Stockton Hit-and-Run Accident Attorney

Attorney Michael Rehm — (800) 978-0754

Hit-and-Run, Drunk Driving, and Uninsured Motorist Claims in Stockton

Attorney Michael Rehm represents victims of hit-and-run crashes, drunk drivers, and uninsured motorists throughout Stockton and San Joaquin County. San Joaquin County ranks first in California among all 58 counties for hit-and-run crashes, with 628 recorded in 2023 according to the California Office of Traffic Safety. Hit-and-run drivers flee for a reason. Many are intoxicated. Many are uninsured. The result is a single type of crash that produces three overlapping legal problems: a fleeing driver, a potentially drunk driver, and an uninsured driver. These are not separate incidents — they are often the same incident viewed from three legal angles, and the recovery strategy has to address all three simultaneously.

Hit-and-Run Crashes

Vehicle Code § 20001 requires any driver involved in a crash resulting in injury or death to immediately stop, render reasonable assistance, and provide their name, address, and insurance information. Vehicle Code § 20002 imposes the same obligation where property damage results. A driver who flees violates the Vehicle Code. That violation establishes negligence as a matter of law when the fleeing itself causes additional harm — including where the driver could have rendered aid and did not.

The practical problem is what happens when the driver is never identified. There is no named defendant to sue directly. The recovery path runs through the victim's own uninsured motorist coverage. Insurance Code § 11580.2 requires California insurers to offer uninsured motorist coverage that includes hit-and-run crashes. The victim's own insurer steps into the shoes of the unidentified driver. The insurer has every financial incentive to minimize the claim. An attorney changes that calculus.

Some California UM policies historically required physical contact between the hit-and-run vehicle and the victim's vehicle to trigger coverage — the so-called physical contact requirement. Phantom vehicle cases, where a fleeing driver caused a crash without direct contact, can present additional coverage issues depending on the specific policy language and the circumstances. These coverage questions require case-specific analysis.

Drunk Driving Crashes

Stockton recorded 266 DUI arrests in 2023, fourth highest among California's 15 largest cities. San Joaquin County recorded 418 drinking drivers aged 21 to 34, seventh among all 58 counties. Source: California Office of Traffic Safety 2023 Crash Data.

Vehicle Code § 23152 makes it unlawful to drive under the influence of alcohol or drugs. The violation establishes negligence as a matter of law when it causes a crash. The drunk driver's blood alcohol content, field sobriety test results, and any resulting arrest record are all admissible as evidence of the breach.

In some drunk driving cases, the conduct rises above ordinary negligence to willful misconduct. California courts have held that willful misconduct requires three elements: actual or constructive knowledge of the peril, actual or constructive knowledge that injury is probable rather than merely possible, and a conscious failure to act to avert it. Berkley v. Dowds (App. 2 Dist. 2007) 152 Cal.App.4th 518. Where a driver operated with an extremely high blood alcohol level, had prior DUI convictions, or was driving at high speed while intoxicated, the combination of factors may constitute willful misconduct even if no single element would suffice alone. Pelletti v. Membrila (App. 2 Dist. 1965) 234 Cal.App.2d 606. Willful misconduct opens the door to punitive damages under Civil Code § 3294.

A note on dram shop liability. Civil Code § 1714(b) and (c) provide that the consumption of alcohol, not the furnishing of it, is the proximate cause of injuries resulting from intoxication, and that no social host who furnishes alcohol to an adult is legally accountable for resulting damages. Licensed commercial sellers are separately governed by Business and Professions Code § 25602. The immunity is broad but has limits — it does not extend to sales to obviously intoxicated minors under Business and Professions Code § 25602.1, and whether a particular bar or restaurant bears liability for serving a driver who then caused a crash requires case-specific analysis.

Uninsured and Underinsured Motorist Claims

Effective January 1, 2025, Senate Bill 1107 raised California's minimum liability insurance to $30,000 per person, $60,000 per accident, and $15,000 for property damage. Vehicle Code § 16056(a)(2). A significant share of California drivers carry minimum limits or no insurance at all. San Joaquin County's first-place ranking for hit-and-run crashes is itself a proxy for the uninsured driver problem — drivers who flee are disproportionately uninsured.

When an uninsured driver causes a crash, the victim's own UM coverage provides the recovery. Insurance Code § 11580.2 requires California insurers to offer uninsured motorist coverage. The insurer stands in the place of the uninsured driver and has the same defenses that driver would have had — plus a financial interest in paying as little as possible.

Underinsured motorist coverage applies when the at-fault driver has insurance but not enough. If a driver with $30,000 in liability coverage causes $250,000 in harm, the victim's UIM coverage — up to its policy limits — covers the gap after the at-fault driver's policy is exhausted. Miranda v. 21st Century Ins. Co. (2004) 117 Cal.App.4th 913, 923 addresses the insurer's obligations under UM/UIM policies and the framework governing how those claims are evaluated.

In UM and UIM claims the victim's own insurer is the adverse party. The insurer has a financial interest in minimizing what it pays. An insurer that unreasonably withholds or delays payment may face bad faith liability under Insurance Code § 790.03, which creates potential liability beyond the policy limits. An attorney on the other side of this negotiation changes what the insurer offers.

What to Do After a Hit-and-Run Crash

Call 911 immediately. A police report establishes the hit-and-run as a matter of record. Most UM policies require corroboration of a hit-and-run and a police report satisfies that requirement. Without a report, triggering coverage becomes harder.

Document everything at the scene. Photographs of the damage, the scene, and any debris from the fleeing vehicle. Any partial plate number or vehicle description. Names and contact information for every witness. The direction the vehicle traveled. This information disappears within hours and cannot be reconstructed later.

Preserve time-sensitive evidence. Traffic camera footage, business surveillance footage, and dashcam recordings from nearby vehicles are often available only for days or weeks before they are overwritten. Identifying and requesting preservation of this footage must happen immediately.

Do not give a recorded statement to your own insurer without counsel. In a UM claim, your insurer's interests and your interests are not the same. A recorded statement made without understanding that dynamic can damage the claim.

Damages

California law entitles an injured person to compensation for all detriment proximately caused by another's negligence, whether or not that detriment could have been anticipated. Civ. Code § 3333. The categories of compensable loss include impairment of earning capacity, medical care and other expenses, physical pain and mental suffering, aggravation of any prior condition, susceptibility to subsequent disease or injury, and loss of consortium. Civ. Code §§ 3281, 3282, 3283.

In drunk driving cases involving willful misconduct, punitive damages under Civil Code § 3294 may be recoverable in addition to compensatory damages. Punitive damages are intended to punish and deter conduct that is malicious, oppressive, or fraudulent — or that constitutes willful misconduct. They are not capped in California personal injury cases.

California applies the eggshell plaintiff rule: a defendant takes the plaintiff as they find them. A pre-existing condition that the crash aggravated is part of the damages case, not a defense to it.

Statute of Limitations and Policy Deadlines

A personal injury claim must be filed within two years of the date of injury. Code of Civil Procedure § 335.1. UM and UIM claims have an additional contractual layer. Most policies require that an arbitration demand or lawsuit against the insurer be filed within a specified period and impose their own notice and reporting requirements. Missing a contractual deadline can waive coverage entirely, regardless of the tort statute of limitations. Both the tort deadline and the contractual policy deadlines must be tracked from the date of the crash. Missing either deadline can potentially bar the claim.

Where a government entity owned or operated one of the vehicles involved, a government tort claim must be presented within six months under Government Code § 911.2. Tolling doctrines may apply depending on the facts — contact Attorney Michael Rehm to assess the specific timeline in your case.

San Joaquin County Superior Court

Hit-and-run and drunk driving injury cases in San Joaquin County are litigated at the San Joaquin County Superior Court, 180 E. Weber Ave., Stockton, CA 95202. Civil departments 10A, 10B, 10C, 10D, and 11B. Branch courts in Lodi (315 W. Elm St.) and Manteca (315 E. Center St.). Court reporters are not provided in civil cases — parties must retain their own. Local Rule 3-102(J). Tentative rulings on law and motion matters are posted at 1:30 PM the day before the hearing. Local Rule 3-113.

Attorney Michael Rehm handles hit-and-run, drunk driving, and uninsured motorist cases throughout Stockton and San Joaquin County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.