The hit and run statute of limitations in California depends on what the crash caused. Prosecutors have one year to file charges for a property-damage hit and run, three years when someone was injured, and up to six years when the collision caused death or permanent serious injury. Victims who want to sue face their own, separate deadlines.
One Year for Property-Damage Hit and Run
If a driver leaves the scene of a crash that damaged only property and hurt no one, the offense is a misdemeanor under Vehicle Code 20002.1California Legislative Information. California Vehicle Code 20002 – Accident Involving Property Damage Prosecutors have one year from the date of the incident to file charges. That deadline comes from Penal Code 802, the default limit for California misdemeanors.2California Legislative Information. California Penal Code 802 – Limitation of Time for Misdemeanors
This is the clipped-parked-car scenario. If a year passes and no charges have been filed, the case is time-barred.
Three Years for an Injury Hit and Run
Leaving the scene of a crash that injured or killed someone falls under Vehicle Code 20001, which can be charged as either a misdemeanor or a felony depending on how serious the injuries were and the surrounding circumstances. If charged as a misdemeanor, the one-year deadline controls. If charged as a felony, prosecutors have three years under Penal Code 801.3California Legislative Information. California Penal Code 801 – Limitation of Time for Felonies
Up to Six Years When Someone Died or Was Permanently Injured
The most serious hit and run cases get extra time. Assembly Bill 184, enacted in 2014, added a provision to Penal Code 803 for crashes that caused death or permanent serious injury. In those cases, prosecutors can file within the normal three years, or within one year after law enforcement first identifies the suspect, whichever is later. The outside limit is six years from the date of the collision.4California Legislative Information. Assembly Bill 184 – Statute of Limitations
This matters because serious hit and run investigations often stall. A struck pedestrian may not get a plate number. Surveillance footage can take months to pull. The extended window lets investigators work cold cases without losing the ability to prosecute. The extension only reaches cases involving death or permanent serious injury, not every injury-related hit and run.
When the Clock Starts
The statute of limitations begins running on the date of the accident, not the date the driver is identified or arrested. If police spend two years figuring out who was behind the wheel, those two years are already gone. The AB 184 provision for the most serious cases is the only carve-out, and it still caps at six years total.
Leaving California Does Not Pause the Clock
One of the most common misconceptions is that the deadline stops running if the suspect flees the state. That rule applies to civil lawsuits, not criminal prosecutions. Penal Code 803 is explicit: the criminal statute of limitations is not tolled or extended for any reason, including a defendant’s absence from California.5California Legislative Information. California Penal Code 803 – Limitation of Time The clock runs the same whether the suspect is in Los Angeles, in another country, or anywhere in between.
The one narrow exception is when prosecution for the same conduct is already pending in a California court. If charges are filed and later dismissed on a technicality, the time the case was pending doesn’t count against any refiling deadline.
Civil Deadlines for Victims
If you were hit, the criminal deadline is the prosecutor’s clock. Yours is the civil statute of limitations for suing the driver, and it’s shorter than many people assume.
- Personal injury or wrongful death: two years from the date of the accident under Code of Civil Procedure 335.1.6California Legislative Information. California Code of Civil Procedure 335.1
- Property damage: three years from the date of the accident under Code of Civil Procedure 338.7California Courts. Deadlines to Sue Someone
On the civil side, the deadline can be tolled while the defendant is out of state. The practical hurdle for hit and run victims is usually not time but identity: you often don’t know who hit you, which makes a lawsuit difficult even when the clock still has years to run. Uninsured motorist coverage on your own auto policy is frequently the faster route to compensation.
What Counts as a Hit and Run in the First Place
These deadlines only apply when a driver had a duty to stop and failed to meet it. Every driver involved in a collision must stop at the scene or as close to it as safely possible. For a property-only crash, the driver has to share name, address, vehicle registration, and driver’s license information with the other party or a responding officer.1California Legislative Information. California Vehicle Code 20002 – Accident Involving Property Damage When someone is injured or killed, the driver must also render reasonable assistance, which can mean calling for an ambulance or taking the injured person for medical treatment.8California Legislative Information. California Vehicle Code 20003 – Duties Upon Injury or Death Leaving without doing those things is what turns an accident into a hit and run and starts the clock the deadlines above measure.