Hit and run penalties are severe. Depending on the amount of damage, you may be given a large fine, sent to jail or both.  You also could lose your driver's license.

If you hit a parked car, try to find the driver.  If you cannot, the law says you may drive away only after you leave behind your name, address and an explanation of the accident- and you must notify the local police or California Highway Patrol (CHP) either by telephone or in person.

You must call the police or CHP if the accident caused a death or injury.  An officer who comes to the scene of the accident will make a report.  If an officer does not show up, you must make a written report on a form available at the police department or CHP office.

If you are not trained in first aid - do not move someone who is badly hurt; you might make the injury worse.

To avoid additional collisions, try to warn other motorists that an accident has occurred.  Placing flares on the road, turning on your car's hazard lights and lifting the engine hood are good ways to warn oncoming traffic.

Arrange to get help for any injured persons, ad try not to panic.

Or, flag a passing car, and ask the driver to go for help.  Perhaps the driver will have a celluar phone in the car and can make an emergency call on the spot.

Since many records now are confidential under the law, you may not be able to obtain the information that you want from Department of Motor Vehicles (DMV).  So be sure to get as much correct information as you can at the scene of he accident.

You and the other driver should show each other your driver's licenses and vehicle registrations.

• The other driver's name, address, date of birth, telephone number, driver's license number and expiration date, and insurance company.
• The other car's make, year, model, license plate number and expiration date, and vehicle identification number.
• The names, addresses, telephone numbers and insurance companies of the other car's legal and registered owners -if the driver does not own the car.

The names, addresses and telephone numbers of witnesses to the accident.  Ask them to stay to talk to the CHP or police.  If they insist on leaving, ask them to tell you what they saw and write everything down.


Try to identify people at the accident scene, even if they will not give their names.  For example, if a man who saw the accident drives off,  take down his license plate number.  Law enforcement officers can trace the owner's name and address.

• The name and badge number of the law officer who comes to the accident scene. Ask the officer where and when you get a copy of the accident report.
• A simple diagram of the accident.  Draw the positions of both cars before, during and after the accident.  If there are skid marks on the road, pace them off.  Draw them on a diagram, noting the distance they cover.  Mark the positions of any crosswalks, stop signs, traffic lights or street lights.  If you have a camera with you, take pictures of the scene.   Make notes, too, on weather and road conditions.  If the accident happened after dark, say whether street lights were on.  Estimate your speed and the other driver's. Be sure to note the exact time and place the accident happened. 

However, be sure to cooperate with the police officer investigating the case.  But, stick to the facts. For instance, if you were driving 30 miles an hour, say so.  Do not say, "I wasn't speeding".

While it is okay to sign the ticket, you may want to talk with your lawyer before you pay a fine or plead guilty to the charges.  Find out if you can attend traffic school instead. If you plead guilty, you may hurt your chances of collecting damages from the other driver later.  Or, you may help the other driver to collect damages from you.

• Drunk driving -Driving with a blood alcohol level of 0.08% or higher (0.05% if you are 18) is illegal, and penalties for drunk driving in California are severe. The chart on the next page, prepared by the California Highway Patrol, is a guide, but not a guarantee, of how many drinks it may take to raise your blood alcohol level to a percent that would be considered illegal when behind the wheel.
• Seat Belts You can be pulled over and ticketed by the police if you or your passengers are not wearing seat belts.  Children under 4 years old or who weightless then 40 pounds must be protected by a special safety seat.

The law says that you can prove your financial responsibility in one of these ways:

• Insurance. You must have liability insurance that provides at least $5,000 coverage for property damage for one accident, $15,000 for one person injured or killed in an accident and $30,000 for two or more people injured or killed.
• Cash.  You can deposit $35,000 in cash with the DMV.
• Bond.  The DMV also will accept a bond for $35,000.  However, very few bonding companies issue financial responsibility bonds.

 

• the damage to either car is more than $500.

                       or
• anyone is injured or killed in the accident.

Get an SR-1 Report of Traffic Accident form from your local DMV office, CHP, police or insurance company.

• Liability. If you are to blame for an accident, your liability insurance will pay the other driver for property damage and personal injuries up to your policy's limits. If you are not at fault, the other driver's liability insurance pays for your car damage and/or personal injuries. 


In California, if you and the other driver both have car damage or injuries and you both are partly responsible for the accident, you each may be able to collect part of your loss. How much each of you collects from the other's policy depends on the amount of your damages and how much each of you is at fault.  If you loan your car to someone who has an accident, your insurance pays for the damages- just as it would if you had been driving. 

• Collision. No matter who is at fault, your collision insurance pays for damages to your car (not your medical expenses), minus the policy deductible.  Most insurance companies do not offer collision coverage for very old cars.  You may have other insurance too.  Your health insurance, for example, may pay your medical bills.  Also, your automobile insurance may have medical payments coverage.  If so, it will pay the cost of your medical treatment.  This coverage can be used in place of your other health insurance or in addition to it.

Checklist
 

Protect Yourself And Others:

• Drive defensively
• Don't drive after drinking.
• Make sure you and your passengers wear seat belts.
• Have adequate insurance coverage.

• Stop
• Help or get help for injured people.
• Warn other motorists (use flares, hazard lights).
• Call 911 to contact the police or California Highway Patrol if an injury or death occurs.
• Use the back page of this pamphlet to take notes on the accident - write down information about the other driver and car, witnesses, passengers, accident location and more.
• Cooperate fully with law officers, bu speak with your insurance agent and/or lawyer before accepting any blame.

• Call or see your physician.
• Report the accident to your insurance company.
• Report the accident to the Department of Motor Vehicles within 10 days if someone is injured or killed or if damage to either car is more than $500.
• Make a claim with your insurance company and / or the other driver's to pay for your injuries and losses.
• Contact a lawyer if you are sued or if you want to make a claim.