The driver who hit me left and was never found. What now?

• The driver of a vehicle in a crash that injures another person or kills anyone must stop at once at the scene.

  Cal. Veh. Code § 20001, subd. (a)

• That driver must give his or her name and current address, the registration number of the vehicle, and the name and current address of its owner. The information goes to the person struck or to the driver or occupants of the other vehicle, and to any police officer at the scene. The driver must also give reasonable help to anyone injured, including taking the person or arranging for the person to be taken to a doctor or hospital when it is clear treatment is needed or the injured person asks.

  Cal. Veh. Code § 20003, subd. (a)

• When a crash damages only property, including another vehicle, the driver must stop at once at the nearest place that does not block traffic or put other drivers in danger. The driver must then do one of two things. One is to find the owner or person in charge and give the name and address of the driver and of the vehicle’s owner. The other is to leave a written notice with that information and what happened, in a place where it will be seen, and to notify the city police or the CHP without unnecessary delay.

  Cal. Veh. Code § 20002, subd. (a)

• A driver who does not do these things commits a crime. When the crash damaged only property, it is a misdemeanor.

  Cal. Veh. Code § 20001, subd. (b); § 20002, subd. (c)

• The operator of a vehicle in a collision that results in, or is reasonably likely to result in, injury or death must stop at once at the scene or as close to it as possible, and must return at once if the vehicle was not stopped at the scene. The operator must find out at once whether a person is involved and needs aid, and must stay until the duties to give information and aid are met.

  Tex. Transp. Code § 550.021(a)

• When a collision only damages a vehicle that is driven or attended by a person, the operator must stop at once at the scene, or as close as possible without blocking traffic more than necessary. The operator must return if the vehicle was not stopped there, and stay until the duty to give information is met. A separate rule covers freeways in metropolitan areas.

  Tex. Transp. Code § 550.022(a), (b)

• The operator must give his or her name and address, the registration number of the vehicle, and the name of his or her liability insurer to any person injured and to the operator or occupant of, or person attending, a vehicle in the collision. If asked, and if it is available, the operator must show a driver’s license. The operator must also give reasonable help to anyone injured, including taking the person or arranging for the person to be taken to a doctor or hospital when it is clear treatment is needed or the person asks.

  Tex. Transp. Code § 550.023

• The operator of a vehicle that hits and damages an unattended vehicle must stop at once. The operator must find the operator or owner of that vehicle and give the name and address of the operator and the owner of the vehicle that hit it. Or the operator must leave a written notice with that information and a statement of what happened, in a place where it will be seen.

  Tex. Transp. Code § 550.024(a)

• A person who does not stop or does not meet these requirements commits an offense.

  Tex. Transp. Code §§ 550.021(c), 550.022(c), 550.024(b)

• A driver in an accident that injures or kills a person must stop at once at the scene or as close to it as possible, return to the scene, and stay there until the driver has given the information and help the statute requires.

  RCW 46.52.020(1)

• The driver must give his or her name, address, insurance company, insurance policy number and vehicle license number, and must show a driver’s license. These go to any person struck or injured and to the driver or any occupant of, or person attending, a vehicle that was hit. The driver must also give reasonable help to anyone injured, including taking the person or arranging for the person to be taken to a doctor or hospital when it is clear treatment is needed or it is asked for.

  RCW 46.52.020(3)

• When an accident only damages a vehicle that is driven or attended, or other property, the driver must move the vehicle off the roadway as soon as possible to a suitable place, and stay there until the information has been given. Moving the vehicle does not affect fault.

  RCW 46.52.020(2)(a)

• The operator of a vehicle that hits an unattended vehicle must stop at once. The operator must find and notify the operator or owner of that vehicle, or leave a written notice in a place in that vehicle where it will be seen, giving the name and address of the operator and of the owner of the vehicle that hit it.

  RCW 46.52.010(1)

• A driver who does not stop or does not give the information commits a crime. It is a felony when the accident caused an injury or a death, and a gross misdemeanor when it only damaged an attended vehicle or other property.

  RCW 46.52.020(4), (5)

• The driver of a vehicle in a crash that injures or kills anyone must make a written report within 24 hours. The report goes to the California Highway Patrol (CHP) or, if the crash was in a city, to the CHP or that city’s police department.

  Cal. Veh. Code § 20008, subd. (a)

• A driver must also report the crash to the DMV within 10 days if anyone was hurt or killed, or if damage to any one person’s property was over $1,000.

  Cal. Veh. Code § 16000, subd. (a)

• The operator of a vehicle in a collision that injures or kills a person, or that damages a vehicle so that it cannot be normally and safely driven, must give notice of the collision at once, by the quickest means of communication. Inside a city the notice goes to the local police department. Outside a city, the statute names the sheriff’s office among the places to notify.

  Tex. Transp. Code § 550.026(a)

• Unless a law enforcement officer is making a report, the driver of a vehicle in an accident must make a written report within four days when anyone is injured or killed, or when damage to any one person’s property is $1,000 or more. The report goes to the city police if the accident was in a city or town, and otherwise to the county sheriff or the State Patrol.

  RCW 46.52.030(1); WAC 446-85-010

• Every auto policy that covers liability for bodily injury must include uninsured motorist coverage, unless the insurer and a named insured agreed in writing to delete or reduce it. The coverage is for what the insured is legally entitled to recover, as damages for bodily injury or wrongful death, from the owner or operator of an uninsured motor vehicle.

  Cal. Ins. Code § 11580.2, subd. (a)(1)

• The statute counts a vehicle whose owner or operator is unknown as an uninsured motor vehicle, on conditions. First, the bodily injury must have arisen out of physical contact of that vehicle with the insured or with a vehicle the insured was occupying.

  Cal. Ins. Code § 11580.2, subd. (b)(1)

• Second, the insured, or someone acting for the insured, must have reported the accident within 24 hours to the police department of the city where it happened. Outside a city, the report goes to the county sheriff or to the local headquarters of the CHP. Then, within 30 days after that, a statement under oath must be filed with the insurer. The statement says the insured has a claim for damages against a person whose identity cannot be determined, and sets out the facts that support it.

  Cal. Ins. Code § 11580.2, subd. (b)(2)

• When the named insured is a person, the statute’s word “insured” covers the named insured, his or her spouse, and relatives of either who live in the same household, whether they were in a motor vehicle or not. It also covers any other person in, getting into or getting out of the insured vehicle. The statute lists exclusions.

  Cal. Ins. Code § 11580.2, subds. (b), (c)

• Whether the insured is legally entitled to damages, and how much, is decided by agreement between the insured and the insurer. If they disagree, it is decided by arbitration before a single neutral arbitrator.

  Cal. Ins. Code § 11580.2, subd. (f)

• An insurer may not issue an auto liability policy in Texas unless it provides uninsured or underinsured motorist coverage in the policy or supplemental to it. The coverage protects insureds who are legally entitled to recover damages for bodily injury, death or property damage from the owner or operator of an uninsured or underinsured motor vehicle. It does not apply if an insured named in the policy rejects it in writing.

  Tex. Ins. Code § 1952.101

• The policy must require that, when the owner or operator of the vehicle that caused the injury or damage is unknown, the insured can recover under the uninsured motorist coverage only if there was actual physical contact between the unknown person’s vehicle and the person or property of the insured.

  Tex. Ins. Code § 1952.104(3)

• A new or renewed auto liability policy must include coverage that protects the people it insures when they are legally entitled to recover damages from the owner or operator of an underinsured motor vehicle, a hit and run motor vehicle or a phantom vehicle. In this statute an underinsured motor vehicle includes one with no liability insurance at all. The named insured or spouse may reject the coverage in writing. The statute makes exceptions, including for a person operating or occupying a motorcycle.

  RCW 48.22.030(1), (2), (4)

• A phantom vehicle is a motor vehicle that causes bodily injury, death or property damage to an insured and has no physical contact with the insured or with the vehicle the insured is occupying. The statute attaches two conditions. The facts of the accident must be able to be corroborated by competent evidence other than the testimony of the insured or of any person who has an underinsured motorist claim from the accident. And the accident must have been reported to the appropriate law enforcement agency within 72 hours.

  RCW 48.22.030(8)

• For a claim under this coverage, one of three things must happen within two years from the date of the accident. One: a suit for bodily injury is filed against the uninsured motorist in a court with jurisdiction. Two: agreement on the amount due under the policy is concluded. Three: the insured formally starts arbitration by notifying the insurer in writing, sent by certified mail with return receipt requested. If none of them happens, the statute says no cause of action arises under the policy.

  Cal. Ins. Code § 11580.2, subd. (i)(1)

• A claim against your own insurer for uninsured motorist benefits is a contract claim, generally subject to a four year limit. The Supreme Court of Texas held in 1974 that the four year limit for suits on a written contract applies, and not the two year limit for injury suits.

  Franco v. Allstate Ins. Co., 505 S.W.2d 789 (Tex. 1974); Tex. Civ. Prac. & Rem. Code § 16.051

This page has no verified rule on this for Washington. Ask us.

• The uninsured motorist coverage described above is for bodily injury. The statute says it does not apply to property damage sustained by the insured.

  Cal. Ins. Code § 11580.2, subd. (c)(1)

• A separate statute requires insurers to offer coverage for the insured vehicle. If the policy has collision coverage, the offer is for the insurer to pay the collision deductible when the crash is with an uninsured vehicle. If the policy has no collision coverage, the offer is for damage to the insured vehicle, up to its actual cash value or $3,500, whichever is less. A named insured may decline the offer.

  Cal. Ins. Code § 11580.26, subds. (a), (c)

• Payment under either is made only where there was actual, direct physical contact with the uninsured vehicle, and where the owner or operator of that vehicle is identified or the vehicle is identified by its license number. The insured, or someone acting for the insured, must also have reported the accident to the insurer or its agent within 10 business days.

  Cal. Ins. Code § 11580.26, subd. (b)

• In Texas, uninsured motorist coverage covers property damage as well as bodily injury. The physical contact rule for an unknown owner or operator applies to property damage too.

  Tex. Ins. Code §§ 1952.101(a), 1952.104(3)

• Property damage coverage under this part of the policy is subject to a deductible of $250.

  Tex. Ins. Code § 1952.105(b)

• An insured who has both collision coverage and uninsured motorist property damage coverage may recover under whichever the insured chooses. If neither alone covers all the damage, the insured may recover under both, but not more than the actual damage.

  Tex. Ins. Code § 1952.107(a), (b), (d)

• The required coverage includes property damage. In the statute that means physical damage to the insured motor vehicle, unless the policy specifically covers its contents or other property. Property damage coverage need only be issued together with coverage for bodily injury or death.

  RCW 48.22.030(2), (3)

• The policy may provide for a deductible of not more than $300 for property damage caused by a hit and run driver or a phantom vehicle.

  RCW 48.22.030(7)(a)

• For the California Victim Compensation Board’s program, an injury or death from driving a motor vehicle counts as a crime only in listed cases. One of them is an injury or death caused by a driver who fails to stop at the scene of an accident in violation of Vehicle Code section 20001.

  Cal. Gov. Code § 13955, subd. (e)(2)(B)

• An application must be filed within seven years of the date of the crime, within seven years after the victim turns 21, or within seven years of when the victim knew or could have discovered that an injury or death was a direct result of a crime, whichever is later. The board may extend the time for good cause.

  Cal. Gov. Code § 13953, subds. (a), (b)

• The program covers pecuniary loss, which the statute defines as an economic loss or expense from the injury or death that has not been and will not be reimbursed from any other source.

  Cal. Gov. Code § 13951, subd. (e); § 13955, subd. (g)

• For the Texas crime victims’ compensation program, conduct that arises out of the use of a motor vehicle counts as “criminally injurious conduct” only in listed cases. One of them is conduct that violates Transportation Code section 550.021, the duty to stop after a collision that results in injury or death.

  Tex. Code Crim. Proc. art. 56B.003(4)(D)(iii)

• An application must be filed not later than the third anniversary of the date of the conduct. The attorney general may extend the time for good cause. The conduct must also have been reported to a law enforcement agency within a reasonable period.

  Tex. Code Crim. Proc. arts. 56B.052(a), (b), 56B.053(a)

• The attorney general may deny or reduce an award to the extent the loss is recouped from a collateral source. The statute’s list of collateral sources includes insurance proceeds payable to the victim for the loss.

  Tex. Code Crim. Proc. arts. 56B.003(3)(G), 56B.107(a)(3)

• For Washington’s crime victims compensation program, driving a motor vehicle in violation of law counts as a criminal act only in listed cases. One of them applies when the person who committed a vehicular assault cannot be identified because he or she left the scene of the accident in violation of RCW 46.52.020. In that case the Department of Labor and Industries may establish, by a preponderance of the evidence, that a vehicular assault was committed, and authorize benefits.

  RCW 7.68.020(6), (7)

• A person commits vehicular assault by driving in a reckless manner, while under the influence of alcohol or a drug, or with disregard for the safety of others, and causing substantial bodily harm to another.

  RCW 46.61.522(1)

• The department must receive the application within three years after the date the criminal act was reported to a local police department or sheriff’s office. For good cause the department may extend that to as much as five years after the report. The act must have been reported within twelve months of when it happened, or of when a report could reasonably have been made.

  RCW 7.68.060(1)