Introduction
Hit and run accidents leave victims dealing with injuries while the responsible driver flees the scene. Approximately 737,000 hit and run crashes occur annually in the United States. If you've been injured in a hit and run, you still have options for compensation even if the driver is never identified. Understanding how to pursue these claims is essential for your recovery.
This comprehensive guide covers finding the hit and run driver, pursuing insurance claims when the driver remains unknown, working with police investigations, and maximizing your recovery through available coverage.
Hit and run victims have legal options for compensation. We'll help you understand the process and protect your rights.
Finding the Hit and Run Driver
The first priority is identifying the fleeing driver. Any information about the vehicle helps: make, model, color, partial license plate, damage description, and direction of travel. Document everything you remember immediately.
Witnesses may have seen more than you did, including the license plate or a description of the driver. Get contact information from anyone who witnessed the accident.
Surveillance footage from traffic cameras, businesses, residential security cameras, and dashcams from other vehicles may have captured the incident. Request preservation of this footage immediately before it's overwritten.
Social media can help identify hit and run vehicles. Posts asking for information about the vehicle description may reach someone who recognizes it or knows something about the incident.
Report the hit and run to police immediately. Officers will investigate, check area cameras, and attempt to identify the vehicle. A police report is essential for insurance claims.
Insurance Coverage When Driver Is Unknown
Uninsured motorist (UM) coverage on your own policy provides compensation when the hit and run driver is never identified. This coverage treats the unknown driver as uninsured and pays for your injuries and damages up to your policy limits.
UM coverage is required in some states and optional in others. Check your policy to determine what coverage you have. If you purchased UM coverage, you can file a claim for hit and run injuries.
Medical payments coverage (MedPay) or Personal Injury Protection (PIP) on your policy pays medical expenses regardless of fault. These coverages apply to hit and run injuries without requiring identification of the other driver.
Your collision coverage pays for vehicle damage from a hit and run regardless of whether the other driver is found. You'll pay your deductible, but the damage will be covered.
If the Driver Is Found
When police identify the hit and run driver, you can pursue a claim against their insurance in addition to any UM claims you've filed. Finding the driver typically increases your available compensation.
The hit and run driver faces criminal charges for leaving the scene, which may include evidence of their identity and the accident. Criminal proceedings can provide evidence for your civil claim.
Identified hit and run drivers often face license suspension, which means limited ability to pay judgments. However, their insurance still covers the accident, and UM coverage fills any gaps.
If the driver is identified but uninsured, your UM coverage becomes your primary source of compensation for injuries beyond what you can collect directly from the driver.
Criminal vs. Civil Proceedings
Hit and run is a criminal offense separate from your civil injury claim. The state prosecutes the driver for fleeing, while you pursue compensation through insurance or civil litigation.
Criminal restitution may provide some compensation if the driver is convicted and ordered to pay. However, restitution is often limited and difficult to collect.
The criminal investigation may uncover evidence useful to your civil claim, including witness statements, surveillance footage, and the driver's identity.
Even if criminal charges are dropped or reduced, you can pursue civil claims for your injuries. Civil cases have lower proof standards than criminal prosecutions.
Building Your Case
Document everything immediately after the accident. Write down every detail you remember about the vehicle and driver while your memory is fresh.
Report the hit and run to police right away and get a copy of the police report. This documentation is required for insurance claims.
Seek medical attention promptly and document all injuries. Your injuries occurred regardless of whether the driver is found, and you need medical records for any claim.
Contact your insurance company to report the hit and run and begin the UM or collision claim process. Cooperate with their investigation.
Preserve any evidence you have, including photos of vehicle damage, your injuries, and the accident scene.
Frequently Asked Questions
Conclusion and Next Steps
Hit and run victims have options for compensation even when the driver flees. Your own insurance coverage, particularly UM coverage, provides protection against unidentified hit and run drivers.
The most important steps you can take right now are: document everything you remember about the vehicle, get witness contact information, report to police immediately, seek medical attention, and contact your insurance company to file claims.
If you've been injured in a hit and run, contact a qualified car accident attorney for a free case evaluation. An experienced attorney can help identify the driver, pursue all available insurance coverage, and maximize your recovery whether or not the fleeing driver is ever found.