What is Considered a Hit and Run?

A hit and run, by definition, is a car accident where a vehicle hits a person, object, or other vehicle, then, the driver flees the scene without providing their information. This leaves victims without any way to get compensation or medical help.

Hit and run statutes vary from state to state, however, it is usually considered the crime of a driver of a vehicle who is involved in a collision with another vehicle, property, or person, who knowingly fails to provide the necessary information. This includes his or her name, license number, and other details as required by law to the injured party, witness, or police officials.

If a vehicle has hit property and no other persons are involved, it may suffice to leave the information attached to the damaged property, provided that the person who caused the accident makes a police report.

Examples of what happens in a hit and run accident include:

• A driver hitting pedestrians in the crosswalk and then speeding off.
• A driver hitting your unattended parked car without leaving contact information or any means of collecting damages.

What are the Penalties of a Hit and Run Case?

The severity of penalties in a hit-and-run case hinges on the extent of the damage or injuries caused. Generally, you can expect the penalties to fall into one of these categories:

• Misdemeanor: This applies to cases involving property damage only, with no injuries. Fines can reach up to $1,000 and there is a potential jail time of up to one year, depending on the state.
• Felony: If the hit-and-run incident results in serious injuries or fatalities, it becomes a felony, carrying much stricter penalties. This could include fines up to $20,000, up to one year in jail, and license revocation.

Beyond the legal consequences, being convicted of a hit-and-run can have lasting impacts, including:

• Civil lawsuits: The victims have the right to pursue compensation for medical expenses, lost wages, and pain and suffering through civil suits. These lawsuits can result in substantial financial obligations for the offender.

What to Do After a Hit and Run Accident

If you are the victim of a hit-and-run, getting medical attention is the number one priority. Call the police for help if you can, otherwise call out for help from fellow drivers/pedestrians. If your injuries are not serious, it is important to remain calm and try to gather as much evidence as possible given the status of the scene. Having more information increases the likelihood of the police catching the driver who hit you, and helps your car insurance company make decisions about your claim.

Try to get information about the make, model, and license plate number of the car. Next, look around and talk to witnesses. Perhaps, they were able to view additional details about the car or can supply missing information about the driver’s profile.

Document the scene and take pictures and videos on your phone. Be sure to get different angles of your car, especially if there are remnants of paint from the other car. (This will help prove you are not attempting to defraud your insurance company.)

If the hit and run occurred when your vehicle was parked, you should also document as much information as you can – the time you discovered the damage, the location of the vehicle, and details on the damage. 

While it may be tempting to go after the other car, either by driving or on foot, this may cause more harm than good. Not only are you putting other vehicles at risk with reckless driving, but also you may injure yourself further.

It is best to call the police and file an accident report that includes the details you gathered, as well as the names and contact information of witnesses you were able to find. Even if the police cannot find the driver, having an official police report can go a long way in processing your auto claim.

Contact your car insurance company. In terms of auto insurance, hit-and-run accidents are the only accident in which you are not at fault for which you will be required to pay your collision deductible, in most cases. There is no other coverage on your auto policy that will cover a hit and run, which is why you will be required to pay the deductible. If you do not carry this optional coverage, you will not have insurance benefits to cover your damage.

Seek Legal Support After a Hit and Run

The consequences of a hit-and-run can be crushing, both legally and personally. Don’t navigate this complex and stressful situation alone.

At 1-800-THE-LAW2, our network of experienced car accident lawyers is ready to fight for you. A single call connects you with the legal guidance you need. Contact us today to get connected for a free consultation.

Navigating the aftermath of a car accident can be daunting, particularly when it involves a parked vehicle. Imagine the unsettling feeling of discovering that someone hit your parked car. The scenarios can be varied: from someone returning from grocery shopping only to find a dent with no note, to a driver who accidentally brushes against a parked car and leaves in a hurry. These are instances that play out frequently on our roads and parking spaces.

According to an Allstate Insurance study from 2010, 69 percent of all hit-and-runs in the U.S. involve parked cars. If your parked car was damaged in a hit and run incident, you may be feeling lost and confused about what to do – after all, it’s not clear whether you’ll be able to identify who caused the collision so that you can contact them for insurance information or compensation. Here are some considerations to keep in mind as you proceed.

When a hit and run in a parking lot occurs, many questions arise. Does insurance cover a hit and run parked car? What are the implications of your parked car being hit concernig your auto insurance premium? How crucial are photos of the damage? How immediately should one report the accident to ensure full coverage?

It’s essential to be equipped with the right information and know the steps to take when faced with such situations. As the victim trying to piece together what happened, gather evidence, identify eyewitnesses, and move forward with your legal remedies, having clarity on the process can significantly ease the strain of the situation.

In this guide, we’ll detail what you should do in the unfortunate event of a hit and run involving your parked car.

What Should I Do If Someone Hits My Parked Car?

Discovering that your vehicle has been hit while parked can be an upsetting and confusing experience. You may find yourself overwhelmed with questions about the best course of action. This guide aims to provide a comprehensive roadmap for dealing with such an incident, covering everything from gathering evidence to dealing with insurance claims.

Initial Steps When You Discover the Damage

1. Check for the Other Driver or a Note: Upon noticing the damage, your first step should be to look for the other driver. If they’re still around, exchange information including names, contact details, insurance information, and vehicle registration numbers. If the driver has left, check for a note with their contact and insurance details.
2. Look for Witnesses and Security Footage: If no note is left and the driver is absent, search for potential witnesses who might have seen the incident. Their testimonies can be invaluable. Additionally, check if there are security cameras in the area that might have captured the collision. Speak to security personnel or property owners to gain access to this footage.
3. Document the Scene: Take clear photographs of the damage to your vehicle from multiple angles. Also, photograph the surroundings to provide context about the location of the incident. This visual evidence is crucial for insurance purposes and, if necessary, legal proceedings.
4. Contact the Police: If the damage is significant, it’s advisable to call the police. They can file a report, which not only helps in the insurance claim process but also in legally documenting the event. In some jurisdictions, it’s required by law to report such incidents to the police.
5. Notify Your Insurance Company: As soon as possible, inform your insurance company about the incident, even if you don’t have the other party’s details. Provide them with all the information and evidence you’ve gathered. If the other driver left their details, contact their insurance company as well.

Dealing with Insurance

1. Understanding Your Coverage: Understand the specifics of your insurance policy. Does it cover hit-and-run incidents? Are you covered for uninsured motorists? Knowing these details will help you understand how much of the repair costs your policy will cover.
2. Avoid Engaging Without Consulting an Attorney: Discussions without an attorney can lead to subtle, undermining disclosures that could result in a lower payout, or even an insurance claim rejection. As the claimant, unless you’re trained in the law you will not necessarily know what to say and what not to say – that’s where an attorney comes in.
3. Filing the Claim: When filing a claim, be as detailed as possible. Provide all the evidence you’ve gathered, including photos, witness testimonies, and the police report. Be honest and thorough in your account of the incident.
4. Managing Repairs: Depending on your coverage, you may have to initially pay for repairs out of pocket, especially if the other driver is unidentified. Keep all receipts and documentation for reimbursement purposes.

Legal Considerations

1. Understanding Hit-and-Run Laws: Familiarize yourself with local hit-and-run laws. In many places, leaving the scene of an accident without providing contact information is a criminal offense.
2. Seeking Legal Advice: If you face challenges in getting your claim accepted or if the other party disputes their involvement, consider consulting with a lawyer. Legal professionals can offer guidance and representation, ensuring that your rights are protected.

Preventative Measures for the Future

Choosing Safe Parking Spots: Try to park in well-lit, secure areas with surveillance cameras. This not only deters potential hit-and-run drivers but also ensures that any incident is recorded.

Investing in a Dash Cam: Consider installing a dash cam with parking mode in your vehicle. This can provide crucial evidence in case of any such incidents in the future.

Being the victim of a parking lot collision can be a distressing experience, but knowing how to effectively respond can alleviate some of the stress and uncertainty. By following these steps, you can ensure that you’re adequately prepared to handle the situation, both practically and legally. Remember, if you’re ever unsure about what to do, seeking professional legal advice can provide clarity and support.

Navigating the aftermath of a hit and run involving a parked car can be daunting, but being armed with the right information and steps to take ensures that the situation is handled effectively and ethically. 

Understanding your responsibilities and rights is paramount. Always remember to prioritize safety, act responsibly, and seek guidance when needed.

Car accidents, even those involving stationary vehicles, have legal, financial, and moral dimensions. And in such trying times, remember that insurance providers, security personnel, and legal experts are there to assist.

Stay informed, stay calm, and ensure you make the best decisions moving forward.

This article can help to answer these questions about hit and run consequences: What is a hit and run? | What are the charges for a hit and run? | Is a hit-and-run a felony or misdemeanor? | How many points for leaving the scene of an accident? | What evidence is needed to convict a hit and run?

Hit and run car accidents are a concerning and serious issue that can lead to both minor and major legal consequences. From minor hit and run charges to potential felony offenses, understanding the evidence needed to prove hit and run, along with the associated penalties, is crucial for both the driver of a vehicle and the victims involved.

In California, hit and run consequences can range from misdemeanor hit and run charges, leading to fines and county jail time, to more severe punishments depending on the circumstances of the auto accident. 

How serious is a hit and run? The penalties can affect everything from car insurance rates to legal standing, making it essential to call the police and law enforcement at the scene and cooperate fully with the insurance company. 

In this article, we will explore the various facets of what is the penalty for hit and run, looking into the legal ramifications and the importance of understanding your auto insurance policy and legal responsibilities.

If you are a victim of a hit-and-run accident, consult with a qualified hit and run lawyer for guidance. Contact 1-800-THE-LAW2 today to schedule your free consultation.

What Is a Hit and Run?

A hit and run is generally defined as being involved in a car accident, either with another vehicle, a motorbike, or even pedestrians. Then, leaving the scene of the accident without stopping to identify oneself, or to provide aid to anyone who might need assistance.

Common hit and run circumstances include:

• Drivers causing serious injury to a pedestrian and fleeing the scene because he or she was driving with a suspended license from a previous DUI charge and did not want to be charged for another offense
• Drivers hitting a parked car and leaving the scene to avoid paying for property damage
• Drivers hitting police cars that have been set up as part of a roadblock to avoid getting in trouble

Fleeing the scene of an accident has serious consequences. All drivers should think twice before leaving the scene of any accident they have been involved in.

Hit and Run Charges

What Is the Penalty for Leaving the Scene of an Accident?

In most states, including California, the act of leaving the scene of an accident—whether the driver of a vehicle caused the hit and run car accident or not—can lead to serious legal consequences. The fact that a party left the scene is usually enough to face hit and run consequences, ranging from misdemeanor hit and run charges to felony offenses, depending on the severity of the damage and injuries involved.

An exception to this might occur if someone left the scene to get help, provided that he or she returns immediately. This underscores the importance of understanding how serious a hit and run can be, and why it is essential to call the police or other law enforcement immediately after an auto accident. Failing to do so can lead to difficulties with both the legal system and insurance companies. The evidence needed to prove a hit and run might involve witness testimony, surveillance footage, or physical evidence at the scene.

In California, the hit and run consequences can be particularly stringent, affecting everything from car insurance premiums to one’s criminal record. Penalties might include fines, county jail time, increases in auto insurance rates, or the suspension of a driver’s license. Cooperation with law enforcement and your insurance company, along with a clear understanding of your rights and responsibilities, can be crucial in navigating the complex landscape of hit and run charges.

Major vs. Minor Penalties

Is a Hit and Run a Felony or Misdemeanor?

Hit and run consequences vary from state to state. Many states classify the charge as either a felony or misdemeanor depending on specific circumstances. Felony charges tend to be imposed in instances where a person has suffered any kind of injury, whether the injured person was a pedestrian or occupant in another vehicle. 

Guilty persons may be fined anywhere from $5,000 to $20,000. In addition, they may face the possibility of jail time of up to 15 years. A misdemeanor offense, while less severe than a felony, is punishable by a fine of up to $5,000 and also up to one year in jail.

License Points

How Many Points for Leaving the Scene of an Accident?

In addition to criminal consequences of a hit and run, almost every state imposes administrative penalties related to the person’s license. Any conviction will usually result in automatic suspension, or even revocation of the driver’s license for about six months. Some states impose the suspension for as long as three years. Other states impose the suspension for a lifetime, depending on the circumstances of the accident.

At-fault drivers may also be subject to civil cases. An injured party can file an injury claim for damages to their property. They may also be able to file for compensation for medical treatment and lost wages.

What Evidence is Needed to Convict a Hit and Run?

In a criminal trial, a prosecutor must usually prove the following facts to find someone guilty of a hit and run:

• While driving, the defendant was involved in the vehicle accident
• The accident caused serious injury, permanent injury, or death to someone else
• The defendant knew he or she was involved in the accident that caused injury to someone else, or knew that injury was probable given the circumstances of the accident, AND he or she willfully failed to perform one or more of the following duties:
  • To stop immediately at the scene
  • To provide reasonable assistance to any injured persons
  • To give involved parties or authorities their contact and vehicle information; if not their vehicle, to provide the details for the owner of the vehicle; to provide the name and details of injured individuals in his or her vehicle; to show a driver’s license upon request at the scene; to notify authorities without unnecessary delay to fatalities as a result of the accident.

The Bottom Line

The hit and run consequences in states across the United States, and especially in California, are severe and multifaceted. Whether it’s a minor hit and run charge or a felony offense, the legal system treats these incidents seriously. Drivers involved in an auto accident must understand the importance of remaining at the scene, calling the police or other law enforcement, and cooperating fully with their insurance company.

Leaving the scene of an accident, regardless of who is at fault, can lead to substantial penalties, including fines, county jail time, increases in car and auto insurance rates, or the suspension or revocation of a driver’s license.

The evidence needed to prove a hit and run includes not only physical evidence but also witness testimony and surveillance footage, reflecting the complexity and gravity of these charges. Civil liabilities may also arise, including injury claims for property damage, medical treatment, and lost wages.

If you’re involved in a hit and run car accident, whether as a victim or a driver, understanding these consequences and your legal responsibilities is vital. Legal advice from qualified attorneys specializing in hit and run cases can be an invaluable resource in navigating this complex legal landscape. 

Call 1-800-THE-LAW2 to Find a Hit and Run Lawyer Near You

After a hit and run accident, you may still be eligible for accident compensation. Let our personal injury attorneys make the litigation process easier for you. Contact us today to schedule your free consultation.