It’s deeply frustrating when another driver flees the scene of a collision without providing contact information or waiting for authorities to arrive. Hitting and running is more than just an ethical lapse—it also makes it harder to recover fair compensation for your medical bills, lost income, and other effects from the collision.
The hit-and-run accident attorneys at Hale & Monico understand how frustrated you must feel if this happened to you, and we want to help you get the money you need to move on with your life. Regardless of whether the police catch the other driver, we can explain your options, document all your losses from the accident, and pursue every avenue available to you for securing compensation. Our car accident lawyers have recovered millions in verdicts and settlements for our clients, and we never charge any fees unless we win. Call us today or complete our contact form for a free consultation.
Drivers’ Duties After a Hit-and-Run Accident
While states have their individual laws regarding what drivers must do after a collision, these laws tend to follow similar principles. In general, any driver involved in a crash with injuries or property damage must:
- Stop their car as close to the scene as possible without obstructing traffic.
- Check on the other drivers and passengers involved in the collision to see if they need medical attention.
- Summon emergency medical responders for anyone who needs them.
- Give their name, address, vehicle registration number, and insurance information to all the drivers involved in the crash.
- Report the collision to local law enforcement.
Drivers who don’t meet these requirements could face criminal charges, particularly if they fled the scene of a collision with severe injuries or fatalities. If the police catch a hit-and-run driver who caused a crash, the other involved parties can hold that driver liable for any injuries they suffered because of the driver’s negligence.
What To Do After a Hit-and-Run Accident
The police don’t always catch hit-and-run drivers, so it’s vital to do everything you can to protect your legal rights and avoid the mistakes that could keep you from recovering the money you need. Here’s what to do after a hit-and-run accident to give yourself the best chance of recovering fair compensation:
- Report the accident and stay at the scene – Unless you have life-threatening injuries, it’s crucial to stay at the scene of a hit-and-run until the police arrive. After you call the police, take a moment to take pictures of the scene for later use. Once the police arrive, tell them what happened, including everything you know about the hit-and-run driver and their vehicle. The police will make an accident report, which you’ll likely need when you file a claim with your insurance company.
- Seek medical treatment – After notifying the police about the collision, the next step is to see a doctor immediately. Do so even if you don’t notice any apparent injuries, as you may have suffered injuries whose symptoms you haven’t noticed yet. A thorough medical record is essential for establishing your injuries and the treatment you’ve received for them.
- Save your medical records and receipts – These documents are important for documenting the financial costs of the hit-and-run accident. Make copies of these documents and store them in a safe place for later use.
- Report the accident to your insurance company – Many states, including New York and Illinois, require auto insurance policies to include uninsured motorist coverage. In others, it’s an optional add-on. You can use this coverage to pay for some or all of your losses from a hit-and-run accident. Report the collision to your insurance company as soon as possible, but stick to the basic facts of what happened and don’t speculate about fault. Don’t agree to give a recorded statement without talking to a lawyer first.
- Hire a car accident attorney – Recovering compensation for a hit-and-run accident can be difficult even if the police catch the at-fault driver. While you focus on healing from your injuries, a car accident lawyer can start the insurance claim process and help you maximize your available compensation.
Recovering Compensation After a Hit-and-Run Accident
Your options for recovering compensation after a hit-and-run crash depend on two major factors: Whether the police catch the fleeing driver and what the terms of your insurance policy are. If the police catch an at-fault driver who fled, they or their insurer should be obligated to pay for your medical bills, vehicle damage, lost wages, pain and suffering, and other losses.
If the police can’t catch the fleeing driver, you’ll need to turn to your own insurance for coverage. In no-fault states like New York, drivers must have Personal Injury Protection (PIP) benefits to cover their medical bills and lost income. Many states also require drivers to carry uninsured motorist (UM) coverage, which is an optional add-on in others; this policy will activate in the event that the at-fault driver flees the scene. Other add-ons like collision or medical payments (“medpay”) insurance could also provide coverage. Check the terms of your policy if you’re not sure what coverage you have. Better yet, consult an experienced hit-and-run accident lawyer for help.
Deadline to File a Hit-and-Run Accident Lawsuit
If the at-fault driver is apprehended, you can file a lawsuit against them. However, you must do so within your state’s statute of limitations for personal injury cases. The statute of limitations in California and Illinois is two years from the accident date, while New York law gives drivers three years from the accident date to file a lawsuit.
Alternatively, if you go through your own insurance for compensation, the deadlines that apply to your case will depend on the terms of your policy. Talk to a lawyer right away to avoid missing any critical deadlines in your case.
Talk To a Hit-and-Run Accident Lawyer Now
Hurt in a crash caused by a driver who fled the scene? Trust the hit-and-run accident attorneys at Hale & Monico to help you seek the money you need to move forward from this traumatic experience. Call us today or complete our contact form for a free case evaluation.