Statute of Limitations Hit and Run Cases: How Long Do Hit and Run Cases Stay Open?

By Emery Ledger on June 8, 2026

A hit and run has two time limits in California, and they are different things. One is the time the state has to charge the driver who left. The other is the time a person who was hurt has to bring a claim for money. This page gives both in the codes’ own terms, and says what an injured person can do when the driver is not found. It covers California law only. This is general information and not legal advice.

What Is a Hit and Run Accident?

California law requires a driver involved in a crash to stop at once. Where a person other than the driver is injured or killed, the driver must stop at the scene, give a name and current address, the vehicle’s registration number and the owner’s name and address to the person struck or to the people in the other vehicle and to any officer there, and give reasonable help to anyone injured, including getting the person to medical care (Vehicle Code sections 20001 and 20003). Where only property is damaged, a parked car included, the driver must stop at the nearest place that does not block traffic and either find the owner and give those names and addresses, or leave a written notice in a conspicuous place and notify the city police, or outside a city the Highway Patrol, without unnecessary delay (section 20002). Driving away without doing these things is what people call a hit and run.

Is There a Statute of Limitations on Hit and Run?

Yes. In California there are two, and they run separately: a time limit on the criminal charge against the driver who left, and a deadline for the injured person’s own lawsuit. Both are below.

Criminal vs Civil Statutes of Limitations

The criminal time limit is the time within which the state must begin a prosecution. The civil deadline is the time within which a person who was hurt must file a lawsuit for damages. A different code sets each one.

What Is the Statute of Limitations for a Hit and Run Charge?

Where the crash damaged property only: one year. Leaving the scene is then a misdemeanor (Vehicle Code section 20002), and prosecution for an offense that is not punishable by death or by imprisonment in the state prison must be commenced within one year after the offense (Penal Code section 802).

Where a person other than the driver was injured or killed: three years. Leaving the scene is then punishable by imprisonment in the state prison or in a county jail (Vehicle Code section 20001), and prosecution for an offense punishable by imprisonment in the state prison must be commenced within three years after the offense (Penal Code section 801).

Where the crash caused death or permanent, serious injury, the complaint may be filed within that time or within one year after the person is first identified by law enforcement as a suspect, whichever is later, and never later than six years after the offense (Penal Code section 803, subdivision (j)). The Vehicle Code defines a permanent, serious injury as the loss or permanent impairment of function of a bodily member or organ.

How Long Do Hit and Run Cases Stay Open?

The sections cited on this page do not say how long a police investigation stays open. What they set is the time within which a criminal charge must be brought and the time within which an injured person must file a lawsuit. Those are the two limits given above and below.

What If the Driver Is Not Found Right Away?

If the driver is never found, your own auto policy may still cover your injuries under its uninsured motorist coverage. California requires that coverage in a policy of bodily injury liability insurance for a motor vehicle unless the insurer and a named insured have agreed in writing to delete it (Insurance Code section 11580.2, subdivision (a)). Where the owner or driver of the other vehicle is unknown, California’s Insurance Code sets three conditions. The injury must have arisen out of physical contact between that vehicle and you or the vehicle you were in. The crash must be reported within 24 hours to the police department of the city where it happened or, outside a city, to the county sheriff or the local headquarters of the California Highway Patrol. And within 30 days after that, a statement under oath must be filed with the insurer saying that you have a claim against a person whose identity cannot be found, with the facts that support it (Insurance Code section 11580.2, subdivision (b)). A claim on that coverage has its own limit: within two years from the date of the accident, a suit for bodily injury must be filed against the uninsured motorist, or agreement on the amount due under the policy reached, or arbitration formally started by written notice to the insurer sent by certified mail, return receipt requested (subdivision (i)).

What Are the Criminal Penalties of a Hit and Run?

The Vehicle Code sets them. Property damage only: up to six months in the county jail, a fine of up to $1,000, or both (section 20002). A person injured or killed: imprisonment in the state prison, or up to one year in a county jail, a fine of $1,000 to $10,000, or both. Death or permanent, serious injury: two, three or four years in the state prison, or 90 days to one year in a county jail, a fine of $1,000 to $10,000, or both (section 20001).

What Can Victims Do After a Hit and Run Accident?

Do not chase the other driver. If you can do so safely: call 911. Write down or photograph what you can of the vehicle and its plate. Photograph the scene and your own vehicle. Ask anyone who saw it for a name and a number, and point them out to the officer. Ask a nearby business or home with a camera to keep its recording. Tell your own insurer.

Reporting the crash: when anyone is hurt or killed, the driver must make a written report within 24 hours to the California Highway Patrol or, inside a city, to the Highway Patrol or the city police (Cal. Veh. Code section 20008). Deadline to sue: generally two years to file a lawsuit for an injury caused by the wrongful act or neglect of another person (Cal. Code Civ. Proc. section 335.1). A claim against a public body: a written claim must be presented to the public body not later than six months after the claim arises (Cal. Gov. Code section 911.2).

Why Timing Matters After a Hit and Run

Four time limits can apply to a person hurt in a hit and run in California, and two of them are short: 24 hours to report the crash; 30 days after that report for the sworn statement to your insurer where the driver is unknown; six months to present a written claim where a public body may be answerable; and generally two years to file a lawsuit for an injury.

How an Attorney Can Help After a Hit and Run

In a civil claim, a lawyer for the person who was hurt gathers the records and the evidence, deals with the insurers, your own included, and files the claim within the deadline. That lawyer does not prosecute the driver: that is the state’s work. The Ledger Law Firm is a personal injury law firm with attorneys licensed in California, Texas and Washington. If your matter is one The Ledger Law Firm does not handle itself, we will try to refer you to an attorney who does.

Call (800) 300-0001. Free case evaluation. More on these claims: car accident lawyer.

FAQs About Statute of Limitations Hit and Run Cases

Is there a statute of limitations on hit and run accidents?

Yes. In California there are two that run separately: a time limit on the criminal charge and a deadline for the injured person’s own lawsuit.

What is the statute of limitations for a hit and run charge?

In California: one year where only property was damaged, three years where a person was injured or killed, and where the crash caused death or permanent, serious injury the complaint may also be filed within one year after a suspect is first identified, never later than six years after the offense (Penal Code sections 801, 802 and 803).

How long does the state have to bring a hit and run charge?

The Penal Code sets the time by the punishment the offense carries. The limits for California are in the part above, What Is the Statute of Limitations for a Hit and Run Charge?

Can police investigate a hit and run years later?

The sections cited on this page set no end date for an investigation. They set the time within which a charge must be brought.

Is the injured person’s deadline the same as the time limit on the charge?

No. They are set by different codes. The injured person’s deadline to sue in California is generally two years, with an earlier step of six months for a claim against a public body. Where the driver is convicted of a felony for the crash, an action for damages based on that felony may be brought within one year after judgment is pronounced, unless a longer period applies (Code of Civil Procedure section 340.3).

Does a hit and run involving injury have a longer statute of limitations?

For the criminal charge in California, yes: three years where a person was injured or killed, against one year where only property was damaged.

Should I hire a lawyer after a hit and run accident?

If you were hurt, a lawyer can deal with the insurers, your own included, and file your claim within the deadlines above. The Ledger Law Firm offers a free case evaluation at (800) 300-0001.

Emery Ledger

Emery Brett Ledger brings 28+ years of experience to personal injury law. He founded & led The Ledger Law Firm in securing over $100 million in compensation for clients with life-altering injuries & complex claims. Prior results do not guarantee a similar outcome. Licensed in California, Texas, & Washington, Emery earned his law degree from Pepperdine University School of Law. His practice areas include car & truck accidents, wrongful death, catastrophic injuries, maritime claims, & mass tort litigation. He has been recognized by The National Trial Lawyers’ Top 100, Mass Tort Trial Lawyers Top 25, and America’s Top 100 Personal Injury Attorneys. Emery also received the 2025 Elite Lawyer Award & holds a perfect 10.0 Avvo rating with Platinum Client Champion status. His legal work has been featured on CNN, Forbes, NBC, & ABC.