Being involved in a car accident can be a traumatic experience, but it becomes even more complicated when the other driver flees the scene—committing a hit-and-run. Hit-and-run accidents occur when a driver causes an accident and then leaves without stopping to exchange insurance details or check on the well-being of the individuals involved. If you find yourself in such a situation, it’s crucial to understand your rights and the necessary legal actions you must take.
1. Ensure Safety and Seek Medical Attention
The first thing you need to do after being involved in a hit-and-run accident is to ensure your safety and the safety of others involved. If you’re able, move your vehicle to the side of the road or to a safe location, especially if you’re in a dangerous area like a busy highway. Turn on your hazard lights to alert other drivers.
Once you’re in a safe position, assess whether you or anyone else has been injured. Even if you don’t immediately feel any pain, some injuries like whiplash, concussions, or soft tissue damage may not manifest until hours or days after the accident. Seeking medical attention is critical for your health and for documenting any injuries that could be important in your personal injury claim or hit-and-run lawsuit.
2. Call the Police and File a Report
After ensuring your safety and seeking medical attention if necessary, the next step is to call the police. It is essential to report the hit-and-run to law enforcement as soon as possible. When you contact the police, provide them with all the details you have about the accident, including:
- The location of the accident.
- A description of the fleeing vehicle (make, model, color, license plate number if possible).
- The time of the incident.
- Any other relevant details, such as the behavior of the other driver or the direction they were heading.
Even if the hit-and-run driver has fled the scene, the police can conduct an investigation and, in some cases, find the responsible party. Additionally, filing a police report is essential for your insurance claim and personal injury lawsuit as it provides an official, neutral record of the accident and shows that you took immediate legal action.
3. Gather Evidence and Witness Information
After calling the police, it’s crucial to gather as much evidence as possible. This documentation will be helpful when dealing with insurance companies or if you need to file a personal injury lawsuit. The following steps will help you collect useful information:
- Photographs: Take photos of your vehicle damage, the accident scene, and any visible injuries. Photos can help establish the severity of the accident and provide evidence for your insurance or legal claims.
- Witness Statements: If any witnesses were present at the scene, try to get their contact information and statements. They may have seen the hit-and-run driver or observed other important details that could help identify the at-fault driver.
- Surveillance Footage: In some cases, nearby buildings or traffic cameras might have captured the accident. If you believe video footage could help your case, contact the relevant authorities or businesses to secure the footage before it is erased.
All of this evidence will be critical for building your case, particularly when the responsible driver is unknown. If the driver is eventually identified, this evidence will help establish the facts of the case.
4. Contact Your Insurance Company
Even though the other driver left the scene, it’s still essential to notify your auto insurance company about the hit-and-run accident. Depending on your state’s laws and your insurance coverage, you may be entitled to compensation for damages caused by the accident through your uninsured motorist or underinsured motorist coverage. These policies are specifically designed to protect you in the event of a hit-and-run or when the at-fault driver lacks sufficient insurance.
When you notify your insurer, provide them with the police report, any witness statements, and photos of the accident. If the driver is caught or identified later, the insurance company will use that information to pursue a claim against the responsible party’s insurance company. However, if the driver is not found, your own insurance may cover your vehicle repairs and medical expenses under your collision coverage and personal injury protection (PIP).
5. Understand Your Legal Rights and Options
If you are the victim of a hit-and-run accident, it’s important to understand your legal rights. Even if the responsible driver is never caught, there are legal avenues available to you. Here are your key options:
Uninsured Motorist Coverage
If the driver is never identified or if they do not have insurance, you can file a claim with your own insurance company using your uninsured motorist coverage. This coverage is designed to protect you when the at-fault driver is either unidentifiable or lacks sufficient insurance to cover your damages.
Personal Injury Lawsuit
If the responsible driver is found but refuses to cooperate with the insurance process, or if the insurance settlement is insufficient, you may consider filing a personal injury lawsuit. A personal injury lawyer specializing in hit-and-run accidents can help you pursue a claim against the at-fault driver for compensation related to medical bills, lost wages, pain and suffering, and property damage.
State “Hit-and-Run” Laws
Some states have specific laws in place to protect victims of hit-and-run accidents. These laws may allow victims to seek compensation through a state fund, especially in situations where the responsible driver cannot be located. A personal injury lawyer can advise you on how to navigate these state-specific provisions and help you pursue the compensation you’re entitled to.
6. Consult a Personal Injury Lawyer
Navigating the legal complexities of a hit-and-run accident can be challenging, especially if the driver is never caught. This is where a personal injury lawyer becomes essential. An experienced lawyer can help you:
- Understand the legal process and your rights.
- Assess the extent of your injuries and damages.
- Negotiate with your insurance company to ensure you receive the compensation you deserve.
- Represent you in a personal injury lawsuit if necessary, whether the at-fault driver is found or not.
A personal injury lawyer specializing in hit-and-run cases will know how to handle the complexities involved in dealing with unidentified or uninsured drivers and can help you recover the full value of your claim.
Conclusion
Being involved in a hit-and-run accident can be a stressful and confusing experience. However, by following the steps outlined in this article, you can ensure that your legal rights are protected and take the necessary actions to pursue compensation for your injuries and damages. From reporting the accident to the police and gathering evidence to contacting your insurance company and consulting with a personal injury lawyer, each of these steps is crucial in safeguarding your financial and legal interests. If you’ve been involved in a hit-and-run, don’t hesitate to reach out to a personal injury lawyer who can help you navigate the complexities of your case and secure the compensation you deserve.