California Hit-and-Run: Laws, Penalties, and Steps

What’s Considered a Hit-and-Run in California? Duties, Penalties, and What To Do After a Crash

Accidents happen, especially on California’s busy roads. While preventing collisions should always be a priority, the law also focuses on what drivers must do once an impact occurs. California’s hit-and-run statutes are designed to protect injured victims, establish what happened, and ensure that financial responsibility is fairly assigned. Failing to follow these duties can lead to criminal charges—regardless of who caused the crash.

This article explains what California law requires after a collision, what counts as hit-and-run, the potential penalties, and practical steps for drivers and victims. It also outlines civil options for recovery after a hit-and-run and how Avian Law Group can help.

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What qualifies as a “hit-and-run” in California

• Under California Vehicle Code § 20002 (often called the “misdemeanor hit-and-run” statute) you have to stop if you’re involved in an accident that results in damage to someone else’s property. You must provide your name, address, vehicle registration information, and insurance info (or leave a note) if the owner is not present.
• Under California Vehicle Code § 20001 (sometimes called the “felony hit-and-run” statute) you must stop if you’re involved in an accident in which someone is injured or killed. You must: stop immediately, identify yourself, give assistance to any injured persons, and report to law enforcement.
• Even with property damage only, failing to stop and provide identifying info is sufficient to meet the misdemeanor statute.
• The difference between misdemeanor vs felony is largely: (1) whether injury or death is involved; (2) severity of injury; (3) the driver’s knowledge and willfulness.

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Steps a driver must take at the scene (or immediately after) in California

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When you are involved in an accident, to comply with California law you must:

1. Stop your vehicle immediately at or near the scene in a safe place. You must not leave the scene of the accident.
2. Provide identifying information: your name, address, vehicle registration number, insurance information (if required) to the other party or property owner/occupier. If the owner isn’t present, leave a written notice in a visible place and report the accident to the law enforcement agency.
3. Offer assistance if someone is injured: you must render reasonable aid, or call for medical help.
4. Report to law enforcement if required: especially if injury or death occurred, you must report to the police (or CHP) and cooperate.
5. Preserve evidence / scene information: Although not always spelled out in statute as “you must take photos,” it is always in your interest (especially from a defence or insurance point of view) to document the scene, identify witnesses, get contact info, etc. (This is more a best practice than statute).
6. Notify your insurance company as required by your insurance policy and/or state law. (Not always an independent criminal requirement, but very relevant for civil liability).

If you fail to do one or more of the required steps above, you risk being charged under the hit-and-run statutes.

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Penalties in California

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Misdemeanor Hit & Run (property damage only) – VC 20002

• Up to 6 months in county jail.
• A fine of up to $1,000 (plus court fees/assessments).
• Restitution for property damage you caused.
• Two (2) points on your DMV driving record.
• Probation may be imposed (often up to three years) instead of or in addition to jail.
• Even if no injuries, you can’t flee the scene or omit giving info. The mere act of leaving qualifies.

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Hit & Run Involving Injury or Death – VC 20001

• If injury (but not death): the charge may be a “wobbler” (can be misdemeanor or felony).
  • Misdemeanor version: up to 1 year in county jail, fines between $1,000-$10,000.
  • Felony version: up to 2-4 years in state prison, fines $1,000-$10,000.
  • If serious injury or death: felony version more likely; significant prison time.
• Additional consequences: license suspension or revocation, enormous insurance and civil liability exposure.
• Example: In a fatal crash with hit-and-run, there was a recent case in California where the defendant received 15 years to life (though that included murder/gross vehicular manslaughter as well).

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Extra Notes

• The DMV points accumulate: for example, getting 4 points in 12 months, 6 in 24 months, or 8 in 36 months can trigger license suspension as a “negligent operator.”
• Even if you’re not charged criminally, the victim or property owner can still bring civil lawsuits for damages (property, medical, wrongful death).
• Insurance companies will respond: your premiums will rise, coverage might be canceled, and your driving record will be impacted.
• In some “minor” property damage only cases, some courts allow a “civil compromise” (under Penal Code 1377/1378) which, if the defendant makes full restitution to the victim and meets conditions, may lead to dismissal of criminal charges — but this is not guaranteed.