Who Pays for My Damages and Injuries in a Hit-and-Run Accident?
If you suffered injuries in a hit-mand-run crash, you can file an uninsured motorist (UM) claim with your own insurance company that will cover your damages and injuries. Filing a UM claim can be complicated, but a personal injury lawyer skilled in hit-and-runs will handle the entire process for you.
First, an attorney will review your insurance policy to confirm you have UM coverage. Then, they will gather necessary evidence, such as the police report, medical records, and proof of damages, to build a strong case. They will communicate with your insurance company on your behalf, ensuring that your claim is processed fairly. If the insurer denies or undervalues your claim, your injury lawyer can negotiate for a better settlement or file a lawsuit.
With a knowledgeable car accident attorney on your side, you can focus on your recovery while they work to secure the compensation you deserve.
Types of Hit-and-Run Driver Negligence
Hit-and-run drivers display various types of negligence that contribute to accidents, often leading to serious harm to other individuals involved. These negligent behaviors are not only illegal but also show a disregard for the safety and well-being of others on the road. The primary forms of negligence include failing to stop after an accident, driving under the influence, reckless driving, and poor decision-making.
- One of the most common forms of negligence is the failure to stop after an accident. When a driver causes a collision, they are legally required to stop, check for injuries, and exchange information with the other parties involved. However, many hit-and-run drivers choose to flee the scene, avoiding responsibility and making it harder for authorities to investigate the crash. This delay in addressing the accident can worsen the situation, especially if victims suffer an injury and are unable to receive timely medical help. The decision to leave the scene is a blatant act of negligence that exacerbates the consequences of the crash.
- Another type of negligence that often leads to hit-and-run accidents is driving while under the influence of alcohol or drugs. Impaired drivers have slower reaction times, diminished judgment, and an inability to fully assess the risks around them. When these drivers cause an accident, they may panic and flee, avoiding the legal consequences of their actions. This reckless behavior prevents law enforcement from properly investigating the crash, which can delay the identification of the responsible party and put other drivers and pedestrians at risk.
- Reckless driving is also a major form of negligence seen in hit-and-run cases. Speeding, tailgating, and aggressive lane changes are common reckless behaviors that can easily lead to accidents. When drivers engage in these dangerous actions and then leave the scene, they not only evade responsibility but also create a more hazardous environment for other road users.
- Lastly, hit-and-run drivers may exhibit poor decision-making, especially in high-pressure or stressful situations. In the heat of the moment, some drivers panic and flee rather than stay to face the consequences. This impulsive behavior leads to even more danger on the road, as victims are left without help, and investigators are unable to assess the full scope of the crash.
Injuries in Hit-and-Run Crashes
Victims of hit-and-run accidents often suffer a wide range of injuries, some of which can be life-threatening or lead to long-term complications. These injuries vary depending on the nature of the crash, the speeds of the vehicles involved, and the circumstances surrounding the accident. However, several types of injuries are particularly common among victims of hit-and-run accidents.
One of the most frequent injuries in hit-and-run accidents is whiplash, which occurs when the head is suddenly jerked forward and backward during a collision. This can cause strain on the neck muscles, ligaments, and tendons, leading to pain, stiffness, and limited mobility. In more severe cases, whiplash can result in chronic pain and long-lasting neck problems. Because the driver flees the scene, victims may not immediately realize the full extent of their injuries, and whiplash can sometimes go undiagnosed until symptoms worsen.
Broken bones and fractures are also common in hit-and-run accidents – especially when the crash is particularly violent or involves pedestrians. Victims may suffer fractures to their arms, ribs, or legs, which can require long periods of recovery, surgery, and physical therapy. A broken bone may also lead to permanent disability or long-term pain, particularly if the victim does not receive immediate medical attention.
Traumatic brain injuries (TBIs) are another serious concern in hit-and-run accidents, especially in cases involving high-speed collisions. A TBI occurs when a blow to the head causes damage to the brain, which can lead to symptoms such as confusion, dizziness, memory loss, and, in severe cases, loss of consciousness or coma. TBIs may also have lasting effects, including cognitive impairments, emotional changes, and physical disabilities. The fleeing driver’s decision to leave the scene of the accident can prevent victims from receiving timely treatment, potentially exacerbating the severity of a TBI.
Internal injuries, such as damage to the organs or internal bleeding, are also common in serious accidents. These injuries are sometimes not immediately apparent, which makes them even more dangerous. Without proper medical attention, internal injuries can lead to life-threatening complications.
Finally, psychological injuries, such as anxiety, depression, or post-traumatic stress disorder (PTSD), can result from the trauma of being involved in a hit-and-run crash. Victims may experience emotional distress from both the accident itself and the added frustration of not knowing who caused the crash. These psychological effects can last long after the victim’s physical injuries have healed.
Filing an Uninsured Motorist Claim or Lawsuit
Filing an uninsured motorist claim after a hit-and-run accident can be a complicated and stressful process, but it’s an important step in securing compensation for your injuries and damages. Since the driver who caused the accident is unknown or has no insurance, your own insurance policy may be the only way to recover damages.
First, it’s important to report the hit-and-run accident to the police immediately and obtain a copy of the police report. This report will document key details about the accident and may provide valuable evidence for your case, even if the at-fault driver cannot be identified. Be sure to collect as much information as possible from the scene, such as the make, model, and color of the vehicle or any possible witnesses.
Next, you will need to file a claim with your own insurance company, specifically your uninsured motorist (UM) coverage. UM coverage is designed to protect you in situations where the responsible driver is either uninsured or cannot be identified, such as in hit-and-run accidents. However, insurers can be difficult to work with, often attempting to minimize payouts or deny claims altogether. This is where an experienced attorney can be invaluable.
A skilled attorney will first review your insurance policy to ensure that your UM coverage applies to the accident. They will gather all of the necessary documentation, including the police report, medical records, and evidence of the damages you sustained, to support your claim. Your attorney can also communicate directly with your insurance company to ensure they process your claim fairly and in a timely manner. If the insurer tries to deny or undervalue your claim, your attorney can negotiate on your behalf to secure a fair settlement.
In some cases, your attorney may need to file a lawsuit if the insurance company refuses to offer you a reasonable settlement. They will prepare a strong case based on the evidence and may take the case to court if necessary. Having a lawyer with experience in hit-and-run cases ensures that you are fully supported throughout the process and increases your chances of receiving the compensation you deserve for medical bills, lost income, and pain and suffering.
Successfully Proving an Uninsured Motorist Claim
In a hit-and-run accident case, filing a UM claim can be complicated, but understanding the legal elements you need to prove can strengthen your case. In general, there are four main elements that must be established to successfully make a UM claim: liability, coverage, damages, and the unidentified driver.
The first element is proving that the other driver is liable for the accident. In a hit-and-run case, this means showing that the unknown driver was at fault. Since the driver fled the scene, it can be difficult to identify the responsible party directly. However, you can establish liability by providing evidence such as the police report, eyewitness testimony, or security camera footage from the scene that supports your version of events. If you didn’t see the driver, details like tire marks, vehicle debris, or the direction of travel can provide clues about how the accident occurred. A skilled attorney can gather and present this evidence to prove that the hit-and-run driver was responsible.
You must also establish that you have UM coverage under your own insurance policy. UM coverage is designed to protect you if you’re involved in an accident with a driver who either doesn’t have insurance or is unidentified, as in a hit-and-run. To prove this element, you need to show that your insurance policy includes UM coverage and that it applies to your specific situation. An attorney will review your policy to confirm that you have the proper coverage and that it covers the type of accident you’re dealing with.
Next, you need to prove that you suffered damages as a direct result of the hit-and-run accident. Damages can include medical expenses, lost income, property damage, and pain and suffering. To prove this element, you’ll need to present medical records, bills, pay stubs showing lost income, repair estimates for your vehicle, and any documentation supporting your claim of pain and suffering. A hit-and-run lawyer can gather and organize these documents to clearly show the effect the accident has had on your life.
Finally, you need to show that the driver who caused the accident is unidentified. Since the other driver left the scene, you must demonstrate that the hit-and-run driver could not be found or identified. The police report, along with any efforts made to locate the driver (such as public appeals or investigation by authorities), can establish this element.
An attorney can guide you throughout the process, ensuring that all of the necessary evidence is gathered and presented to support your claim.
Types of Damages in an Uninsured Motorist Claim or Lawsuit
In a hit-and-run accident case involving an uninsured motorist claim or lawsuit, there are several types of damages you can recover. These damages are intended to compensate you for the financial losses, physical pain, and emotional suffering resulting from the accident. The most common types of damages in such cases include medical expenses, lost income, property damage, pain and suffering, and sometimes punitive damages.
Medical expenses include the costs of emergency care, hospital stays, surgeries, medications, physical therapy, and any future medical treatments related to the accident. If the injuries are severe, the cost of long-term care or rehabilitation may also be included. Your hit and run accident attorney will gather medical records, bills, and expert testimony to ensure that all of your medical expenses are covered through your UM claim or lawsuit.
If your injuries from the hit-and-run accident cause you to miss work, you can recover damages for lost income. This includes both the income you lost immediately after the accident and any future income you may lose if your injuries prevent you from returning to work or performing your job duties. This type of damage is especially important if the accident results in a long-term or permanent disability. Your injury attorney can calculate the amount of lost income by reviewing your pay stubs, tax records, and any statements from your employer.
Property damage is another common type of damage in a hit-and-run accident case. This typically involves the cost of repairing or replacing your vehicle if it was damaged in the accident. If the hit-and-run driver caused significant damage to your car or other property, your UM insurance should cover these costs, provided you have the appropriate coverage.
Pain and suffering damages compensate you for the physical pain, emotional distress, and lost quality of life resulting from the accident. This can include chronic pain, anxiety, depression, and emotional trauma following the crash. Calculating pain and suffering is more subjective, and an attorney can work with medical experts and psychologists to evaluate the effects of the accident on your life.
In some cases, if the at-fault driver’s actions were especially reckless or malicious (for example, fleeing the scene while impaired), you can recover punitive damages. These damages are necessary to punish the wrongdoer and deter others from similar behavior. However, punitive damages are not awarded in every case.
Call an Experienced Motor Vehicle Accident Attorney Right Away
If you sustained injuries in a motor vehicle crash that a hit-and-run driver caused, you may be eligible for various damages. A skilled personal injury lawyer will promptly evaluate your claim, take the appropriate legal steps on your behalf, and pursue the compensation you need.