Hit-and-run accidents: which insurance pays and what to do

What to do after a hit-and-run

1. Check yourself and your passengers for injuries and call 911 if anyone is hurt.
2. Do not chase the other driver; stay at the scene, safely out of traffic.
3. Write down everything you remember about the other car: plate number (even part of it), make, model, color, damage and direction of travel.
4. Look for witnesses and ask for their names and phone numbers.
5. Note nearby cameras at businesses, homes, traffic signals or other cars with dashcams, and ask owners to save the footage.
6. Photograph the damage, any paint transfer or debris, skid marks and the wider scene.
7. Report the crash to police as soon as possible and get the report number.
8. Notify your insurer promptly and ask which coverages apply.
9. Get medical care if you feel any pain, and keep records of every bill and expense.

If your car was hit while parked and nobody saw it happen, the same steps apply: photograph the damage where the car is, look for a note or witnesses, ask nearby businesses about cameras, and report it to police before you move the car if you can.

Which car insurance covers a hit-and-run

A hit-and-run driver is usually treated like an uninsured driver because nobody knows who they are or whether they had insurance. That means your own policy does the work.

If you only carry liability coverage, it does not pay for your own car. You would need collision or uninsured motorist property damage coverage for that, and PIP, medical payments or health insurance for injuries. The NAIC notes that when an uninsured driver damages your car, your collision coverage or your uninsured motorist property damage coverage, if you bought it, pays, and that you pay a deductible either way.

Read more about uninsured motorist coverage and collision coverage.

Uninsured motorist rules that affect hit-and-run claims

Uninsured motorist coverage is defined by state law, and three rules come up again and again in hit-and-run claims.

Physical contact

Many states require actual contact between the unknown driver's car and you or your car. Texas law says that when the at-fault driver is unknown, uninsured motorist coverage applies only if there was actual physical contact between that driver's vehicle and the insured person or property. California's injury rule for hit-and-runs also requires physical contact. A "miss-and-run," where a driver forces you off the road without touching your car, may not qualify in those states, so collision coverage may be your only route for the car.

Identification

Some states' uninsured motorist property damage coverage only pays when the other driver is known. In California, this coverage pays up to $3,500 or your car's actual cash value, whichever is less, but only when there was direct physical contact and the at-fault driver or the car's plate number is identified. If you also have collision coverage, it pays only the collision deductible you would otherwise owe, within that cap. For a hit-and-run where nobody is identified, collision coverage is usually what repairs the car in California.

Reporting

Reporting deadlines are strict. The Texas Department of Insurance warns that uninsured motorist coverage will not pay for a hit-and-run you did not report to police. California requires the police report within 24 hours for injury claims. California's accident guide also notes that most policies require hit-and-runs to be reported to police within a set period, so check your own policy as well as state law.

Reporting deadlines for hit-and-run claims

Other states and policies set their own deadlines. When in doubt, call police the same day and notify your insurer immediately.

If you are the driver who hit something

Leaving the scene turns a fender-bender into a crime. In California, a driver who damages an unattended car or property must stop, then either find the owner and give their name and address or leave a note with their details and a description of what happened, and promptly notify police. Breaking these rules can bring up to 6 months in county jail, a fine of up to $1,000, or both. Leaving a crash that injured someone is far more serious, with a fine of $1,000 to $10,000 and possible prison time.

If you hit a parked car, report it to your insurer too. Your property damage liability coverage pays the other owner. See our after-a-crash checklist for what to do at the scene.

Will a hit-and-run claim raise my rates?

Usually a hit-and-run counts as a not-at-fault loss, but how your insurer rates it depends on the company and the state.

• In California, a rating plan may not raise your premium because of an accident in which you were not at fault.
• In Florida, being hit by a hit-and-run driver is one of the listed situations in which a surcharge must be reimbursed, provided the crash was reported to the proper authorities within 24 hours of discovering it.

Elsewhere, ask your insurer how it treats hit-and-run claims. Our guide to rates after a claim covers the general rules.

If police find the other driver

If the driver is identified later, the claim can change course:

• You can make a claim against the driver's liability insurance, which has no deductible.
• If your insurer already paid, it can pursue the driver and their insurer through subrogation. California's accident guide says that when your insurer recovers from the at-fault party, it must include your deductible unless you have already recovered it.
• If the driver turns out to be uninsured, your uninsured motorist coverage still applies, and in some states identification may open up uninsured motorist property damage coverage.

Keep your insurer informed about the police investigation, and do not sign any release from the other driver without understanding how it affects your claim.