Who Do I Sue If the Person Who Injured Me Can’t Be Found?

CAR ACCIDENTS

Who Do I Sue If the Person Who Injured Me Can’t Be Found?

PUBLISHED · UPDATED

If the person who injured you fled the scene or can’t be identified—a hit-and-run driver, for example—you still have options. Your own uninsured motorist (UM) coverage is designed for exactly this situation, and California law lets you name a “Doe” defendant to preserve a lawsuit while the responsible party is identified. Don’t assume you have no claim.

Uninsured motorist coverage steps in

In a hit-and-run or unknown-driver crash, your own uninsured/underinsured motorist coverage typically pays for your injuries as if it were the at-fault driver’s policy. Report the incident to police and your insurer promptly—UM claims have strict notice deadlines, and California requires prompt reporting of hit-and-run crashes.

Naming a “Doe” defendant

California procedure allows you to file suit against a Doe defendant when a party’s identity is unknown, then substitute the real name once it is discovered—preserving your claim against the two-year deadline while investigation continues.

How responsible parties get found

Surveillance and doorbell video, witness accounts, vehicle debris, and police investigation frequently identify a fleeing driver. When a product or premises hazard caused the harm, the manufacturer, property owner, or maintenance company can often be identified through records.

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Frequently Asked Questions

Can I recover if a hit-and-run driver is never found?

Often yes. Your own uninsured motorist coverage is designed to pay for injuries caused by an unknown or uninsured driver. Report the crash to police and your insurer promptly to protect the claim.

What is a Doe defendant?

California lets you file a lawsuit naming a ‘Doe’ defendant when a party’s identity is unknown, then substitute the real name once it’s discovered—preserving your claim within the deadline.

How long do I have to act?

Generally two years for a personal-injury claim (Code of Civil Procedure §335.1), but uninsured-motorist claims have their own, often shorter, notice deadlines—so act quickly.

Written & legally reviewed by Compass Law Group partners

Joseph Shirazi, Managing Partner, Compass Law Group

Joseph Shirazi

Managing Partner, Compass Law Group, LLP

California State Bar #265403 · Loyola Law School, J.D.

Joseph Shirazi is the Managing Partner of Compass Law Group, LLP, leading the firm’s personal-injury, catastrophic-injury, and wrongful-death trial practice. He authored the analysis on this page.

Profiles: Avvo · Super Lawyers · Justia · LinkedIn · CA State Bar · Full Bio →

Simon Esfandi, Partner & Co-Founder, Compass Law Group

Simon Esfandi

Partner & Co-Founder, Compass Law Group, LLP

California State Bar #275307 · Loyola Law School, J.D.

Simon Esfandi is a Partner and Co-Founder of Compass Law Group, LLP. He reviewed this page for legal accuracy. Compass represents California injury victims on a No Win, No Fee basis.

Profiles: Avvo · Super Lawyers · Justia · LinkedIn · CA State Bar · Full Bio →

Past results do not guarantee future outcomes. This article is legal information, not legal advice.

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