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Hit-and-run crashes are among the most frightening and unfair accidents on California roads. An innocent driver or pedestrian is injured, the at fault driver flees, and the victim is left facing a disabled or totaled car, hospital and other medical bills, lost income, and uncertainty. California law does allow recovery through Uninsured Motorist (UM) coverage in many hit and run cases—but only if strict legal requirements are met. To best understand these conditions for your particular case, as every case is different, please contact us now for your FREE consultation.
One of the most misunderstood (and frequently litigated) rules is this:
In California, a hit and run UM claim generally requires physical contact between the hit and run vehicle and the insured person or vehicle.
At Walch Law, our family owned firm has 50 years of experience winning personal injury and wrongful death cases throughout California. We have successfully won thousands of serious injury and fatal accident claims and recovered millions of dollars for our clients and grieving families. Understanding the physical contact rule can mean the difference between a valid UM claim and a denied one—and our experience matters.
California Uninsured Motorist Law: The Physical Contact RequirementCalifornia’s uninsured motorist statute is found at Insurance Code § 11580.2.
Key Statutory Rule and California Code Section
Insurance Code § 11580.2(b)(1) provides that UM coverage applies to injuries caused by a hit and run driver only when the accident involves “physical contact” with:
This rule was enacted to prevent fraudulent claims involving so called “phantom vehicles.” Courts strictly apply it—but they also recognize indirect physical contact in appropriate cases.
What Counts as Physical Contact Under California LawCalifornia appellate courts and the California Supreme Court have repeatedly explained that physical contact does not always require a direct bumper to bumper collision.
1️⃣ Direct Vehicle to Vehicle Contact (Clearly Covered)
Examples include:
These scenarios clearly satisfy the statute requiring physical contact to prove there really was a collision. Remember, a key reason for this condition is to avoid fraud. And while some jurisdictions allow witness testimony to prove another vehicle caused the incident (e.g., when a vehicle on the highway changes lanes threatening you, but does not actually make contact, causing you to lose control and hit something else and be injured), California requires actual physical contact.
2️⃣ Indirect Contact Through an Intermediate Vehicle (Covered)
California courts recognize UM coverage when:
Leading Case:
Farmers Insurance Exchange v. Cocking (1971) 19 Cal.App.3d 10
Holding: Physical contact exists where the hit and run vehicle strikes an intermediate vehicle that is then propelled into the insured. UM coverage applies.
This is common in chain reaction crashes on congested Los Angeles roadways such as:
3️⃣ Objects Struck or Detached From the Hit and Run Vehicle (Covered)
UM coverage may also apply when the hit and run vehicle:
Examples:
California Supreme Court Case:
Orpustan v. State Farm Mutual Automobile Insurance Co. (1972) 7 Cal.3d 988
Holding: Physical contact may be satisfied where an object that is an integral part of the hit and run vehicle (or propelled by it) strikes the insured.
Certain scenarios—though terrifying—do not satisfy California’s UM physical contact rule.
❌ Splashing Water, Dirt, Dust, or Gravel
If a hit and run truck:
UM coverage is typically denied.
Key Case:
Inter Insurance Exchange v. Lopez (1965) 238 Cal.App.2d 441
Holding: No UM coverage where there is no physical contact—such as oil, water or debris merely creating hazardous conditions without impact.
❌ Phantom Vehicles With No Contact
Even if witnesses confirm the other driver’s fault, UM benefits are generally unavailable in California without contact.
Why These Cases Are So Heavily Contested by Insurance CompaniesInsurance companies aggressively deny hit and run UM claims by arguing:
This is why experienced legal representation is critical. At Walch Law, we:
According to data from the California Highway Patrol (CHP) and Caltrans:
Accident reports may be obtained from:
Our personal injury and wrongful death law firm handles this process for clients so they can focus on healing.
Time Limits Matter: Do Not WaitCalifornia law imposes strict deadlines:
Missing a deadline can permanently destroy (lose) your claim.
Why Injured Victims and Families Choose Walch Law✔ 50 years winning personal injury and wrongful death cases
✔ Thousands of cases successfully resolved
✔ Millions recovered for injured clients and grieving families
✔ Family owned, client focused representation ✔ Personal attention—not billboard or TV volume lawyering
✔ Help with medical care, property damage, diminished value, and UM claims
If you or a loved one were injured—or killed—in a hit and run accident, do not assume the insurance company is right.
📱 Call Walch Law today for a free consultation: 866 INJURY 2 or 818.222.3400 (after hours dial “1”)
🌐 Read through our helpful website: WalchLaw.com
📍 Offices in Calabasas and Beverly Hills – Serving all of California
Yes—but only if the accident involved physical contact as required by Insurance Code § 11580.2 and defined by applicable California cases.
Yes. Contact through another vehicle or a physical object propelled by the hit and run vehicle may qualify –water usually does not qualify.
No. California courts consistently rule that these scenarios, including rain water splashing, do not satisfy the UM contact requirement.
Identification is not required if physical contact can be proven.
Deadlines and other required procedures vary by insurance policy and statute—there are procedures and code sections to follow, including to timely make a traffic collision report (police report) so please contact an experienced attorney immediately to protect your rights.