California Hit and Run Law: CVC 20001 and 20002 Explained
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This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
California Hit and Run Law: CVC 20001 and 20002 Explained
Under California law, a hit and run is any accident where a driver fails to stop at the scene, exchange information, and (in cases involving injury) provide reasonable assistance. It is a criminal offense governed by California Vehicle Code section 20001 when someone is injured or killed, and Vehicle Code section 20002 when only property is damaged. The two statutes are separate crimes with very different penalties: hit and run causing injury is a wobbler (chargeable as a felony or misdemeanor) with up to four years in state prison; hit and run causing only property damage is a misdemeanor with up to six months in county jail. Victims of hit and run accidents have separate civil rights to recover for their injuries and losses, often through their own uninsured motorist (UM) coverage.
If you were injured in a California hit and run accident, call Cefali & Cefali at (949) 325-7790 for a free consultation. Available 24/7. No fee unless we recover for you.
What Is a Hit and Run Under California Law?
A hit and run occurs when a driver involved in an accident fails to fulfill the legal duties required by California Vehicle Code sections 20001 through 20004. Those duties are:
Immediately stop at the scene of the accident
Exchange information including name, address, driver's license, vehicle registration, and (in most cases) insurance details
Provide reasonable assistance to anyone injured, including arranging transportation to a hospital if necessary
Report to law enforcement when the accident involves injury or death (per CVC 20008)
Failing to perform any of these duties can result in criminal charges regardless of who was at fault for the accident. That last point is critical: even a driver who was not at fault for causing the collision can be charged with hit and run for failing to stop.
The duties apply to accidents on both public roads and private property, including parking lots. The California Vehicle Code makes no exception for low-speed impacts, parking lot fender-benders, or accidents in which the other driver appears uninjured.
Felony Hit and Run: California Vehicle Code 20001
California Vehicle Code section 20001 makes it a crime to leave the scene of an accident that resulted in injury to or death of another person. It is commonly called "felony hit and run," but it is technically a wobbler offense, meaning the prosecutor can charge it as either a felony or a misdemeanor depending on the severity of the injuries, the defendant's criminal history, and the specific circumstances.
To convict a driver of felony hit and run under CVC 20001, the prosecution must prove four elements:
The defendant was driving a vehicle involved in an accident
The accident caused injury or death to another person
The defendant knew, or reasonably should have known, that the accident caused injury or death
The defendant willfully failed to perform one or more legal duties: to stop immediately, to provide reasonable assistance, or to exchange required information
The word "willfully" does not require any intent to harm or intent to break the law. It only requires that the act of leaving the scene was voluntary and intentional. A driver who leaves the scene out of panic, confusion, or fear of DUI arrest is still legally acting willfully for purposes of CVC 20001.
Misdemeanor Hit and Run: California Vehicle Code 20002
California Vehicle Code section 20002 covers hit and run cases involving only property damage, with no injuries or death. It applies to accidents involving damage to another vehicle, a parked car, a fence, a mailbox, or any other property. It is always charged as a misdemeanor.
Under CVC 20002, when a driver damages property in an accident and cannot locate the owner, the driver is required to leave a written note in a visible location on or near the damaged property. The note must include the driver's name, address, and a description of what happened. The driver must also report the accident to the local police department or California Highway Patrol without unnecessary delay.
The classic scenario is a parking lot incident where a driver backs into a parked car and drives away without leaving a note. Even minor scrapes qualify. The law makes no exception for damage the driver believes is minimal.
Penalties for Hit and Run in California
The penalties for a California hit and run conviction depend on whether the case is charged under CVC 20001 (injury or death) or CVC 20002 (property damage only), and, for CVC 20001 cases, whether the injuries were serious or permanent.
Misdemeanor Hit and Run Penalties (CVC 20002)
Up to 6 months in county jail
Fines up to $1,000
2 points added to the DMV driving record under CVC 12810
Restitution to the property owner for the damage
Possible probation
Misdemeanor Hit and Run With Injury Penalties (CVC 20001)
Up to 1 year in county jail
Fines from $1,000 to $10,000
2 points added to the DMV driving record
Victim restitution for medical and other losses
Possible probation with community service
Felony Hit and Run Penalties (CVC 20001)
16 months, 2 years, or 3 years in California state prison for cases involving non-serious injury
2 years, 3 years, or 4 years in California state prison for cases involving serious permanent injury or death
Fines from $1,000 to $10,000
2 DMV points and possible license suspension or revocation
Full victim restitution
Strike on the driving record for cases involving great bodily injury
If the hit and run is combined with vehicular manslaughter under Penal Code sections 191.5 or 192(c), the sentence can be enhanced by an additional 5 years running consecutive to any other sentence imposed.
Legal Duties at the Scene of a California Accident
California Vehicle Code sections 20003 and 20004 spell out exactly what a driver must do after any accident. These duties are the affirmative side of the hit and run statutes. Failing to perform any of them can support a hit and run charge.
Stop immediately at the scene, or as close to it as possible without obstructing traffic
Provide identifying information: name, address, vehicle registration number, and (upon request) driver's license and insurance information
Show the driver's license to any officer at the scene and to any occupant of a vehicle involved in the accident who is injured or whose property was damaged
Render reasonable assistance to any injured person, including carrying or arranging transport to a physician, surgeon, or hospital for medical treatment when it is apparent that treatment is necessary or when requested
Report to police or CHP within 24 hours if the accident involved injury or death, under CVC 20008, when law enforcement did not respond to the scene
The DMV also requires the driver to file a DMV SR-1 form within 10 days of any accident involving injury, death, or property damage over $1,000. This is a separate obligation from the police report, and neither one satisfies the other.
Statute of Limitations for Hit and Run in California
Different limitations periods apply depending on how the case is charged and whether the discussion is about criminal charges or civil recovery.
Misdemeanor hit and run (CVC 20002 or misdemeanor CVC 20001): criminal charges must be filed within 1 year of the offense under California Penal Code section 802
Felony hit and run (CVC 20001): charges must be filed within 3 years of the offense under California Penal Code section 801
Civil personal injury claim by the victim:2 years from the date of injury under California Code of Civil Procedure section 335.1
Uninsured motorist (UM) claim: claim must be filed with your own insurer under the terms of your policy, typically within 30 days of the accident for notice, with a separate arbitration statute of limitations
Missing the civil deadline typically ends the injury claim regardless of the merits, so victims should speak with an attorney as soon as possible.
If You Were the Victim of a Hit and Run in California
Most articles about California hit and run law focus only on the criminal side. The civil side matters far more for victims. Even when the at-fault driver is never identified or arrested, California hit and run victims typically have multiple paths to recover for their medical bills, lost wages, vehicle damage, and pain and suffering.
The key recovery paths:
Your own uninsured motorist (UM) coverage. This is the primary source of recovery for most hit and run victims. Under California Insurance Code section 11580.2, all California auto insurance policies include UM coverage unless waived in writing. Hit and run accidents are treated as uninsured motorist claims under California law.
Your MedPay coverage, if you carry it. Medical payments coverage pays medical bills regardless of fault and is separate from UM.
Your health insurance for immediate medical treatment. Health insurance typically has subrogation rights, meaning they will seek reimbursement from any recovery, but their coverage is often the fastest way to get treatment.
A direct claim against the at-fault driver, if the driver is later identified. This is often possible even months later through police investigation, surveillance video, or witness identification.
Insurance companies routinely try to minimize UM claims for hit and run victims. A common tactic is disputing whether an actual "contact" occurred with the fleeing vehicle. Under California law, if there was no physical contact (for example, a phantom vehicle that caused you to swerve without hitting), you generally must corroborate the incident with independent witness testimony to qualify for UM coverage.
Recovering Damages Through Your Uninsured Motorist Coverage
California's uninsured motorist coverage is the workhorse of hit and run recovery. Here is how it works in practice.
Coverage limits. Your UM policy limits are typically equal to your liability limits, though you can carry higher UM limits than liability if you choose. California minimum liability limits are $30,000 per person and $60,000 per accident as of January 2025, so minimum UM limits mirror that. Higher limits are common and highly recommended.
Damages recoverable. UM coverage pays for the same categories of damages as a liability claim: medical bills, future medical care, lost wages, lost earning capacity, pain and suffering, and property damage (property damage is often covered under a separate UMPD limit).
Deductible. California UM property damage claims often have a $250 deductible. UM bodily injury claims typically have no deductible.
Dispute resolution. If your insurance company will not pay what your claim is worth, the dispute goes to binding arbitration rather than to court. This is written into California UM policies.
Insurance companies are adverse parties in UM claims even when they are your own insurer. They are not motivated to pay you fairly. Every UM claim benefits from attorney representation, and represented UM claimants consistently recover more than unrepresented claimants in the same fact patterns.
Filing the DMV SR-1 When the Driver Is Unknown
California Vehicle Code section 16000 requires drivers to file a DMV SR-1 form within 10 days of any accident involving injury, death, or property damage over $1,000. This obligation applies to hit and run victims too, even when the other driver fled without providing information.
When filling out the SR-1 after a hit and run, per DMV instructions, write "unk" or "unknown" in the fields you cannot complete about the other driver. Do not leave the fields blank. File the form within the 10-day deadline with whatever information you have. Filing the SR-1 also creates a formal record that supports your uninsured motorist claim by establishing that the at-fault driver was unidentified.
What to Do in the First Hour After a California Hit and Run
What you do in the first hour after a hit and run affects both the criminal investigation and your civil claim. In order of priority:
Call 911 immediately. Report the accident, request medical help if anyone is injured, and give the responding officer any information you have about the fleeing vehicle.
Write down everything you remember about the fleeing vehicle. License plate (any partial helps), color, make, model, damage location, direction of travel. Even one letter of a plate can be enough for police to identify the car through DMV records.
Photograph everything. Your vehicle damage, the accident scene, any debris left by the fleeing vehicle (paint transfer is common and forensically useful), any visible injuries.
Talk to witnesses. Get names, phone numbers, and brief statements. Independent witness testimony is often the single most important evidence in a hit and run case, both criminally and for the UM claim.
Look for surveillance video. Nearby businesses, homes with doorbell cameras, and traffic cameras may have caught the fleeing vehicle. Request preservation quickly because most systems overwrite footage within days.
Get medical care. Even if you feel fine. Delayed-onset symptoms are extremely common, and the insurance company's first argument against your claim will be that you were not really injured if there is a treatment gap.
Notify your own insurance company promptly. Report the accident and mention that it was a hit and run. Do not give a recorded statement without speaking to an attorney first. Our guide on the first week after a car accident covers the specific traps.
File the DMV SR-1 within 10 days. See the section above.
Speak with a personal injury attorney. Hit and run cases have specific procedural requirements for UM claims that reward early legal involvement.
Common Hit and Run Scenarios in California
Not every hit and run involves a fleeing driver at high speed. Some of the most common California hit and run situations:
Parking Lot Hit and Run
A driver backs into your parked car in a mall or grocery store lot and drives away without leaving a note. This is a CVC 20002 violation regardless of how minor the damage. Check the lot for surveillance cameras and request footage as soon as possible. If your vehicle has dashcam footage, preserve it. Your comprehensive or collision coverage typically covers parking lot hit and run damage.
Minor Damage Hit and Run
A driver clips your bumper at a stoplight and speeds away, thinking the damage was too minor to bother stopping. The law does not care about severity. CVC 20002 applies to any property damage. Report it to police and file the SR-1 if damage exceeds $1,000.
Out-of-State Driver
If the fleeing driver is from out of state, California police can still trace the vehicle through interstate DMV records if you have partial plate information. The California hit and run statutes apply to any accident on California roads regardless of where the driver's license was issued.
DUI-Adjacent Hit and Run
Many hit and run cases involve drivers fleeing to avoid a DUI arrest. If police later identify such a driver, they typically face both hit and run charges and DUI charges (potentially DUI causing injury under CVC 23153). These combined charges carry substantially harsher penalties and support strong civil claims.
When to Contact a California Hit and Run Attorney
Hit and run victims should contact a personal injury attorney as soon as possible after the accident. Early involvement lets us preserve evidence (surveillance video is often gone within a week), coordinate with law enforcement on the investigation, notify your insurance company properly, and handle the UM claim from the beginning rather than trying to fix it later after mistakes have been made.
Cefali & Cefali handles California hit and run cases on contingency. You pay nothing up front and no attorney fees unless we recover for you. We handle the police coordination, the UM claim, the SR-1 filing if you have not already, and every step of the civil recovery process. For more on what protects and what damages a claim, see our guides on maximizing the value of your personal injury case and mistakes to avoid in a personal injury claim. For a walkthrough of case value, see our guide on California car accident settlement ranges.
Frequently Asked Questions About California Hit and Run Law
Is hit and run a felony or misdemeanor in California?
It depends on whether anyone was injured. Hit and run causing only property damage is always a misdemeanor under California Vehicle Code section 20002. Hit and run causing injury or death is a wobbler under CVC 20001, meaning it can be charged as either a felony or a misdemeanor at the prosecutor's discretion.
What is the penalty for hit and run in California?
Misdemeanor hit and run under CVC 20002 carries up to 6 months in county jail and up to $1,000 in fines. Misdemeanor hit and run with injury under CVC 20001 carries up to 1 year in county jail and fines from $1,000 to $10,000. Felony hit and run causing serious injury or death carries 2 to 4 years in state prison and fines from $1,000 to $10,000, plus victim restitution.
What is the statute of limitations for hit and run in California?
Misdemeanor hit and run charges must be filed within 1 year of the accident. Felony hit and run charges must be filed within 3 years. Civil personal injury claims by hit and run victims have a 2-year deadline under California Code of Civil Procedure section 335.1.
Can I be charged with hit and run if the accident was not my fault?
Yes. California hit and run law applies to any driver involved in an accident, regardless of fault. If you were not at fault but left the scene without stopping, exchanging information, and (in injury cases) providing assistance, you can still be charged.
What should I do if I was the victim of a California hit and run?
Call 911 immediately, document the fleeing vehicle (any partial license plate helps), photograph the scene, get witness information, look for nearby surveillance video, get medical care, notify your own insurance company, file the DMV SR-1 within 10 days, and contact a personal injury attorney. Your uninsured motorist coverage typically covers hit and run injuries.
Does insurance cover a hit and run in California?
Yes. California uninsured motorist (UM) coverage under Insurance Code section 11580.2 covers injuries from hit and run accidents. Property damage may be covered under UM property damage coverage or under your comprehensive or collision coverage. All California policies include UM coverage unless waived in writing.
How do police find hit and run drivers?
Common investigative methods include running partial license plates through DMV records, reviewing surveillance video from nearby businesses and traffic cameras, canvassing for witnesses, examining paint transfer or debris left at the scene, and body-shop reporting when the fleeing vehicle is later brought in for repair. Many hit and run drivers are identified days or weeks after the accident.
What if there was no contact but I still crashed avoiding another car?
This is called a "phantom vehicle" claim. California UM coverage is available for these situations, but you generally must corroborate the incident with independent witness testimony because there was no physical contact with the other vehicle.
Do I have to report a hit and run to the DMV?
Yes, if the accident involved injury, death, or property damage over $1,000. File the DMV SR-1 form within 10 days. Write "unknown" for the fields you cannot complete about the other driver. Failure to file can result in your own license suspension even though you were the victim.
Can I go to jail for a parking lot hit and run in California?
Yes. Parking lot hit and run is a misdemeanor under CVC 20002 punishable by up to 6 months in county jail. In practice, first-time offenders with no injuries often receive probation and restitution rather than jail time, but jail is legally available and can be imposed in aggravated cases.
How much does a hit and run affect my insurance in California?
If you were the fleeing driver and are convicted, insurance rates typically increase dramatically or your policy may be canceled entirely. If you were the victim, California's Proposition 103 prohibits your insurer from surcharging you for a not-at-fault accident, including a hit and run where you were not the fleeing party. See our detailed guide on how insurance rates change after an accident.
Should I contact a lawyer if I was the victim of a hit and run?
Yes, especially if you were injured. UM claims are handled by your own insurance company as an adverse party, and insurance adjusters routinely underpay these claims when the claimant is unrepresented. Attorney representation typically improves recovery meaningfully in hit and run UM cases.
Talk to a California Hit and Run Attorney
If you were injured in a California hit and run accident, Cefali & Cefali offers a free case evaluation to explain your rights and the recovery path available to you. We handle every stage of the case on contingency, from evidence preservation through the UM claim and, when applicable, a direct claim against the at-fault driver once identified.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
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