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What Do You Do If You Hit a Pedestrian or Cyclist in California?

Quick answerStop immediately, help the injured person get medical care, and give your name, address, registration and owner details; Vehicle Code sections 20001 and 20003 require it, and leaving an injury accident is a crime. Then report it to your insurer the same day and file an SR 1 with the DMV within 10 days. Your bodily injury liability coverage responds to the injured person's claim if you were at fault.

What the law requires of you, right now

  1. Stop at the scene immediately (Vehicle Code 20001).
  2. Render reasonable assistance, including arranging transport to a doctor or hospital if the person needs it or asks (Vehicle Code 20003).
  3. Give your name, current address, vehicle registration number and the owner's name and address to the injured person, any occupant or a police officer, and show your license on request (Vehicle Code 20003).
  4. File an SR 1 with the DMV within 10 days, because an injury makes the accident reportable whoever caused it (Vehicle Code 16000).

Few moments on the road are worse. The law is clear about the first few minutes because people panic. Leaving the scene of an injury accident is punishable by imprisonment, a fine, or both, and more severely when the injury is serious or fatal. Staying is always the right decision, whatever happened.

The first hour

The next few days

  1. Report to your insurer with the police report number, and say plainly that someone was injured.
  2. Do not negotiate privately with the injured person or their family. Pass any calls or letters to your adjuster.
  3. File the SR 1, or ask your agent, broker or legal representative to file it for you.
  4. Keep your vehicle available for inspection until your insurer says otherwise.

How the claim unfolds

The injured person, or their lawyer, makes a claim against your bodily injury liability coverage. Your insurer investigates, which commonly includes your statement, the police report, witness accounts and medical records. If you were at fault, it negotiates and pays within your limits. If the claim may exceed your limits, insurers commonly write to tell you so; that letter is a cue to talk to your insurer, and possibly a lawyer of your own, about your exposure.

Pedestrians and cyclists can carry their own coverage too. If the injured person had uninsured motorist or medical payments coverage, their insurer may pay them and then pursue yours.

The paper trail to keep

A single folder, kept from day one, saves weeks later.

Fault is not automatic

Hitting a pedestrian does not automatically make you principally at fault. California's rules require an insurer to find your actions were at least 51 percent of the legal cause, and to investigate before deciding, and to tell you in writing, with the basis, if it decides you were. You can ask it to reconsider within 30 days of that notice, and a different person must review it.

What can go wrong

If your limits would not cover a serious injury claim, now is the time to change that. Request a quote with higher limits.

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More of what callers ask

Do I have to stop if I hit a cyclist and they say they're fine?

Yes. Vehicle Code 20001 requires you to stop at any accident that injures someone, and 20003 requires you to exchange details and help. Injuries are not always obvious at first.

Do I file an SR 1 if I hit a pedestrian?

Yes. Any injury makes the accident reportable to the DMV within 10 days, whoever was at fault.

Is hitting a pedestrian always my fault for insurance purposes?

No. California requires the insurer to investigate and find you at least 51 percent of the legal cause before treating you as principally at fault, and to tell you in writing if it does.

What if the injured person's claim is more than my limits?

Your insurer pays up to your limit; any amount above it can be claimed from you personally. Discuss any excess-exposure letter promptly with your insurer, and consider your own lawyer.