Hakakian Law Group | Jul 10 2024 05:58
About the Author
Shawn S. Hakakian, Esq. is the founder of Hakakian Law Group, PC in West Hollywood, CA. A Penn Law graduate and former Gibson Dunn attorney, he is a National Trial Lawyers Top 40 Under 40 honoree, Avvo Clients' Choice Award recipient, and member of CAALA and the Consumer Attorneys of California. CA Bar No. 342841.
Someone just hit your car and drove away. You're standing on the side of the road with no license plate number, no insurance info, and no idea what to do next. A hit and run lawyer in Los Angeles can help you get the money you deserve, even if the other driver is never found. Call Hakakian Law Group,PC at (310) 759-9663 for a free consultation. You pay nothing upfront.
A hit and run car accident in Los Angeles is scary and confusing. You might be hurt. Your car might be wrecked. The person who caused all of this is gone. Shawn S. Hakakian, Esq. founded Hakakian Law Group, PC to give people like you personal, aggressive legal help when you need it most.
Why Drivers Flee the Scene in California
Drivers leave the scene of a crash for many reasons. None of them are good, and none of them are your fault.
The most common reasons include:
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No car insurance. About 15% of California drivers have no insurance at all. They panic and run.
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Suspended or revoked license. They know they are not supposed to be driving.
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Driving under the influence. They want to avoid a DUI arrest.
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Outstanding warrants. Any police contact could lead to their arrest.
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Stolen vehicle. They do not want to be connected to the car.
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Fear of consequences. Some drivers simply freeze and make a terrible choice.
Understanding why someone fled does not change what happened to you. But it does explain why so many hit and run cases involve uninsured or unlicensed drivers, which affects how your claim is handled.
What to Do After a Hit and Run in California
The steps you take right after the crash can make or break your case. Try to stay calm and focus on the following actions.
Stay at the scene. Do not follow the other driver. Chasing them can put you in danger and can hurt your legal case later.
Call 911. Report the accident to police right away. A police report is one of the most important pieces of evidence in any hit and run accident claim in California. Ask for the report number before the officer leaves.
Get medical help. Even if you feel fine, go to a doctor. Some injuries take hours or days to show symptoms. Medical records connect your injuries directly to the crash.
Write down everything you remember. Note the color, make, and model of the car that hit you. Write down any part of the license plate you saw. Record the time, location, and direction the driver went.
Talk to witnesses. If anyone saw the crash, get their name and phone number. Witness statements can be very helpful, especially for insurance claims (more on that later).
Take photos. Use your phone to photograph your car, the road, traffic signs, skid marks, and any injuries you can see. The more evidence you collect, the stronger your case.
These steps give your hit and run accident attorney in Los Angeles the best possible foundation to build your claim.
Personal Injury Claims: How to Pursue the Driver
When police find the driver who hit you, you can file a personal injury lawsuit against them. Even when the driver is not found right away, the investigation may turn up leads weeks or months later.
How drivers get found. Traffic cameras, security cameras from nearby businesses, and witness descriptions all help police track down hit and run drivers. Hakakian Law Group, PC communicates directly with police on your behalf. That means you do not have to chase down detectives yourself, and it keeps pressure on the investigation.
Filing a claim. Once the driver is identified, your personal injury lawyer in Los Angeles files a claim against the driver's insurance. If the driver has no insurance, your attorney explores every other path to get you paid (including your own policy, which we cover in the next section).
Settlement vs. trial. Most hit and run accident cases in California settle before trial. A hit and run settlement in California depends on the strength of your evidence, the severity of your injuries, and whether the driver was convicted of a crime. Your attorney negotiates with the insurance company to get you a fair amount. If the insurer refuses, your case can go to court.
Because Hakakian Law Group, PC is a smaller firm, your case gets direct attention from Shawn Hakakian and his team. You are not handed off to a paralegal you have never met. You get a lawyer who knows your name, your injuries, and your story.
Uninsured Motorist Claims in Los Angeles: What You Need to Know
Many hit and run drivers are never caught. When that happens, an uninsured motorist claim in Los Angeles is usually your best path to compensation. This claim is filed with your own car insurance company, not the other driver's.
How it works. If you carry uninsured motorist (UM) coverage on your policy, your insurance company steps in to cover your medical bills, lost wages, and pain and suffering, up to your policy limits. You are essentially asking your own insurer to treat you as if an uninsured driver caused the crash.
The physical contact rule. California law generally requires that the hit and run vehicle made physical contact with your car for UM coverage to apply. If the other driver caused you to swerve and crash without touching your car, you may still qualify if you have a corroborating witness who can confirm what happened. This is a tricky rule, and having an attorney makes a big difference.
Your insurance company is not on your side. This is important to understand. Even though you pay premiums every month, your insurer's goal is to pay you as little as possible. Adjusters may downplay your injuries, question your medical treatment, or offer a lowball settlement early on. A hit and run attorney in California knows how to push back and fight for the full amount you are owed.
Hit and Run Penalties in California
California takes hit and run accidents seriously. The penalties the other driver faces depend on whether anyone was hurt.
Property damage only (Vehicle Code § 20002). If the crash damaged your car but no one was injured, the driver faces a misdemeanor charge. Penalties include up to 6 months in county jail, fines between $390 and $1,000, restitution to the victim, and points on their license.
Injury or death (Vehicle Code § 20001). When a hit and run causes injury or death, the driver faces felony charges. Penalties jump to up to 4 years in state prison, fines up to $10,000, and mandatory restitution to the victim. If the victim died or suffered permanent serious injury, minimum jail time is 90 days.
Why criminal charges help your civil case. A criminal conviction against the driver strengthens your personal injury lawsuit. It proves the driver broke the law, which makes it easier to show they were at fault. Court-ordered restitution is separate from what you can recover in a civil case, so a conviction can lead to a larger total recovery.
What Compensation Can You Recover?
A hit and run accident can cost you thousands of dollars. You should not have to pay for someone else's decision to flee.
Victims can typically recover money for:
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Medical bills. Emergency room visits, surgeries, physical therapy, medication, and future treatment.
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Lost wages. Time you missed at work while recovering, including future earning ability if your injuries are long-term.
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Pain and suffering. The physical pain and emotional stress caused by the crash and its aftermath.
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Property damage. Repairs to your car or its fair market value if the car is totaled.
Average car accident settlements in California fall between $20,000 and $30,000 for moderate injury cases. Hit and run cases can vary significantly depending on the severity of injuries, available insurance coverage, and whether the driver is found. Hakakian Law Group evaluates every detail of your situation to pursue the maximum amount available.
Frequently Asked Questions
Will uninsured motorist coverage cover a hit and run in California?
Yes, in most cases. Your UM coverage applies when you are hit by a driver with no insurance or a driver who flees the scene. California law does require that the fleeing vehicle made physical contact with your car. If there was no contact (for example, the driver ran you off the road), you may still qualify if a corroborating witness can confirm what happened.
What if the hit and run driver is never found?
You can still recover compensation through your uninsured motorist coverage. Hakakian Law Group, PC reviews your insurance policy, files the UM claim on your behalf, and negotiates with your insurance company to get you paid fairly. Your attorney also identifies any other available sources of recovery.
How long do I have to file a hit and run claim in California?
For personal injury claims, California Code of Civil Procedure § 335.1 gives you two years from the date of the accident. Waiting too long means losing your right to recover money. Starting early also preserves evidence and witness memories, so contact an attorney as soon as possible.
Do I need a lawyer for a hit and run accident?
You are not required to hire one, but having an experienced hit and run accident attorney in Los Angeles significantly increases your chances of fair compensation. Insurance adjusters negotiate claims for a living. Without a lawyer, you are at a disadvantage. Hakakian Law Group works on a contingency fee, meaning you pay nothing unless your case wins.
Contact a Hit and Run Accident Attorney in Los Angeles
If you were hurt in a hit and run, your health comes first. Get medical attention right away. Once you are safe, call Hakakian Law Group, PC.
Shawn S. Hakakian and his team will listen to your story, explain your options in plain language, and fight to get you the compensation you deserve. You will never be treated like a case number. As a smaller firm, Hakakian Law Group, PC gives each client the time and attention that larger, high-volume firms cannot.
Your first call is free. Hakakian Law Group, PC offers a free consultation and charges no fees unless you win. Call (310) 759-9663 today.
Disclaimer: This post is considered attorney advertising and is for informational purposes only. It does not create an attorney-client relationship. Past results do not guarantee future outcomes.
