Who Pays After a Hit and Run in Newbury Park?

One of the first questions after a hit and run accident on Wendy Drive, US-101, Borchard Road, or anywhere else in Newbury Park is simply: who is going to pay for this? The driver who caused it is gone. Your bills are real. Your injuries need treatment. Understanding every available source of compensation, and how to access each one, is what a personal injury attorney does in these cases.

Source One: Your Own Uninsured Motorist Coverage

When the at-fault driver is unidentified, your primary recovery channel is the uninsured motorist (UM) coverage on your own auto policy. California law requires auto insurers to offer UM bodily injury coverage. If you accepted it, your policy should include at least $15,000 per person, though higher limits are available and are strongly worth purchasing.

UM coverage pays for your medical expenses, lost wages, pain and suffering, and other bodily injury damages caused by an uninsured or unidentified driver. It functions like a liability claim but goes through your own insurer. Be aware: your insurer is still a business. They will evaluate the claim and may dispute the amount owed. Having an attorney represent you in this process usually produces significantly better results than negotiating alone.

Source Two: Your Own Collision Coverage

For damage to your vehicle, your collision coverage pays regardless of who was at fault. You will owe your deductible, but the vehicle damage can be addressed separately from the bodily injury claim. Uninsured motorist property damage (UMPD) coverage, if purchased, also covers vehicle damage caused by an unidentified driver, typically with a $250 deductible.

Source Three: MedPay or PIP Coverage

If you have medical payments (MedPay) coverage on your auto policy, it pays your medical bills regardless of fault, up to the policy limit. This can provide immediate payment for treatment at Los Robles Regional Medical Center or other facilities while your UM claim is being processed. It is a separate coverage from UM and does not reduce your UM recovery.

Source Four: Health Insurance

Your health insurance covers medical treatment regardless of how the injury occurred. However, your health insurer may have a subrogation right, meaning they may seek reimbursement from your UM settlement later. An attorney will manage any subrogation liens and negotiate reductions where possible to maximize what you keep.

Source Five: The Driver, If Found

The Ventura County Sheriff's Office and the California Highway Patrol (for crashes on US-101) investigate hit and run crimes. Hit and run is a criminal offense in California, and perpetrators are sometimes identified after the fact through surveillance footage, tip lines, license plate reader data, or witness information. If the driver is found, their liability insurance becomes available, and a direct civil lawsuit in Ventura County Superior Court becomes possible.

A criminal conviction may also open the door to criminal restitution, which the court orders the defendant to pay as part of their sentence. However, restitution is typically limited compared to civil damages and takes longer to collect.

Criminal Restitution as a Final Option

If the hit and run driver is prosecuted, the Ventura County District Attorney's Office will typically request restitution for your losses as part of the criminal case. This is separate from and does not replace civil recovery. An attorney can help you participate in the restitution process and coordinate it with your civil claim.

Get the Maximum from Every Source

Our Newbury Park hit and run accident lawyers know every avenue of recovery and how to access each one. We handle UM claims, coordinate with law enforcement, manage health insurer liens, and pursue civil claims when drivers are identified.

Visit our Newbury Park personal injury page or call L&F Brown today for a free consultation. No fee unless we recover for you.

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Common Questions

Frequently Asked Questions

What if my UM coverage is not enough to cover all my damages after a hit and run?
If your UM limits are exhausted and the driver is identified, you can pursue the driver directly in Ventura County Superior Court. If the driver is never found, you may be limited to your policy limits, which is why purchasing high UM limits is so important.
Can I get criminal restitution AND civil damages after a Newbury Park hit and run?
Yes. Criminal restitution and civil recovery are separate processes. A civil attorney can help you pursue your full damages in Ventura County Superior Court, separate from and in addition to any criminal restitution the court orders.
How do I find out how much UM coverage I have on my policy?
Check your auto insurance declarations page, which lists all coverage types and limits. Your insurance agent can also tell you. If you did not waive UM coverage in writing, you should have at least the minimum $15,000 per person, but higher limits are strongly recommended.
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