Who Pays After a Hit-and-Run in West Hills?
A driver hit you in West Hills and fled. Whether it happened on the 101 Freeway, along Victory Blvd, at an intersection near Fallbrook Ave, or on a residential street, the person responsible for your injuries is gone. You have medical bills from West Hills Hospital, a damaged vehicle, missed work, and a growing sense of frustration. The most pressing question is: who pays?
The answer depends on several factors, including your own insurance coverage, whether the hit-and-run driver is eventually identified, and whether other sources of compensation are available. This article walks through each option.
Your Uninsured Motorist Coverage
For most hit-and-run victims in West Hills, the primary source of compensation is their own uninsured motorist (UM) coverage. California requires auto insurance companies to offer UM coverage with every policy, and most drivers carry it.
UM coverage is designed for exactly this situation: when the driver who caused the accident has no insurance or cannot be identified. In a hit-and-run, the fleeing driver is treated as an uninsured motorist because their insurance cannot be accessed. Your UM policy pays for medical expenses, lost wages, pain and suffering, and other damages up to your coverage limits.
Common UM coverage limits in West Hills range from $15,000 to $250,000 or more per person. The amount you recover depends on both the value of your damages and the limits of your policy. If your damages exceed your UM limits, you may need to explore additional sources of recovery.
To access UM coverage after a hit-and-run, you must report the incident to law enforcement (CHP for 101 Freeway crashes, LAPD for West Hills street crashes) and file a claim with your own insurer. The police report provides essential documentation that the hit-and-run occurred.
Medical Payments Coverage (MedPay)
If your auto insurance policy includes Medical Payments (MedPay) coverage, it pays for your medical expenses regardless of who was at fault. MedPay is separate from UM coverage and pays out quickly, often without the extensive claims process that UM claims require.
MedPay limits are typically modest, ranging from $1,000 to $10,000, but the money is available immediately to cover initial medical treatment at West Hills Hospital and follow-up care. MedPay does not reduce your UM recovery, so it provides additional funds on top of whatever your UM claim produces.
Your Health Insurance
Your health insurance covers medical treatment related to the hit-and-run. While health insurance does not pay for lost wages or pain and suffering, it ensures your medical treatment is covered while the UM claim is being processed, which can take months.
If your health insurer pays for treatment related to the hit-and-run, they may assert a right of subrogation or reimbursement from your eventual UM settlement. This means the health insurer may seek repayment of the medical bills they covered once you receive a settlement. Your attorney will negotiate with the health insurer to reduce these liens and maximize the amount you take home.
Collision Coverage for Vehicle Damage
Your collision coverage pays for the repair or replacement of your vehicle after a hit-and-run, minus your deductible. This coverage is separate from UM coverage, which applies to bodily injury claims. If you carry collision coverage, file a claim with your insurer promptly to get your vehicle repaired.
If the hit-and-run driver is later identified, you can pursue their insurance to recover your deductible.
When the Hit-and-Run Driver Is Identified
If the investigation identifies the driver who hit you, the recovery landscape changes significantly. You can now file a claim against that driver's auto insurance for the full value of your damages. The driver's liability coverage pays for your medical expenses, lost wages, pain and suffering, and vehicle damage.
In addition, the hit-and-run itself is evidence that the driver knew they caused harm and chose to flee. This consciousness of guilt strengthens your liability case and can increase the settlement value. It may also support a claim for punitive damages in egregious cases.
Hit-and-run drivers who are caught may also face criminal prosecution. While the criminal case is separate from your civil claim, the criminal investigation may produce evidence, including the driver's identity, insurance information, and witness statements, that supports your personal injury case.
Crime Victim Compensation
Hit-and-run is a criminal offense in California. As a crime victim, you may be eligible for compensation through the California Victim Compensation Board (CalVCB). This program covers medical expenses, mental health treatment, and lost wages for crime victims, regardless of whether the perpetrator is caught.
CalVCB has specific application deadlines and eligibility requirements, and the amounts are more limited than insurance recoveries. Your attorney can help you apply for victim compensation as an additional source of recovery.
Pursuing All Available Sources
A hit-and-run case in West Hills may involve multiple simultaneous recovery tracks: a UM claim against your own insurer, MedPay for immediate medical expenses, health insurance for ongoing treatment, collision coverage for vehicle damage, and potentially a claim against the identified driver's insurance if they are found. Your attorney coordinates all of these to ensure you receive the maximum available compensation.
The Chatsworth Courthouse handles civil litigation for West Hills. If your UM insurer disputes your claim, the dispute is typically resolved through binding arbitration rather than a jury trial. If the hit-and-run driver is identified and their insurer refuses to offer fair compensation, a lawsuit can be filed.
Our West Hills hit-and-run lawyers pursue every available source of compensation for hit-and-run victims. Contact us for a free consultation. Learn more at our West Hills personal injury page.
What to Do Immediately After a Hit-and-Run in West Hills
A hit-and-run on Fallbrook Ave, Platt Ave, Victory Blvd, and the 101 Freeway requires fast action. If you are physically able, try to note as much detail about the fleeing vehicle as possible: make, model, color, license plate (even a partial plate helps), and the direction the vehicle traveled. If there are witnesses, ask them what they saw and get their contact information.
Call 911 immediately. LAPD handles hit-and-run investigations on city streets, while CHP handles incidents on the freeways. A police report is essential for both the criminal investigation and your civil claim. California Vehicle Code Section 20002 makes leaving the scene of an accident a criminal offense, and law enforcement takes these cases seriously.
Seek medical attention at West Hills Hospital even if you think your injuries are minor. Adrenaline can mask pain for hours after a crash. The medical record from your first visit establishes the connection between the accident and your injuries, which is essential for your insurance claim.
Even if the hit-and-run driver is never identified, you may still have options for compensation. Your own auto insurance policy likely includes uninsured motorist (UM) coverage, which applies to hit-and-run accidents. California requires insurers to offer UM coverage, and most drivers carry it. An attorney can help you file and negotiate the UM claim, which involves dealing with your own insurance company, not a friendly process despite what you might expect.
If you were injured in a hit-and-run accident in West Hills, contact L&F Brown in West Hills for a free case evaluation. There are no upfront costs and no fees unless we win your case.
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