Vehicle Code §20001 and §20002 — what you must do at a crash scene, the penalties for leaving, and how victims recover
By John Quigley · Updated June 1, 2026
A fender-bender in a Mission Valley parking lot, a sideswipe on the I-805, a pedestrian struck in a North Park crosswalk — what turns an ordinary collision into a crime is not the crash itself, but what the driver does next. In California, leaving the scene of an accident without fulfilling specific legal duties is a "hit and run," and it is one of the few traffic-related offenses that can send an otherwise law-abiding driver to state prison. Just as importantly, hit and run is one of the most common situations where injured San Diego victims are left wondering who will pay for their medical bills when the responsible driver has vanished.
This guide explains California's two hit and run statutes, the affirmative duties every driver owes after any collision, the criminal penalties for failing those duties, and the rights of victims to recover compensation — even when the other driver is never found. It is written for San Diego County residents and reflects California law as of 2026. It is general information, not legal advice for your specific case.
California does not have a single "hit and run" law. Instead, the offense is split between two sections of the Vehicle Code, and the difference between them is enormous — it is the difference between a fine and a felony.
Vehicle Code §20001 — Injury or Death. When a driver is involved in an accident that causes injury to or the death of another person and flees without stopping and fulfilling their legal duties, they violate §20001. This is the serious felony-eligible version of hit and run.
Vehicle Code §20002 — Property Damage Only. When a driver is involved in an accident that damages only property — another car, a parked vehicle, a fence, a mailbox — and leaves without exchanging information, they violate §20002. This is always a misdemeanor.
One point surprises many drivers: fault is irrelevant to the hit and run charge. Even a driver who did nothing wrong — who was lawfully stopped and rear-ended — commits a hit and run if they leave the scene without exchanging information. The duty to stop attaches to involvement in the accident, not to blame for it.
The duties imposed on drivers are spelled out in Vehicle Code §20003 and §20004 for injury accidents, and within §20002 itself for property-damage accidents. Understanding them is the best protection against an accidental hit and run charge.
The penalty range depends entirely on which statute applies and, for §20001, on the severity of the injuries.
| Offense | Classification | Custody | Fine |
|---|---|---|---|
| VC §20002 — Property damage only | Misdemeanor | Up to 6 months county jail | Up to $1,000 |
| VC §20001 — Injury (misdemeanor) | Wobbler (filed as misdemeanor) | Up to 1 year county jail | $1,000–$10,000 |
| VC §20001 — Injury (felony) | Wobbler (filed as felony) | 16 months, 2, or 3 years state prison | $1,000–$10,000 |
| VC §20001(b)(2) — Death or permanent serious injury | Felony | 2, 3, or 4 years state prison | $1,000–$10,000 |
Beyond jail and fines, a hit and run conviction adds two points to your California driving record under the DMV's negligent-operator point system, which can trigger license suspension and sharply higher insurance premiums. A felony conviction can also mean victim restitution, a lengthy probation term, and the collateral consequences that follow any felony record — from employment screening to professional licensing.
San Diego County cases are prosecuted by the District Attorney's Office and heard in the San Diego Superior Court — felony matters and most misdemeanors at the Central Division courthouse downtown at 1100 Union Street, or at the North County (Vista), East County (El Cajon), or South County (Chula Vista) divisions depending on where the crash occurred.
A hit and run charge is not a conviction, and several defenses are routinely raised by San Diego criminal defense attorneys:
For the thousands of San Diego drivers, cyclists, and pedestrians struck by a driver who flees, the pressing question is financial: who pays? The answer often lies in your own insurance policy.
Under California Insurance Code §11580.2, auto policies offer uninsured/underinsured motorist (UM/UIM) coverage, and a hit and run driver who is never identified is treated as an uninsured motorist. If you carry UM coverage, your own insurer steps into the shoes of the fleeing driver to pay for your injuries. To preserve a UM claim after a hit and run, California generally requires that the collision be reported to police within 24 hours and that, for "phantom vehicle" cases, there be physical contact or independent corroboration of the other vehicle.
Separately from any police report, California Vehicle Code §16000 requires any driver involved in an accident causing injury, death, or more than $1,000 in property damage to file a Report of Traffic Accident (form SR-1) with the DMV within 10 days. This obligation applies to victims too, and missing it can jeopardize your own driving privileges.
If the at-fault driver is later identified, you can pursue a personal injury lawsuit. Under California Code of Civil Procedure §335.1, the statute of limitations for personal injury — including injuries from a hit and run — is two years from the date of the accident. Claims for property damage carry a three-year deadline under Code of Civil Procedure §338. If a government vehicle or public entity is involved, a much shorter six-month claim deadline under the Government Claims Act applies, so early legal advice matters.
Hit and run sits at the intersection of criminal and civil law, and the deadlines are completely separate. On the criminal side, prosecutors generally have one year to file a misdemeanor §20002 charge under Penal Code §802 and three years for a felony §20001 charge under Penal Code §801. On the civil side, the victim's two-year injury deadline under CCP §335.1 runs independently. A driver can be acquitted of the crime and still be liable in a civil suit, or never criminally charged yet fully responsible for damages.
If you have been accused of leaving the scene, do not give a recorded statement to police or an insurance investigator before consulting a San Diego criminal defense attorney — early intervention frequently prevents a felony filing or resolves the matter as an infraction-level civil compromise. If you are the victim of a hit and run, call 911, photograph everything, note any partial plate or vehicle description, identify witnesses and nearby surveillance cameras, file a police report within 24 hours, and notify your own insurer to open a UM claim while you still can.
Our directory connects you with experienced California attorneys across San Diego County.
Find an Attorney