Hit and Run Attorney San Francisco
Pursuing justice and compensation when the at-fault driver flees the scene
Hit and Run Accident Attorney Fighting for SF Victims
Being the victim of a hit and run accident is an overwhelming experience. The driver who caused your injuries or damaged your vehicle fled the scene, leaving you to deal with the consequences alone. But you are not alone. Attorney Michael Martinovsky has the experience and resources to help you recover compensation, even when the at-fault driver has disappeared.
Hit and Run Is a Crime in California
Leaving the scene of an accident is not just irresponsible — it is a crime under California law. The law imposes serious penalties on drivers who flee:
- CVC 20001 — Hit and run causing injury or death: This is a felony offense. A driver who flees the scene of an accident where someone was injured or killed faces up to 4 years in state prison, fines up to $10,000, and mandatory restitution to the victim. If the accident caused death or permanent serious injury, the penalty increases to up to 6 years in prison.
- CVC 20002 — Hit and run causing property damage: This is a misdemeanor offense. A driver who flees the scene of an accident causing only property damage faces up to 6 months in county jail and fines up to $1,000.
California law requires every driver involved in an accident to stop, exchange information, and render reasonable aid to anyone who is injured. Failure to do so creates both criminal liability and additional civil liability for the fleeing driver.
Recovery Options After a Hit and Run
Even if the at-fault driver fled the scene, you have several paths to recover compensation:
- Uninsured motorist (UM) coverage: Your own auto insurance policy likely includes uninsured motorist coverage, which applies when the at-fault driver cannot be identified. This coverage can pay for your medical bills, lost wages, and pain and suffering. California law requires insurers to offer UM coverage to all policyholders.
- Investigation to identify the driver: Through police investigation, surveillance footage review, witness interviews, and private investigation, the driver may be identified. Once found, you can pursue a claim directly against the driver and their insurance.
- California Victim Compensation Board: If you suffered injuries in a hit and run and the driver was not found, you may be eligible for compensation through the California Victim Compensation Board (CalVCB), which provides reimbursement for medical expenses, lost wages, and other costs.
- Third-party liability: In some cases, there may be liability beyond the fleeing driver. For example, if the accident occurred in a poorly maintained parking lot or if another driver’s negligence contributed to the collision.
Steps to Take After a Hit and Run Accident
What you do in the minutes and hours after a hit and run can significantly impact your ability to recover compensation:
- Call 911 immediately. Report the accident and request police and medical assistance. A police report is critical for both criminal prosecution and your civil claim.
- Document everything you remember. Write down or record a voice memo with every detail about the fleeing vehicle: make, model, color, license plate number (even a partial plate), direction of travel, and any description of the driver.
- Get witness information. Ask anyone who saw the accident for their name and contact information. Witness testimony can be crucial in identifying the driver.
- Check for surveillance cameras. Look for traffic cameras, business security cameras, residential doorbell cameras, or dash cameras from nearby vehicles. This footage may capture the vehicle and license plate.
- Photograph the scene. Take photos of your vehicle damage, your injuries, debris from the fleeing vehicle, skid marks, and the overall accident scene.
- Seek medical attention. Get a medical evaluation as soon as possible, even if you feel fine. Some injuries, especially head injuries and internal injuries, may not show symptoms immediately.
- Contact an attorney. An experienced hit and run attorney can begin investigating your case, advise you on your insurance coverage options, and protect your rights from the start.
The Investigation Process
Identifying a hit and run driver requires a thorough investigation from multiple angles:
- Police investigation: Law enforcement will review surveillance footage, canvass the area for witnesses, run partial plate numbers through databases, and check body shop records for vehicles matching the description.
- Private investigation: Attorney Martinovsky works with experienced private investigators who can supplement the police investigation. They canvass neighborhoods, locate additional cameras, interview witnesses, and use skip-tracing techniques to identify the driver.
- Forensic evidence: Vehicle debris, paint transfers, and other physical evidence left at the scene can help identify the make, model, and year of the fleeing vehicle.
- Community outreach: Social media posts, neighborhood apps, and local news coverage can generate tips from the public that lead to identifying the driver.
Why Choose Attorney Martinovsky for Your Hit and Run Case
Attorney Michael Martinovsky understands the frustration and helplessness that hit and run victims feel. With degrees from UC Berkeley and the University of Iowa College of Law (a top 20 law school), he brings the legal knowledge and determination needed to pursue every available avenue of recovery. He handles all cases on a contingency fee basis — you pay nothing unless he wins your case. He is trilingual in English, Spanish, and Russian.
Frequently Asked Questions About Hit and Run Accidents
What should I do immediately after a hit and run accident in San Francisco?
Call 911 immediately and report the accident. Try to note as many details as possible about the fleeing vehicle: make, model, color, license plate (even partial), and direction of travel. Document everything at the scene with photos. Get contact information from any witnesses. Check for nearby surveillance cameras. Do not chase the fleeing driver. Seek medical attention even if injuries seem minor.
Can I still get compensation if the hit and run driver is never found?
Yes. If the driver is never identified, you can file a claim under the uninsured motorist (UM) coverage on your own auto insurance policy. California requires insurers to offer UM coverage, and most policies include it. You may also be eligible for compensation through the California Victim Compensation Board if you suffered injuries.
Is a hit and run a criminal offense in California?
Yes. Under California Vehicle Code 20001, leaving the scene of an accident that caused injury or death is a felony punishable by up to 4 years in state prison, fines, and restitution to the victim. Under CVC 20002, leaving the scene of an accident involving only property damage is a misdemeanor. Drivers are legally required to stop, exchange information, and render aid to anyone injured.
How can a hit and run driver be found after the accident?
There are several ways to identify a hit and run driver: surveillance camera footage from traffic cameras, nearby businesses, and residential cameras; witness statements and partial license plate information; private investigators who canvass the area; vehicle debris left at the scene that can be traced to a specific make and model; and social media and community tips.
What is the statute of limitations for a hit and run accident claim in California?
For personal injury claims from a hit and run accident, the statute of limitations in California is generally 2 years from the date of the accident. For property damage claims, it is 3 years. However, if the hit and run driver is later identified, there may be additional timelines that apply. It is important to consult with an attorney as soon as possible to ensure your rights are protected.
Areas We Serve
Attorney Martinovsky represents auto collision victims throughout the San Francisco Bay Area, including San Francisco, Oakland, San Jose, Berkeley, Daly City, Fremont, Hayward, Richmond, Concord, and Walnut Creek. View all areas served →
Hit and Run Victim? We Can Help You Recover.
Contact Attorney Martinovsky today for a free, no-obligation consultation.