After a hit-and-run, you will undoubtedly have many questions, the most vital of which is whether you can get compensation without finding the driver. The answer, in short, is yes, but as with most car accident scenarios, it isn’t always easy. To secure the compensation you need to move forward after a hit-and-run, you may need to pursue a few different avenues. Let’s discuss what you need to know about seeking compensation after a hit-and-run accident.
Making Sense of Hit-and-Run Accidents
Hit-and-run accidents are classified as any collision in which the at-fault driver flees the scene without identifying themselves or providing aid. By state and federal law, anyone involved in an accident is required to stop, contact law enforcement, exchange information with the other party, and follow all appropriate legal channels. Leaving an accident scene prematurely can result in criminal charges, especially if the victim suffers serious injuries or is killed in the collision.
Hit-and-run accidents are tragically frequent in the U.S., and it is speculated that this is due to the cost of auto insurance. Many drivers leave the scene because they are uninsured and have no way of paying for the damages they cause. Sadly, this leaves countless victims wondering what their options are for recovering their financial losses. If the driver is found, there are options for seeking compensation, but what happens if the driver can’t be located?
Uninsured/Underinsured Motorist Coverage
In California, UIM coverage is mandatory with any auto insurance policy. However, you may choose to sign a waiver that absolves your insurance provider of any responsibility if you are in an accident with an uninsured driver. UIM coverage is a critical safety net that can protect you in hit-and-run situations if the driver is not found.
Unfortunately, if you need to use your UIM coverage, you will have to face your insurer as they try to mitigate their losses. Despite paying for the additional coverage, your provider may delay your claim or try to find ways to undervalue it. It is common for insurers to scrutinize every aspect of a client’s claim, even if it is entirely within their rights to make the claim.
Furthermore, your UIM coverage may have maximum limits that are not enough to cover all your expenses. If you have lasting disabilities or long-term injuries, your UIM coverage may not be sufficient for extended medical care expenses. You may have additional support through coverage like MedPay and PIP.
MedPay can pay for necessary medical expenses up to your set policy limits. The benefit of MedPay is that it typically doesn’t have a deductible you must first cover, and it often pays out quickly. This easy-to-access coverage provides financial support for emergency and immediate medical expenses that cannot be delayed.
Personal Injury Protection (PIP) offers even broader coverage than MedPay, which generally includes medical expenses, lost wages, and payment for essential services. PIP is mandatory in most no-fault states, but in states like California, where at-fault laws apply, signing up for PIP is voluntary. Health insurance may provide some support in these cases by covering some of your hospital bills and treatment fees.
Be aware that if you utilize your health insurance after a hit-and-run accident, your provider may place a lien against any future compensation you may receive if the driver is found. A lien entitles your provider to reimbursement that will be subtracted from your final settlement or compensation amount.
The Importance of Acting Quickly
After a hit-and-run accident, you must be proactive to improve your chances of recovering compensation. The sooner you follow these steps, the more likely you are to locate the driver and improve your legal options. Immediately following the accident, call 911 and request help. 911 calls are recorded, so provide as much information about the car, the driver, and the license plate number as you can before your memories fade.
You must wait at the scene for the police to arrive. No matter what happens, do not pursue the driver, as it can put you in extreme danger and seriously harm your case. While you wait, gather evidence by taking photos of vehicle damage, the accident scene, and your visible injuries. Look around for potential witnesses who may have seen what happened. Witness testimony can help police identify the driver.
Seek medical attention right away, even if you have no visible injuries or obvious symptoms. Some injuries only become apparent days after an accident, but early evidence of medical treatment is crucial as it connects your injuries to the incident. Many internal injuries can only be felt once shock and adrenaline wear off, so do not go home and go to sleep before speaking to a healthcare professional.
Once a doctor has seen you, contact your insurance provider and notify them of the accident. Do not discuss fault or any details other than explicitly stating that you were in a hit-and-run accident. If they push you to answer detailed questions, you have the right to decline to answer until you have an attorney with you.
Finally, contact an attorney and schedule a meeting to discuss your options. Your car accident attorney will handle all the details of filing a claim, negotiating with your insurer, liaising with the police, gathering evidence, and representing your interests throughout the legal process. You are not legally obligated to hire an attorney, but it does increase your chances of receiving fair compensation.
Protect Your Future After a Hit-and-Run Accident
If you’ve been involved in a hit-and-run accident, contact HHJ Trial Attorneys for expert legal support. We will investigate, pursue compensation, and protect you from bad-faith insurance tactics. Your health and financial well-being are our priorities, and we will use our decades of experience to help you achieve the best outcome possible.
