If a driver hits you while you are riding your bicycle and leaves the scene, you may feel like there is no way to hold anyone accountable. There is, however, an option that you can take to file your case.
John Doe claims under California law
Under state law, you may designate an unknown defendant by a fictitious name—typically “John Doe” or “Jane Doe.” This allows you to proceed with your case while the investigation continues. The purpose of this provision is to keep the statute of limitations from expiring while you are still trying to find the person who caused your injuries.
UM coverage after a hit-and-run
Uninsured motorist (UM) coverage is a type of first-party insurance that pays for your damages when the at-fault driver has no insurance or cannot be found. California requires insurance companies to automatically include this benefit in all auto policies unless you explicitly reject it in writing.
Most policies define the “insured” as the named policyholder and resident family members, even when they are not in a vehicle at the time of the crash. This means the protection may apply to you if you were riding a bicycle or just a passenger.
For hit-and-run claims, the fleeing vehicle must make physical contact with you or your bicycle. This rule is meant to prevent fraudulent cases based on so-called “phantom vehicles” that were never present.
If there was no direct physical contact, for example, a vehicle forced you off the road without touching you, you cannot file a UM hit-and-run claim, even if you have witnesses. This only pays up to your policy limit, and California’s minimum is $30,000 per person, which may not cover the full cost of a serious cycling injury.
Requirements for injured cyclists
The statute of limitations for a personal injury lawsuit in California is two years from the date of the accident. To preserve your case within this window, your original complaint must use the John Doe designation and explicitly state that you do not know the identity of the at-fault driver.
Separate from the lawsuit, UM claims carry their own deadlines. California law generally requires you to report a hit-and-run accident to law enforcement within 24 hours and submit your case to your insurer within 30 days, along with a statement under oath describing the facts.
If you do not carry an auto insurance policy, and do not live with a household member who does, you might have fewer available options. UM coverage applies to the policyholder rather than the bicycle, so without an auto policy this route is generally unavailable. Other avenues, such as the California Victim Compensation Board, may provide limited assistance.
