What are the steps for filing a claim if my legally parked car was hit and damaged in California?
To handle a claim for your legally parked car, you must document the incident, report it to the authorities and DMV if necessary, and file a claim with the appropriate insurance company.
Here are the steps to take:
Step 1: Document the Scene
Immediately take photos and videos of the damage to your car from multiple angles. Also, photograph your car's location to show it was legally parked. Check your windshield for a note from the other driver, as they are legally required to leave their contact information under California Vehicle Code 20002.
Step 2: Search for Evidence and Witnesses
Look for nearby security cameras on buildings or doorbell cameras that may have recorded the collision. Ask residents or businesses if they saw what happened. If you find any witnesses, get their names and contact information.
Step 3: File a Police Report
Contact your local police department to file a report. If the other driver fled the scene, this is a hit-and-run. A police report is crucial evidence for your insurance claim, especially if the at-fault driver is unknown.
Step 4: Report to the California DMV
If the damage to your vehicle exceeds $1,000, you must file an SR-1 report with the California DMV within 10 days of the incident, as required by Vehicle Code 16000. You can find the SR-1 form on the California DMV website.
Step 5: Contact Your Insurance Company
Notify your insurance agent immediately. Provide them with all the evidence you have collected, including photos and the police report number. Your insurer will guide you on the next steps based on your specific coverage.
Step 6: File Your Insurance Claim
If the other driver was identified, you will file a "third-party claim" against their liability insurance. If it was a hit-and-run, you must use your own policy. You can use your Collision coverage (if you have it), which will require you to pay a deductible. Alternatively, you may use Uninsured Motorist Property Damage (UMPD) coverage, which typically has a lower limit (often $3,500) and may not cover hit-and-run incidents where the driver is unidentified.
Important considerations: Without collision coverage or UMPD, recovering repair costs from an unidentified hit-and-run driver is extremely difficult. Filing a claim on your own policy could potentially impact your future insurance rates, even though you were not at fault.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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