Getting into a car accident is difficult, but a hit-and-run accident has problems. Imagine that after an accident, you find yourself injured, cannot work, and dealing with property damage. You need help. Who is responsible for paying for your damages and other losses? Contact an experienced hit-and-run accident attorney to learn more about your legal rights and options after a hit-and-run accident.
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What Is a Hit-And-Run Accident?
A hit-and-run accident happens when a driver hits a vehicle and leaves the scene of the crash. In most states, leaving the scene of a car accident without exchanging the information required by state law is a criminal offense.
Some states distinguish between hit-and-run accidents that cause bodily injury and ones that only cause property damage. Discussing every detail of the accident with your attorney is important to ensure you receive justice.
How Common Are Hit-And-Run Accidents?
Unfortunately, hit-and-run accidents are a common occurrence across the United States. According to the AAA Foundation for Traffic Safety, the number of hit-and-run accidents, including fatal crashes, steadily increases. A person dies in a hit-and-run accident nationwide every 43 seconds. Hundreds of thousands of people have lost their lives in hit-and-run accidents over the past ten years.
Why Do People Leave The Scene Of An Accident?
Drivers leave the scene of a traffic accident for many reasons. Despite leaving an accident scene as a criminal offense, some drivers leave for the following reasons.
- Driving under the influence of drugs or alcohol
- Driving without insurance or adequate insurance
- Traffic violations like speeding or running a red light
No matter why the driver leaves the scene, you deserve compensation. Contact an attorney to learn about your options for financial recovery after a hit-and-run accident.
Unique Challenges In Hit-And-Run Accidents
Hit-and-run accidents come with their own set of unique challenges. Because finding the at-fault driver in a hit-and-run case is hard, you need to work with an attorney to learn more about your options after a crash. The following are the most unique challenges in a hit-and-run accident.
Collecting Proper Documentation
It might be hard to document evidence after a hit-and-run accident. However, you should remember to record all medical records and communications related to the accident.
Insufficient Driver Information
The inability to collect sufficient information about the other driver can hinder a hit-and-run case. Information is important, especially when identifying the driver, such as name, insurance, and plate information. An attorney will gather all available information after a hit-and-run accident.
Identifying The Driver
An unidentified driver can hold up the settlement process for a hit-and-run accident. Without knowing who the driver is, pursuing compensation can be difficult.
Insurance Complications And Proof of Loss
Insurance companies may require extensive documentation and proof of damage or injuries. Demonstrating the extent of the damage without the driver's information can be challenging.
Delayed Recovery
Not identifying the hit-and-run driver can delay your physical recovery. Often, accident victims rely on the at-fault driver’s insurance to pay for their medical bills. Paying for your medical expenses without compensation can lead to significant financial strain.
Similarly, paying for property damage can be difficult without first identifying the hit-and-run driver. Repairing or replacing your vehicle might be delayed if insurance claims are contested or proving the damage's extent is difficult.
Legal Challenges
There are particular legal challenges that hit-and-run accident victims face. It is hard to sue a driver that you cannot find. If you identify the driver, pursuing a lawsuit might still be challenging if they have insufficient insurance or assets. Negotiating a settlement with the at-fault driver’s insurance companies can be more complicated if the other driver leaves the accident scene. You can end up relying on your insurance coverage.
Emotional And Psychological Impact
Not knowing who caused your accident can come with stress, anxiety, and trauma. The uncertainty of not knowing who caused the accident can add to the stress and anxiety that you feel and increase the trauma of an already difficult situation. The nature of a hit-and-run accident can be particularly distressing, especially if it involves serious injuries or fatalities.
Witness And Evidence Limitations
A hit-and-run accident can lead to witness and evidence limitations. Remember, you are working with far less information after a hit-and-run accident. Working with an attorney is the best way to get the financial recovery you deserve after an accident.
Gathering evidence without knowing the identity of the responsible party can be challenging, especially if there is no surveillance footage or other evidence.
Investigative Hurdles
Even with an attorney and the police looking for the at-fault driver, an unidentified driver makes an accident investigation exceptionally difficult. This is one major reason that hit-and-run accidents can be frustrating.
You should work with an attorney to learn more about your legal rights and options after a hit-and-run accident. You do not need to pursue compensation for your losses alone. Contact a hit-and-run accident attorney to start your journey toward compensation.
Determining Who Pays For My Damages After a Hit-And-Run Accident
Finding the responsible party or parties after a hit-and-run accident is important. An attorney can ensure you receive the financial recovery you deserve. Here is a look at who can pay for your damages after a hit-and-run accident.
Your Insurance Policy
Your insurance policy might cover your losses under certain circumstances. What your insurance company will cover heavily depends on the other driver’s insurance coverage.
Underinsured Motorist Coverage
Underinsured motorist coverage applies to accidents where the at-fault driver is not adequately insured. For example, your underinsured motorist policy might cover payment for your injuries if the at-fault driver’s insurance policy limits are $25,000 and your damages exceed that amount.
Uninsured Motorist Coverage
Your insurance policy might cover uninsured motorists. Although every state requires car insurance, some drivers hit the road without it. Uninsured motorist coverage fills in the gap if an uninsured motorist hits you.
Personal Injury Protection and Medical Payment Coverage
These types of insurance coverage can pay for medical expenses and lost earnings, in some cases, that result from the accident regardless of fault.
Understanding the different aspects of insurance coverage can be complicated. Even your insurance company can place hurdles to recovery in your way, especially for a hit-and-run accident. Contact a lawyer to learn the best next steps after an accident where the driver left the scene. You deserve compensation. Speak to a lawyer today.
Health Insurance
Your health insurance policy might pay for your damages in certain circumstances. This payment is separate from your car insurance policy. Your health insurance may cover your medical expenses for treating injuries related to the accident. An attorney can guide you on accessing your health insurance benefits to cover your accident-related injuries.
Legal Action
An attorney can file an insurance claim or a lawsuit against the at-fault driver in the accident. The ability to sue often depends on locating the driver and determining whether they have the financial resources to cover your damages. Taking legal action can feel overwhelming or intimidating, but hiring an attorney is the best way to ensure that you are paid what you deserve after a hit-and-run accident.
State Insurance Programs
Funds from a state insurance program might be available if no other resources are available to pay for your losses after a hit-and-run accident. These funds cover medical expenses, lost income, and property damages. Eligibility and coverage details vary by state.
What Should I Do After a Hit-And-Run Accident?
The steps that you take after any accident are important to the financial recovery that you might receive. Consider doing the following in the aftermath of a hit-and-run accident case.
Report The Accident
Make sure to report the accident to the police. Some states require that people involved in car accidents make a report to the police within a set amount of time, so the sooner you make the report, the better. Police reports are an important part of the accident investigation. Insurance companies use accident reports to determine the fault. Police reports can provide you and your attorney with valuable information regarding the cause of the crash.
Contact Your Insurance Company
The terms of your car insurance policy might require you to immediately report an accident. While making your report as soon as possible is important, speak to an attorney first to protect your legal interests after a crash.
Document The Incident
There are essential pieces of evidence that should be collected, especially after a hit-and-run accident. Gathering evidence in a hit-and-run car crash can put you closer to a full financial recovery.
Consult An Attorney
You need to speak to an attorney whenever you have a legal issue. An attorney’s help is beneficial if you face complications with your insurance claim or need legal assistance. An attorney will give you advice about the best actions to take after getting hurt in a hit-and-run accident.
The steps above can ensure you get the compensation you deserve after an accident. Contact a hit-and-run accident attorney to start your journey to full financial compensation.
Damages Available In a Hit-And-Run Accident
Hit-and-run accident victims might receive compensation for various damages, which can be economic or non-economic. The following sections detail the specific types of losses you can claim.
Economic Damages
Economic losses are usually easily identifiable. These losses are compensable for the victim. Examples of economic losses can include the following.
- Current and future medical expenses
- Cost of rehabilitation, physical therapy, and medical equipment
- Current and future lost income and lost earning capacity
- Property damage
Non-Economic Damages
Non-economic damages include intangible losses related to the accident. These types of losses are not always immediately apparent or easily identified. Consulting an attorney is the best way to ensure you receive full compensation after a hit-and-run accident. Common examples of non-economic losses include the following.
- Embarrassment
- Inconvenience
- Loss of enjoyment of life
- Reduced quality of life
- Disability
Punitive Damages
Punitive damages are available in a limited amount of cases. Courts only award punitive damages when the defendant’s behavior is outrageous, but they do not compensate the victim. The availability of punitive damages varies by jurisdiction and varies based on state law. Contact an attorney to discuss the availability of punitive damages as a part of your overall compensation package.
Legal Implications of Hit-And-Run Accidents
There are both civil and criminal legal implications of hit-and-run accidents. As an accident victim, you need to ensure that you pursue justice for both aspects. The criminal justice system addresses the at-fault driver’s unlawful behavior, potentially leading to criminal charges and penalties. Simultaneously, the civil legal process allows you to seek compensation for your damages, including medical expenses, property damage, and pain and suffering. Working with an experienced attorney ensures you navigate these parallel legal avenues effectively and receive comprehensive justice and compensation for your losses.
Criminal Implications
A hit-and-run driver might face criminal liability for leaving the scene of an accident. If you discover a hit-and-run driver, they might face serious fallout. Depending on state law, the hit-and-run driver might face penalties, including fines, a suspended license, jail time, and a felony or misdemeanor conviction.
Civil Implications
There are also civil implications for hit-and-run drivers. If you identify the hit-and-run driver, you can pursue a civil lawsuit to recover damages for medical expenses, property damage, lost income, and other financial and emotional losses. A successful lawsuit can provide compensation beyond what insurance might cover, addressing the accident's immediate and long-term impacts.
Contact a Hit-And-Run Accident Attorney Today!
Hit-and-run accidents are among the most frustrating types of car crashes due to the added stress of dealing with an unidentified or fleeing driver. Victims of these accidents deserve to recover compensation for their medical expenses, property damage, lost income, and emotional distress. Contact an experienced attorney immediately to explore your legal rights and options and pursue compensation from insurance companies or through a lawsuit. A personal injury attorney can help ensure you receive the full compensation you are entitled to while focusing on your recovery.