You get rear-ended while sitting at a red light, and the driver flees the scene. Your car is wrecked, your back hurts, and the person who did it is gone. What do you do?
Unfortunately, hit-and-run accidents happen every day in America. The AAA Foundation for Traffic Safety states there were more than 700,000 hit-and-runs in the US by the 2010s. Usually, you would file a claim with the at-fault driver’s auto insurance policy. But what would you do if they left the scene? How do you get compensation for your losses and injuries?
There are many possibilities that an experienced auto accident attorney can review with you. Learn about hit-and-run actions below, then contact a dedicated car accident attorney for more information.
Drivers Have Legal Obligations After An Auto Accident
Every state has laws that require drivers to take certain actions after an auto accident involving damages or injuries. These laws typically state that:
- Each driver involved in a crash with damages or injuries must stop at the scene.
- The drivers must provide the other parties with their names and contact information.
- The drivers must give their driver’s license and insurance information if asked for them.
In some states, drivers must also help injured parties and call for an ambulance. In every state, leaving the scene of a car accident without identifying yourself is a separate crime. The at-fault driver can be criminally charged, and the accident victim can sue for damages if the hit-and-run driver is found.
Any criminal charge against the hit-and-run driver is separate from any civil claims filed by injured accident victims. However, it doesn’t matter if the liable driver is charged with a crime or how that case is resolved. You may still have the right to file a claim for damages against the at-fault driver.
Why Do People Hit And Run?
Thousands of hit-and-run crashes happen across the country annually. Hit-and-run crashes have major consequences not just for the injured person but for other drivers and passengers, too. These accidents are frustrating and problematic for injured parties because they may be unable to obtain adequate compensation for their injuries and other losses. Other avenues for compensation exist, but not in every case. However, a car accident attorney can assist with your hit-and-run claim and pursue every option for compensation for your losses.
Every crash is different, but hit-and-run accidents are unique because the at-fault driver leaves the scene. Some of the reasons people flee accident scenes include:
- They may be drunk and afraid of being arrested.
- They may have fallen asleep behind the wheel.
- They may not have auto insurance or possess an invalid driver’s license.
- The driver may be on probation or parole.
- The driver could have a warrant out for their arrest.
- They may have a criminal conviction already and fear jail.
- The accident involved a pedestrian with severe injuries.
Regardless of the reason, hit-and-run is illegal, and the at-fault driver can be charged with a crime. You also can be owed damages. However, the initial challenge is locating the fleeing driver.
Fault In Car Accidents Affect Who Pays
In most states, including Florida, the driver at fault for the accident may be held responsible for paying the victim’s damages. After Florida's mandatory Personal Injury Protection (PIP) coverage is exhausted, an injured accident victim can pursue the liable driver for further compensation. Thus, the driver who injured you or damaged your vehicle may have to pay, usually through their auto insurance.
However, in a hit-and-run accident, the other driver may be unknown. So, you cannot initially file a claim against the liable driver’s policy.
How to Find the Driver Who Injured You
First, know that many hit-and-run drivers are eventually found. The police, an attorney, or someone else investigating the crash may find evidence to locate the liable driver. Some hit-and-run drivers are located by:
- A crash eyewitness reported the license plate and vehicle description.
- The auto accident was captured on a traffic surveillance camera.
- Another car at the scene had a dash cam.
- An auto collision shop recognizes a damaged vehicle in their lot from a police report.
- An auto accident attorney works with the police to find the driver in your case.
If someone can identify the hit-and-run driver, it’s possible to file a claim on the driver’s policy. You can also file a lawsuit against the driver for your medical bills, lost income, and pain and suffering.
Suppose the at-fault driver isn’t found initially but is located after one or two months. You may have already filed a claim with your auto insurance. Your insurance company can seek reimbursement from the other driver’s insurance policy once they are identified.
Uninsured Driver Coverage Can Pay For Your Damages
Every state requires drivers to have auto insurance, but not all drivers follow the law. Some estimates claim approximately 15 percent of all US drivers don’t have car insurance but drive anyway. That is why carrying an uninsured/underinsured (UM/UIM) policy is so important.
Florida's UM/UIM coverage on your auto insurance can cover medical bills, lost income, and property damage up to policy limits. The policy also may cover anyone driving or in the vehicle when the accident happened.
You can purchase varying amounts of uninsured driver coverage. Many people buy minimum insurance that pays for $10,000 per injury victim or $20,000 per accident. You may want to pay for more coverage because a few days in the hospital can cost tens of thousands of dollars.
Collision Coverage After A Car Accident
Collision auto insurance pays for vehicle damage up to policy limits, regardless of fault. If a hit-and-run driver totaled your car, you can file a claim on your collision insurance. If the other driver is found, your insurance company will likely subrogate the claim and seek reimbursement from the other insurance company.
You will probably have to pay your deductible for collision coverage. Most people have a deductible between $500 and $2,000. You can recover your deductible if the hit-and-run driver is identified.
Uninsured Driver Claims Can Be Difficult
You may assume that an uninsured driver liability claim for a hit-and-run accident will be easy. After all, it’s your insurance policy. However, your auto insurance company may not be on your side like you think. You will still need to show proof of the accident and that someone else caused it. You will also need to prove the severity of your injuries.
A skilled car accident attorney can handle your hit-and-run case and deal with your insurance company on your behalf. They can oversee the UM/UIM claim and ensure you receive fair compensation for your losses. They can also review your other insurance, such as collision coverage or health insurance, and try to get as much of your damages covered as possible.
Will A Hit-And-Run Claim Affect My Rates?
Filing a claim with your insurance company where you weren’t at fault shouldn’t affect your insurance rates. However, if you have had previous at-fault claims, you might see an increase in premiums in some cases.
You should speak to your auto accident attorney if insurance rates are unfairly increased after a non-fault accident claim.
What Are Potential Hit-And-Run Claim Damages?
In some cases, the police find the hit-and-run driver. Unfortunately, if the driver isn’t located, there is no defendant to file a claim against or sue. However, as stated earlier, you may still receive compensation from your auto policy or health insurance. Depending on the case and whether the liable driver is found, you can request the following damages for your injuries:
- Past and future medical expenses. Severe injuries with temporary or permanent disability may entitle you to medical care expenses in the future.
- Past and future lost income. You can also receive lost future income and lost earning capacity for a severe injury. An experienced auto accident lawyer can estimate and negotiate for future lost income and lost ability to earn a living.
- Pain and suffering. You can receive money for your physical pain and suffering from the injuries and treatments.
- Mental anguish: Severe injuries with physical pain and limitations may entitle you to payment for your mental and emotional trauma.
- Reduced quality of life: This may be paid if you have a severe injury that limits you physically.
Statute Of Limitations For A Personal Injury Claim
Every state has a statute of limitations for filing a personal injury claim. The limit in your state can be between one and four years. In Florida, for example, the deadline to file a personal injury lawsuit is two years from the date of the incident that caused the injury.
The statute of limitations can come into play in a hit-and-run case. It’s possible that the driver will eventually be found, but it can be outside your state’s time limit for filing a lawsuit. If the driver leaves the state, later returns, and can be located, the statute of limitations might be extended. Talk to an injury lawyer to know for sure.
Should You Hire A Hit-And-Run Attorney?
If your auto accident involves severe injuries and property damages, it is in your best interest to hire a hit-and-run lawyer. You will need legal protection and guidance to file an accident claim against the driver or on your policy.
Keep in mind that any criminal case that is filed against the hit-and-run driver is separate. You can still sue the driver if you find them, regardless of any criminal charges that are pending or resolved against them. You don’t have to wait for a criminal case to be started or concluded to file your lawsuit.
What Is A Hit-And-Run Claim Worth?
Like any auto accident case, a hit-and-run claim can be worth varying amounts. Two drivers in similar types of accidents can have almost the same injuries, but how much it affects them can be dramatically different. For example, a lower back injury, such as a ruptured disc, may affect an older driver more than a younger one who recovers faster. Thus, the younger driver’s case might be worth less. That said, the case value might be higher in some instances because a younger driver has a greater potential for lost future income.
The following factors may influence the value of your hit-and-run claim:
- Is the liable driver found? Some hit-and-run drivers are never identified. You can’t file a claim against them if you don’t know who they are. You may have other avenues to file a claim, such as your uninsured driver coverage, but this can affect the case value. Some drivers don’t carry uninsured driver coverage, though.
- How severe are your injuries? If you have a severe or permanent injury, your case is probably worth more than a broken wrist that heals in two months. Long-term injuries require hospitalization, surgery, rehabilitation, etc. Severe injuries that are worth more may include brain damage, spinal cord injuries, and severe burns.
- What are your financial losses? A severe injury may entail large medical bills, lost income, and pain and suffering. This severe injury claim will be worth more than a case where the victim only sprained their ankle. A minor injury has fewer medical bills, lost income, and physical suffering.
- Are there extenuating circumstances? A hit-and-run case may involve extenuating factors that can affect compensation. If the driver is found to be drunk, a jury may award punitive damages to punish the driver's behavior.
Work with a car accident attorney who will review the details of the accident and your injuries to prepare a fair settlement demand for your losses. Your attorney will have a more precise idea of your claim’s full value than you probably do. So, always have an auto accident lawyer review your case during a free consulation.
Speak To A Hit-and-Run Accident Attorney Today
Being injured in a hit-and-run accident is incredibly upsetting because you don’t know who will pay for your injuries and other damages. The good news is that a dedicated car accident lawyer can review your case for free to determine your legal options. You still may receive compensation even if the other driver isn’t identified.
Speak to a car accident attorney in your area today for more information. Your hit-and-run accident attorney is paid by contingency agreement, so you don’t pay lawyer's fees out of your pocket. There are no legal fees unless your attorney wins your case.
Being involved in a hit-and-run accident can be frustrating and confusing. The first step towards finding answers and peace of mind is meeting with a personal injury attorney. Don’t delay, call today.