Recovering compensation in a hit-and-run case can be challenging, but is often achievable when using the right process. A hit-and-run accident is one in which a driver causes a collision and then leaves the scene without providing contact or insurance information, as legally required. Victims of these accidents may face significant medical bills, property damage, and emotional distress, and they have several legal avenues to explore for compensation. Success in recovering compensation from a hit-and-run driver depends on various factors, such as whether the at-fault driver is found, the availability of uninsured motorist (UM) coverage, and the laws of the state where the accident occurred.
Identifying the At-Fault Driver
The ideal situation for recovering compensation after a hit-and-run is identifying the driver responsible for the accident. Once the driver is found, the victim can pursue a claim through the at-fault driver’s insurance policy. In cases where the driver was intoxicated, reckless, or otherwise grossly negligent, punitive damages might also be awarded in addition to compensatory damages for medical expenses, lost wages, pain and suffering, and property damage.
Law enforcement and personal injury attorneys often work together to identify the driver. Police reports, eyewitness statements, traffic camera footage, and vehicle debris from the accident scene can all aid in finding the fleeing driver. Additionally, some states have Crime Stoppers programs or other incentives to encourage people to come forward with information about hit-and-run drivers.
Uninsured Motorist (UM) Coverage
If the hit-and-run driver cannot be identified, victims can turn to their own auto insurance policy, specifically through their uninsured motorist (UM) coverage. This type of insurance is designed to protect drivers who are injured by someone without insurance or, as in hit-and-run cases, by a driver who cannot be identified. UM coverage can help recover compensation for medical bills, lost wages, and pain and suffering, similar to what would be recoverable from the at-fault driver’s insurance policy.
It is important to note that not all states require drivers to carry UM coverage, so victims without this protection may be limited in their recovery options. However, in states that do require UM coverage, or in cases where drivers have opted into this coverage, it becomes an essential resource in hit-and-run situations.
Medical Payments (MedPay) Coverage
Some auto insurance policies include MedPay coverage, which can provide immediate financial assistance for medical expenses regardless of who was at fault in the accident. MedPay is a no-fault coverage that allows victims to recover medical expenses from their own insurer after an accident. While MedPay may not cover non-medical damages like lost wages or pain and suffering, it can help alleviate the financial burden of medical bills in the immediate aftermath of a hit-and-run.
Legal Action and Compensation
In hit-and-run cases where the driver remains unidentified and insurance options are limited, victims can still seek compensation through legal means. Depending on the state, victims may be able to file a lawsuit against their own insurance company if they have UM coverage, alleging that the insurer is not paying out what is owed under the policy. Alternatively, some states have victims’ compensation funds that offer financial assistance to people injured by criminal acts, including hit-and-run accidents.
The statute of limitations for filing a personal injury lawsuit varies by state, but it is typically one to three years from the date of the accident. Consulting a personal injury attorney early in the process can help victims understand their rights, explore all potential compensation options, and ensure that they meet all filing deadlines.
Preventative Measures
While it is impossible to prevent every hit-and-run accident, drivers can protect themselves by investing in insurance policies that include UM and MedPay coverage. Keeping dash cameras in vehicles can also provide valuable evidence if a hit-and-run occurs, helping police track down the responsible party or providing proof for an insurance claim.
Recovering compensation after a hit-and-run accident often involves identifying the at-fault driver, relying on UM and MedPay insurance coverage, and, in some cases, pursuing legal action. Given the complexity of these cases, seeking legal counsel is often a critical step in ensuring that victims receive the compensation they deserve.
At Barber & Associates, we work with victims of all types of accidents to help them recover the compensation due to them. Give us a call today to discuss your case.