You can’t personally file criminal charges after a hit-and-run, but pressing charges for a hit and run is really a matter of pushing the case forward: reporting it fast, handing police strong evidence, and telling the prosecutor you want it pursued. The district attorney makes the final call, and that call turns on how solid the evidence is.
Who Actually Files the Charges
“Pressing charges” is one of the most common misunderstandings in criminal law. Victims don’t file criminal charges. Prosecutors do. You can report the crime, give a statement, and make clear you want the case pursued, but the final decision belongs to the district attorney’s office. Prosecutors evaluate the evidence independently and decide whether the case is strong enough to bring to court.
Your input still carries weight. A victim who provides detailed information, follows up with investigators, and is willing to testify strengthens the case considerably. Prosecutors also look at the severity of the harm, whether the suspect has prior offenses, and whether a conviction is realistically achievable. In some cases they file charges even when a victim doesn’t want them to, and in others they decline to prosecute despite a victim’s insistence. The evidence drives the decision.
What to Do Right Away
Call the police immediately. This is the single most important step, and delay hurts your case in ways that are hard to reverse. Witnesses leave. Surveillance footage gets overwritten. Physical evidence at the scene degrades. When you call, give the time, location, the direction the vehicle traveled, and any details you remember about the car’s make, model, color, or license plate, even a partial number.
While you wait for officers, document everything you can. Photograph skid marks, broken vehicle parts like mirror fragments or grille pieces, paint transfer on your vehicle or clothing, and the positions of vehicles and debris. Note nearby businesses or homes with security cameras so investigators can request footage before it’s overwritten. Dashcam footage, yours or a witness’s, is especially valuable because it can capture both the impact and the driver fleeing.
When police arrive, they’ll create an official report that becomes the backbone of any future legal action. Review it for accuracy. If it misstates the location, timeline, or what happened, ask for corrections. You’re entitled to a copy, and you’ll need it for insurance claims and any civil lawsuit later.
What the Prosecutor Needs to Charge
Once police identify a suspect, the case goes to the prosecutor’s office for review. Prosecutors look at whether the evidence is strong enough to prove guilt beyond a reasonable doubt, the standard for any criminal conviction.1Legal Information Institute. Beyond a Reasonable Doubt Jurors must be firmly convinced the defendant is guilty, not just that guilt seems likely.
The evidence prosecutors weigh most heavily includes surveillance footage placing the suspect’s vehicle at the scene, forensic findings like paint transfer or matching vehicle damage, eyewitness testimony, and the police report. They also consider the suspect’s criminal history, since repeat offenders or those with prior traffic violations may warrant more aggressive prosecution. Cases involving serious injury, death, or impaired driving almost always receive priority.
Prosecutors can decline to file charges if the evidence is weak, even when police believe they’ve found the right person. If that happens, you still have civil options.
You should also know that many hit-and-run drivers are never identified at all, particularly in property-damage-only cases where fewer investigative resources are allocated. Identification rates are higher in fatal cases but still far from universal. That’s why the evidence you gather in the first hour matters so much.
Where Victims Have Real Input
Most criminal cases, including hit-and-runs, resolve through plea negotiations rather than trial. A felony hit-and-run might be reduced to a misdemeanor or to reckless driving, especially if injuries were minor and the defendant turned themselves in. You don’t have veto power over a plea deal, but prosecutors in many jurisdictions are required to consult with victims before finalizing one. If you think the proposed deal is too lenient, say so, in writing, to the prosecutor’s office.
What the Driver Can Be Charged With
Every state requires drivers involved in an accident to stop, identify themselves, and provide insurance information. When someone is injured, drivers also have a duty to render reasonable assistance, such as calling for medical help. Leaving the scene without meeting these obligations is the core of a hit-and-run offense.
The severity of the charge depends on what happened.2Justia. Hit and Run Laws
- Property damage only is generally a misdemeanor, punishable by up to a year in jail, fines, and possible probation.
- An accident causing injury typically becomes a felony, with prison sentences from one to several years and larger fines. The more serious the injury, the longer the potential sentence.
- Leaving the scene of a fatal accident carries the heaviest consequences, with some states imposing prison terms of up to 15 years or more.
Aggravating factors like driving under the influence, excessive speed, or a suspended license can push charges higher. Beyond jail and fines, most states suspend or revoke the convicted driver’s license, and the conviction typically appears on the driver’s permanent record, affecting employment, insurance rates, and professional licensing.
Restitution
Criminal courts can order a convicted hit-and-run driver to pay restitution directly to you as part of sentencing. Unlike a civil lawsuit, restitution is imposed by the judge and is a mandatory part of the sentence for many offenses involving physical injury or financial loss.3GovInfo. 18 USC 3663A – Mandatory Restitution to Victims of Certain Crimes It typically covers medical expenses, property repair or replacement, and lost wages. The court orders the full amount of the victim’s losses without regard to the defendant’s ability to pay, though payment plans are common.
Restitution and a civil judgment are separate. You can receive both, though courts generally prevent double recovery for the same loss. The practical advantage of restitution is that the government enforces the payment order; collecting on a civil judgment is your own responsibility.
If the Driver Is Never Identified
Many hit-and-run drivers disappear and stay gone. When that happens, criminal charges obviously can’t move forward, but you still have ways to recover financially.
Uninsured motorist coverage treats a hit-and-run by an unknown driver the same as an accident caused by someone with no insurance. Roughly half of all states require it as part of standard auto insurance, and many drivers carry it even where it’s optional. It can reimburse medical expenses, lost wages, and sometimes vehicle damage depending on your policy. Check your declarations page or call your insurer.
Collision coverage will pay for your vehicle repairs regardless of who caused the accident or whether they’re identified. You’ll pay your deductible upfront, but you avoid absorbing the full cost. It doesn’t cover medical bills or lost wages.
Every state also operates a crime victim compensation program, funded in part through the federal Victims of Crime Act.4Office of the Law Revision Counsel. 34 USC 20102 – Crime Victim Compensation These programs reimburse medical expenses, mental health counseling, lost wages, and funeral costs.5Office for Victims of Crime. Help in Your State Hit-and-run qualifies in most states when it causes physical injury. Eligibility generally requires reporting the crime to police, cooperating with the investigation, and applying within the program’s deadline. These programs are a payer of last resort, covering expenses not already paid by insurance or restitution.
Suing the Driver Yourself
A criminal case punishes the offender. A civil lawsuit compensates you. They’re separate proceedings, and you can pursue both at once. Even if the prosecutor declines to file charges or the defendant is acquitted, you can still sue.
Civil claims for hit-and-run victims typically cover medical bills, vehicle repair or replacement, lost income, and pain and suffering. If the driver’s behavior was especially reckless, such as fleeing after causing severe injury, you may also recover punitive damages.
The burden of proof in a civil case is lower than in criminal court. You only need to show that liability is more likely true than not, a standard known as preponderance of the evidence.6Legal Information Institute. Preponderance of the Evidence That’s why some victims win civil judgments even when the criminal case didn’t result in a conviction.
Deadlines You Can’t Miss
Both criminal charges and civil lawsuits must be filed within time limits set by state law. For criminal hit-and-run charges, misdemeanors typically carry a one- to two-year window, while felonies may allow two to six years depending on the state and severity of the offense. Once the clock runs out, prosecutors can no longer bring charges regardless of the evidence.
Civil statutes of limitations for personal injury and property damage claims generally fall in the two- to three-year range but vary by state. The deadline usually starts on the date of the accident, though some states allow extensions when the responsible driver’s identity wasn’t immediately known. Missing either deadline permanently closes that avenue of recovery, so track these windows from the day of the crash.