash may bring medical bills, missed work, pain, and a long stretch of uncertainty. In California, we may still have a path to recovery even if the other driver is never found, especially when we have strong records and the right insurance coverage.

Economic losses we can document

Economic losses are the out-of-pocket costs we can prove with bills, receipts, and wage records. These are the numbers that often hit first, because the expenses start piling up right away.

We may be able to seek payment for:

  • Emergency room care, ambulance transport, and hospital visits

  • Follow-up doctor appointments, imaging, prescriptions, and therapy

  • Physical therapy, chiropractic care, and other rehab services

  • Repairs to our car or the cost of replacing it

  • Missed income, reduced hours, and lost future earnings if we cannot work as before

When injuries need long-term care, the claim should also account for future treatment. A back injury, concussion, or knee injury may need more than one visit to solve. That is why we document every expense early and keep track of every missed shift.

In many hit and run claims, we also look to legal options after a hit and run in LA when we need a clearer sense of how compensation can be pursued through insurance or other available sources.

Non-economic harm that still matters

Not every loss comes with a receipt. Pain, stress, and fear after a hit and run can affect sleep, work, and family life in a real way. California law allows us to seek compensation for those harms too.

This type of loss may include:

  • Physical pain that lasts after the crash

  • Anxiety about driving or riding in a car

  • Trouble sleeping after the collision

  • Emotional strain, fear, or ongoing trauma

  • A reduced quality of life, including missed hobbies, exercise, or time with family

These losses matter because a crash changes more than a schedule. It can change how we move through the day. If we are limping, worried, or unable to rest, that has value in a claim.

Pain and trauma are real losses, even when no bill arrives in the mail.

A Motorcycle Accident Attorney can help in cases where the injuries are severe or where the impact on daily life is hard to measure at first.

Why a fast settlement offer may be too low

Insurance companies often move quickly after a crash, but speed does not mean fairness. An early offer may cover today's bills while leaving out tomorrow's treatment. That can be a problem when symptoms grow worse, new tests are needed, or work restrictions last longer than expected.

We should review any offer carefully before signing anything. Once a settlement is accepted, we usually give up the right to ask for more money later, even if the injury turns out to be more serious than first thought.

That is why we look at the full picture first. We consider future medical care, lost earning ability, pain, and the way the crash affects daily life. If the offer does not match those losses, it may be too low.

If we want a careful review before we make a decision, we can always Get a Free Case Review. CPIA is available 24/7 at (800) 800-8910, and we work on a contingency fee basis, so we do not get paid unless we win.

Practical next steps if we are ready to move forward

If we are ready to take action, the best move is to get organized and let us handle the pressure. Hit and run claims move faster when the records are clean, the timeline is clear, and the insurance company hears one consistent story. We can start that process with a free case review, then build the claim around the facts that matter most.

The goal is simple. We want to protect our right to compensation, avoid common mistakes, and keep the case on track from day one. When we step in early, we can preserve evidence, deal with the insurer, and keep the focus on recovery.

What to bring to a free case review

A strong first meeting starts with the right documents. Even if we do not have everything, bringing what we can helps us see the full picture faster and spot missing pieces.

Helpful items include:

  • The police report, or the report number if we do not have a copy yet

  • Photos of the vehicle damage, the crash scene, skid marks, and any visible injuries

  • Medical records, discharge papers, and follow-up instructions

  • Repair estimates, tow bills, and rental car receipts

  • Letters or emails from any insurance company

  • A written timeline of events, starting with the crash and ending with the most recent treatment

  • Witness names and contact information, if we have them

That timeline helps more than people expect. A short written account can clear up details that fade after a few days, like the time of impact, what the other car looked like, and when symptoms first started. If we have already spoken with an insurer, we should bring those notes too, because every word can matter later.

We also want to bring wage records if the crash kept us out of work. Pay stubs, employer letters, and notes about missed shifts help connect the injury to real financial loss. If our injuries are serious or long-lasting, we can also ask how coverage may work under California law and whether other claims are available, including issues often handled by a Motorcycle Accident Attorney when the crash involves severe harm.

The more complete the paper trail, the harder it is for an insurer to downplay the claim.

If we are ready to talk, we can Get a Free Case Review with California Personal Injury Attorneys. We are based in Encino, available 24/7 at (800) 800-8910, and we do not charge fees unless we win.

Mistakes we should avoid after a hit and run

Small choices after a crash can hurt a claim later. Insurance companies look for gaps, delays, and statements they can use against us, so we need to be careful from the start.

A few mistakes can cause real trouble:

  • Waiting too long to get medical care

  • Posting about the crash or the injuries on social media

  • Giving an incomplete or rushed statement to the insurer

  • Guessing about facts we do not know yet

  • Saying or writing that we were at fault before the facts are clear

Delaying treatment is one of the biggest problems. If we wait days or weeks to see a doctor, the insurer may argue that the injuries came from something else. That is why prompt care matters, even when the pain feels manageable at first.

Social media is another trap. A photo, comment, or check-in can be taken out of context and used to question pain, limits, or recovery. We should keep the case private and let the records speak for us instead. The same caution applies to phone calls with adjusters. A short, incomplete statement can leave out key facts, and once it is on record, it may be hard to fix.

We should also avoid accepting blame too soon. Hit and run cases often start with uncertainty, and the first version of events is not always the full version. California uses pure comparative fault, so insurers may try to shift part of the blame onto us. For that reason, we should let the evidence and the investigation guide the claim, not pressure or panic.

If the crash involved a disputed impact or a missing driver, legal help can make the difference between a weak file and a strong one. We can review legal options for hit and run victims in LA and decide what fits our situation best.

When we are ready, we step in quickly, keep the records tight, and let CPIA handle the rest.

Common questions about hit and run injury claims in Encino

After a hit and run, we often have the same concerns: who pays, how long it takes, and whether a claim still works if the driver is gone. The answers depend on the facts, the insurance coverage available, and how quickly we act.

In Encino and across Los Angeles, these claims can turn on small details. A partial plate, a witness, a traffic camera, or the wording of an insurance policy can change the whole case. That is why we focus on the evidence early and keep the claim organized from the start.

Can we still have a case if the driver was never identified?

Yes, we still may have a case even when the hit and run driver is never found. In many situations, we can pursue compensation through our own insurance, especially if uninsured motorist coverage applies. We can also use the police report, photos, witness statements, and medical records to support the claim.

That said, the facts matter. If the crash report is filed quickly and the scene is documented well, we usually have a stronger path forward. We may also have other options depending on the policy language and the injuries involved. When the claim feels uncertain, it helps to review legal options after a hit and run in Los Angeles with counsel who handles these cases every day.

Does uninsured motorist coverage help after a hit and run?

Yes, uninsured motorist coverage can be one of the most important parts of a hit and run claim. If the at-fault driver cannot be found, or if that driver has no insurance, this coverage may help pay for medical bills, lost wages, and other losses tied to the crash.

In plain terms, this coverage is designed for situations where the other side cannot pay. It can act like a safety net when the fleeing driver disappears and the usual claim path falls apart. We still need to prove what happened, though, so the report, photos, and medical records all matter.

If we are unsure what coverage applies, we should have the policy reviewed before we accept any offer. A short call with a Motorcycle Accident Attorney or another injury lawyer can help us avoid missing benefits that should be on the table.

How long does a hit and run claim usually take?

There is no single timeline. Some claims move in a few months, while others take much longer.

The pace usually depends on:

  • How serious the injuries are

  • Whether treatment is finished or still ongoing

  • How much insurance coverage is available

  • Whether the insurer disputes fault or coverage

  • Whether the case must be filed in court

If the injuries are still active, the claim often stays open longer so we can understand the full cost of care. When the insurer pushes back, the process slows down. If litigation becomes necessary, the case can take even more time, but that may be the right path when a fair settlement is not on the table.

When we want the claim handled with care from the beginning, we can Get a Free Case Review. We are available 24/7 at (800) 800-8910, and we do not charge fees unless we win.

Conclusion

A hit and run leaves us dealing with pain, stress, and a lot of uncertainty, but we still have options. The strongest claims come from quick action, solid evidence, and a clear record of medical care, losses, and insurance coverage.

When we move early, we give ourselves a better chance to protect our rights and recover fair compensation under California law. If we need help after a crash in Encino or anywhere in Los Angeles, we can Get a Free Case Review with CPIA, available 24/7 at (800) 800-8910.

We do not have to handle this alone. With experienced legal help, we can focus on healing while our case is built the right way.

How hit and run cases arise

  • A driver leaves after an injury collision, which Vehicle Code § 20001 makes a crime, and after property damage only, which Vehicle Code § 20002 also prohibits.
  • A parked vehicle is struck and the driver leaves no note with a name and address.
  • A pedestrian or cyclist is struck at night and the vehicle continues on.
  • The vehicle is identified later from a partial plate, a witness, or nearby video.
  • The vehicle is never identified, and the claim proceeds through uninsured motorist coverage.
  • The vehicle is identified but turns out to be uninsured, which again points to uninsured motorist coverage.

What has to be proven

A California negligence claim has four elements, set out in CACI 400: the defendant owed the injured person a duty of care, the defendant breached that duty, the breach was a substantial factor in causing harm, and the injured person suffered harm. Ordinary care is the care a reasonably careful person would use in the same situation (CACI 401).

Some rules shift that analysis. Where a statute intended to prevent this kind of harm was violated, negligence may be presumed under Evidence Code § 669 — the violation is treated as negligence unless the defendant shows the conduct was excusable. Where a defect in a product caused the injury, strict products liability applies and no proof of carelessness is required (Greenman v. Yuba Power Products (1963) 59 Cal.2d 57).

The burden of proof in a civil injury case is a preponderance of the evidence (Evidence Code § 115) — more likely than not, which is a lower standard than the criminal one. Whether the deadlines below were met is decided separately from the merits, which is why the dates matter as much as the facts.

Uninsured motorist coverage after a hit and run

When the at-fault driver is never identified, the claim usually proceeds against the injured person's own uninsured motorist coverage. Insurance Code § 11580.2(b) treats an unidentified hit-and-run vehicle as an uninsured motor vehicle where there was physical contact with the insured or the insured's vehicle, so the physical evidence of impact matters.

That coverage runs on its own clock. Insurance Code § 11580.2(i) requires that, within two years of the accident, the insured file suit against the at-fault party, reach a written agreement on the amount due, or make a formal demand for arbitration by certified mail. Reporting the collision promptly also matters: a driver involved in an injury accident must report it to the CHP or local police within 24 hours (Vehicle Code § 20008), and an independent record of the collision supports the coverage claim.

California deadlines that control the claim

A personal injury action must be filed in court within two years of the date of injury (Code of Civil Procedure § 335.1). Where the claim is against a city, county, transit agency, school district or other public entity, a written claim must first be presented to that entity within six months (Government Code § 911.2); if that period passes, an application to present a late claim must be made within one year of the incident (Government Code § 911.4).

Other filing periods can apply to the same set of facts. A claim for injury caused by a professional's negligence in a medical setting is governed by Code of Civil Procedure § 340.5, and a minor's claim is generally tolled during minority under Code of Civil Procedure § 352 — but that tolling does not extend the six-month government claim period. Where the injured person cannot reasonably have discovered the injury or its cause, the delayed discovery rule may postpone the start of the period (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797).

Missing an applicable deadline generally ends the claim regardless of how strong the underlying facts are, which is why the two dates above are the first thing to establish.

Economic and non-economic damages under California law

California divides compensatory damages into two categories. Economic damages are objectively verifiable monetary losses; non-economic damages are subjective, non-monetary losses (Civil Code § 1431.2(b)). The distinction has a practical consequence: economic damages are joint and several among defendants, while non-economic damages are apportioned to each defendant in proportion to that defendant's own share of fault.

Past medical expenses are limited to the amounts actually paid or still owed for the treatment, not the amount originally billed (Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541). Future medical care and future lost earning capacity are recoverable where they are reasonably certain to occur (CACI 3903A, CACI 3903D). Payments the injured person received from their own insurance are generally not deducted from the recovery under the collateral source rule (Helfend v. Southern Cal. Rapid Transit Dist. (1970) 2 Cal.3d 1).

Punitive damages are a separate category and are not available in an ordinary negligence case. They require clear and convincing evidence that the defendant acted with oppression, fraud or malice (Civil Code § 3294). What any particular claim is worth depends on the medical records, the wage evidence and the liability proof in that case; no lawyer can promise an amount.

  • Economic: emergency and hospital care, surgery, imaging, medication, physical therapy and reasonably certain future treatment.
  • Economic: wages already lost, and loss of future earning capacity where the injury limits the ability to work (CACI 3903D).
  • Economic: household services that now have to be paid for, mileage to treatment, assistive equipment and home modification.
  • Economic: property damage, including the vehicle, a bicycle, a helmet or clothing destroyed in the incident.
  • Non-economic: physical pain, mental suffering, anxiety, humiliation, inconvenience, grief and emotional distress (CACI 3905A).
  • Non-economic: disfigurement, physical impairment and loss of enjoyment of life, each valued on the evidence rather than a formula.

Los Angeles County context

Most injury actions arising in Los Angeles County are filed in the Superior Court of California, County of Los Angeles, and the court assigns designated personal injury cases to dedicated departments at the Stanley Mosk Courthouse, 111 North Hill Street, Los Angeles. Venue is generally proper where the injury occurred or where a defendant resides (Code of Civil Procedure § 395).

Public entities in the county each have their own claim channel, and the six-month period in Government Code § 911.2 runs regardless of which one applies — a claim arising on a Metro bus or rail line goes to the Los Angeles County Metropolitan Transportation Authority, a claim involving a City of Los Angeles street or sidewalk goes to the City Clerk, and a claim involving a school campus goes to the district. Claims involving Caltrans facilities, including the interstates and state routes that run through the county, are presented to the Department of General Services under Government Code § 915.

Collision and incident reports come from the agency that responded: the Los Angeles Police Department, the Los Angeles County Sheriff's Department, a city police department, or the California Highway Patrol for freeway collisions. The reporting agency determines how the report is requested and how long it takes to become available, which affects how early the evidence in a claim can be reviewed.

Who handles your hit and run accidents case

Guides on hit and run accidents claims

Free, confidential consultation 24/7. No fee unless we win. Call (800) 800-8910.