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Can I File a Personal Injury Lawsuit After a Hit-and-Run Accident?

If you get hurt in a hit-and-run accident in Illinois, you probably want to know who will pay for your injuries. Another common question in this situation is, Can I file a personal injury lawsuit after a hit-and-run accident? You do have several options, depending on the circumstances of your situation. 

Trying to recover your financial losses after being the victim of a hit-and-run accident is tricky, so you will want to work with a Chicago car accident attorney on your case. This blog will discuss some of the options that might be available to you.

Recovering Damages from the Hit-and-Run Driver

If the hit-and-run driver was at fault in the collision and gets identified or turns themselves in voluntarily, you can file a personal injury lawsuit against them, the same as with any other liable driver. Sometimes, people flee an accident scene illegally out of panic and later go to the police after they calm down. 

Other drivers leave the scene illegally because they do not have automobile insurance or fear that they might get arrested for drunk driving, so they hide until they think they can pass a breathalyzer test. Still, others get caught by law enforcement, thanks to quick police work and observant eyewitnesses. The current popularity of security cameras at businesses, homes, and intersections often helps the police catch people who break the law, including hit-and-run drivers.

Regardless of the back story, when the hit-and-run driver gets identified, you can file a personal injury lawsuit against them. Even if they are uninsured, they are legally responsible for the damages they cause when they are at fault in a collision.

Your Uninsured Motorist (UM) Coverage

Illinois requires uninsured motorist coverage (UM), which could be a godsend if you get hit by a driver who does not have car insurance. Uninsured motorist coverage is coverage that is added to your policy to pay some of your losses like medical bills and lost wages in this situation. The details of your UM coverage, like the dollar amount and conditions of your UM benefits, will be in your car insurance policy.

MedPay Coverage on Your Automobile Insurance Policy

Some people buy MedPay coverage on their automobile policies to pay for their own medical bills from a collision. Typically, MedPay coverage can apply regardless of who caused the accident, so it can help after a hit-and-run accident, but you will want to check your policy.

Personal Injury Protection (PIP)

You might have personal injury protection (PIP) on your own automobile policy. If you do, this coverage might help to pay some of your losses, like medical bills and lost wages. PIP coverage is also no-fault protection, meaning that whether you or another party caused the accident that injured you, you might get help with some of your losses if you have PIP on your policy.

Recoverable Damages After a Hit-and-Run Accident in Illinois

If the at-fault party gets identified after a hit-and-run accident, they can get sued for the losses they caused. Common examples of these damages include the following:

  • Lost wages
  • Medical bills
  • Pain and suffering
  • Wrongful death

You can talk to a Chicago personal injury lawyer about your hit-and-run accident injury case. We offer a free initial consultation with no obligation. Contact our office today for help with your case.