A San Jose hit-and-run accident lawyer helps you recover compensation after a driver leaves the scene of a crash, even when the police never find that driver.
California law lets you file an uninsured motorist claim with your own insurer or pursue a civil case if the driver is later identified. Alexander Law Group handles the insurance claim, the search for evidence, and the legal filing deadlines at the same time.
Most people assume a hit-and-run case ends the moment the driver disappears. That assumption is wrong, and it costs crash victims money they had every legal right to pursue. California treats a hit and run as two separate problems: a criminal case against the driver if one turns up, and a civil claim for your injuries that moves forward on its own timeline.
Alexander Law Group LLP represents drivers, cyclists, and pedestrians hit by drivers who fled anywhere in San Jose and Santa Clara County. If a driver left the scene of your crash, call (408) 289-1776 for a free case review.
Why Hire a San Jose Hit-and-Run Accident Lawyer?
Hiring a San Jose hit-and-run accident lawyer gives you a path to compensation that does not depend on the police finding the driver who hit you.
Richard Alexander has practiced personal injury law in California since 1971 and has spent decades building cases where the at-fault party was not immediately known, including product liability and toxic exposure matters that required tracking down responsible parties through discovery.
Partner Nina Shapirshteyn has handled motor vehicle and wrongful death claims across California courts, including cases where insurance companies fought over who was actually liable.
A hit-and-run case moves on two tracks at once, and missing either one costs you money. Alexander Law Group manages both tracks for clients, including:
- Filing and negotiating an uninsured motorist claim with your own insurance company under California law.
- Coordinating with the San Jose Police Department (SJPD) traffic investigation unit to track the status of any criminal case.
- Subpoenaing traffic camera, business, and doorbell camera footage from around the crash location before it gets overwritten.
- Filing a civil lawsuit in Santa Clara County Superior Court against the driver if that driver is later identified.
- Calculating the full value of your claim, including future medical care and lost earning capacity, not just your current bills.
What Is a Hit-and-Run Accident Under California Law?
A hit-and-run accident happens when a driver involved in a crash leaves the scene without stopping to exchange information or help anyone who got hurt. California law creates this duty regardless of who caused the crash. The driver who hit you has to stop even if you ran a stop sign or changed lanes without signaling.
The Duty To Stop and Exchange Information
California Vehicle Code section 20001 requires a driver involved in a crash that injures or kills someone to stop, provide their name, address, and vehicle registration, and show their driver’s license if asked. A driver who knows or reasonably should have known about the crash and leaves anyway has committed a hit-and-run under this statute.
Hit-and-Run With Only Property Damage
California Vehicle Code section 20002 covers crashes that damage a vehicle or other property but do not injure anyone. The driver still has to stop, locate the property owner, and exchange information, or leave a note with contact details if no one is around. Leaving without doing either one violates this section even when nobody got hurt.
Felony vs. Misdemeanor Hit and Run: What’s the Difference?
California charges hit and run as a felony when the crash injures or kills someone and as a misdemeanor when the crash only damages property. The charging decision depends entirely on the outcome of the crash, not on how fast the driver was going or how the crash happened.
| Felony Hit and Run (VC 20001) | Misdemeanor Hit and Run (VC 20002) | |
| What triggers it | Crash causes injury or death | Crash causes property damage only |
| Jail or prison time | 16 months to 3 years in state prison, or up to 1 year in county jail (minimum 90 days if the victim died or suffered permanent injury) | Up to 6 months in county jail |
| Fines | $1,000 to $10,000 | Up to $1,000 |
| License impact | Point on driving record, possible license suspension | Two points on driving record |
| Effect on your civil claim | Criminal restitution does not replace a personal injury settlement | Criminal restitution may cover part of your property damage |
Does a Criminal Case Affect Your Civil Claim?
A criminal hit-and-run case and your civil injury claim run on separate tracks with separate outcomes. A prosecutor decides whether to file criminal charges based on evidence and the driver’s record, and that decision has nothing to do with whether your civil claim moves forward.
Your civil case for medical bills, lost wages, and other losses proceeds under its own rules even if the district attorney declines to file charges or a criminal case ends in an acquittal.
What to Do Immediately After a Hit-and-Run in San Jose
The steps you take at the scene shape whether your case ever identifies the driver who hit you. Details fade fast, cars get repaired, and witnesses move on within days.
- Do not follow or chase the driver who fled. Getting the plate number is not worth a second crash.
- Call 911 right away so officers can respond, document the scene, and start a police report while it is still fresh.
- Write down everything you remember about the vehicle: color, make, model, any part of the license plate, and the direction it went.
- Take photos of the crash scene, your vehicle’s damage, skid marks, and any debris left behind.
- Get names and phone numbers from anyone who saw the crash before they leave the area.
How Do Investigators and Attorneys Identify a Hit-and-Run Driver?
San Jose investigators and attorneys track down hit-and-run drivers by pulling together evidence from cameras, records, and community tips rather than relying on a single lead. No one source solves most of these cases on its own.
- Traffic signal cameras at intersections along corridors like Capitol Expressway, McKee Road, and Monterey Road can capture vehicles passing through around the time of a crash.
- Home and business security systems, including doorbell cameras, frequently record vehicles on residential streets and parking lots.
- The SJPD traffic investigation unit follows up on hit-and-run reports, pulls paint transfer evidence, and checks vehicle repair shop records for matching damage.
- Posts in neighborhood groups and local social media sometimes surface witnesses or even the driver, since hit-and-run vehicles often show visible damage.
- Vehicle debris left at the scene, such as broken mirror housings or paint chips, helps narrow down the make and model involved.
What Happens When Police Don’t Find the Driver?
A case where the driver is never identified does not stop at that point. Your attorney shifts the claim toward your own insurance policy through an uninsured motorist claim, which exists specifically for this situation.
Using Uninsured Motorist Coverage After a Hit-and-Run in California
Uninsured motorist (UM) coverage steps in and pays for your injuries when the driver who hit you is never identified or carries no insurance. California Insurance Code section 11580.2 requires insurance companies to offer this coverage on every auto policy, and most California drivers carry it whether they realize it or not.
A hit-and-run UM claim comes with specific conditions attached, and missing one of them puts the whole claim at risk.
- The hit-and-run vehicle must have made physical contact with you or with the car you were in for the claim to qualify.
- You must report the crash to local police or the California Highway Patrol (CHP) within 24 hours of it happening.
- You must file a sworn statement within 30 days confirming you have a valid claim against a driver who cannot be identified.
- Your UM coverage limit typically matches the bodily injury liability limit you selected when you bought the policy.
What if the Driver Never Touched My Car?
A phantom vehicle claim, where another car forced you off the road without ever making contact, faces extra scrutiny under California law. Insurance companies often deny these claims outright unless independent witnesses or physical evidence corroborate the other vehicle’s presence. Getting witness statements at the scene matters even more in this situation than in a direct-contact crash.
The 24-hour and 30-day deadlines above apply on top of your injury claim’s overall filing deadline. California gives you two years from the date of the crash to file a personal injury lawsuit under California Code of Civil Procedure section 335.1, and that deadline applies whether the driver is later identified or the claim stays with your own uninsured motorist coverage.
What Compensation Can You Recover After a Hit-and-Run Accident?
Compensation after a California hit-and-run accident covers the same categories of loss as a standard car accident claim, filed either against your own UM coverage or against the driver once identified. The source of payment changes depending on whether the driver turns up, but the categories of loss stay the same.
- Medical treatment costs, including emergency care, surgery, physical therapy, and future treatment tied to the crash.
- Lost wages for time missed from work, plus reduced future earning capacity if your injuries limit what work you can do.
- Pain and suffering tied to your physical injuries and the disruption to your daily life.
- Vehicle repair or replacement costs and related property damage.
- Your uninsured motorist policy limits, which cap what your own insurer pays if the driver is never found.
You may be entitled to compensation across several of these categories at once, and the total depends on your medical records, wage documentation, and policy limits rather than a fixed formula.
FAQ for San Jose Hit-and-Run Accident Lawyer
Do I need a police report to file a hit-and-run claim in California?
Yes, a police report is required for an uninsured motorist claim tied to a hit and run. California law requires you to report the crash to police or the California Highway Patrol within 24 hours, and insurers rely on that report to verify the claim.
What if the hit-and-run happened in a parking lot?
A hit-and-run in a parking lot still falls under California’s hit-and-run laws and uninsured motorist coverage. The same duty to stop and exchange information applies on private property as it does on a public road.
Can I sue the hit-and-run driver personally if police identify them later?
Yes, you may file a civil lawsuit against the driver directly once they are identified, separate from any uninsured motorist claim already filed. Santa Clara County Superior Court handles these civil filings for crashes that occur in San Jose.
Does a hit-and-run involving a bicyclist or pedestrian work differently than one involving two cars?
No. A driver’s duty to stop and provide information applies the same way whether the crash involved another vehicle, a cyclist, or a pedestrian, and the injured person pursues compensation through the same uninsured motorist or civil claim process.
What if I were a passenger during a hit-and-run accident?
A passenger injured in a hit-and-run may file a claim against the vehicle’s uninsured motorist coverage, either through the driver’s policy or their own if they carry a separate policy. Passengers generally have the same access to compensation as the driver of the car they were riding in.
Call a San Jose Hit-and-Run Accident Lawyer Before the Evidence Disappears
Traffic camera footage gets overwritten. Security systems record over old files within days. Witnesses who saw the crash move on and forget details they would have remembered clearly the same afternoon.
The gap between a hit-and-run case that gets solved and one that goes cold often comes down to how fast someone starts pulling evidence together.
Alexander Law Group LLP has represented California crash victims since 1971, including cases where identifying the responsible party took investigative work rather than a straightforward insurance exchange.
Call (408) 289-1776 for a free case review of your San Jose hit-and-run accident claim, and get someone working on your evidence while it still exists.
