Hit and Run Accident Claims
If a driver flees, you may still be compensated through the uninsured motorist coverage on your own auto policy, or the policy of a household member. The requirements for police reports and insurer notice vary by state and policy, and missing them can cost you the claim.
How Compensation Works When the Driver Is Unknown
Direct Answer: Without an identified driver there is no liability insurer to claim against, so recovery usually comes from your own uninsured motorist coverage, treated like a claim against a missing at-fault driver.
UM claims are contractual, so the policy language governs: who is covered, whether contact with the phantom vehicle is required, and how quickly you must report. In some states you must report to police within a stated period, and insurers may require a sworn statement. UM coverage is optional in a number of states, so check whether you have it.
What to Do at the Scene and After
The steps that protect a hit-and-run claim are practical:
- Call 911 and report the collision to police immediately
- Note the plate, vehicle description and direction, or get a witness to
- Photograph the scene, any paint transfer and your injuries
- Look for nearby cameras and ask businesses to preserve footage right away
- Notify your own insurer promptly and read the notice requirements
If the Driver Is Later Identified
Police investigations, traffic cameras and vehicle debris sometimes lead to an arrest. If the driver is identified and insured, you can claim against their liability policy, and a UM claim may serve as a backstop where their limits are too low.
Frequently Asked Questions
Can I claim if I never find the driver?
Do I need to have been in a car for UM coverage to apply?
What if there was no contact between the vehicles?
Will my premiums go up if I use UM coverage?
What is the deadline for a hit and run claim?
Can I get a hit and run lawyer without paying upfront?
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Read moreWhere this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.
- ABA Model Rule 1.5 (Fees)
Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.
- Cornell LII — contingency fee
- Cal. Gov't Code § 911.2 (claim against a public entity — six months)
A claim for death or personal injury against a California public entity must be presented within six months of accrual — separate from, and much shorter than, the two-year general limitation in CCP § 335.1.
- N.Y. General Municipal Law § 50-e (notice of claim — ninety days)
A notice of claim against a New York public corporation is due within 90 days of the claim arising — far shorter than CPLR § 214's three-year general limitation. § 50-i then gives one year and 90 days from accrual to actually commence the lawsuit.
- Tex. Civ. Prac. & Rem. Code § 101.101 (Tort Claims Act notice — six months)
Default notice to a Texas governmental unit is due within six months of the incident, but a city or other local unit may set its own notice period by charter or ordinance — no shorter than 30 days. Always check the specific city's charter, not just the state default.
- Fla. Stat. § 768.28 (sovereign immunity — presentment of claims)
A claim against a Florida state agency or subdivision must be presented in writing within three years — the same period as the general negligence limitation, not shorter. But suit cannot be filed until the agency denies the claim or 180 days pass, whichever is first — a waiting requirement, not a shorter deadline.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
- Review dates
- Last reviewed 18 September 2026. Next review due 18 March 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.