Hit and Run Car Accidents

Being involved in a hit and run accident is a frightening and frustrating experience. It’s difficult enough dealing with the aftermath of an accident, but when the at-fault driver flees the scene, it adds a whole new layer of complexity. In this article, we’ll cover what to do if you’re involved in a hit and run accident, how to pursue a claim when the at-fault driver is unidentified, and the legal consequences for drivers who commit hit and run offenses.

What to Do If You’re Involved in a Hit and Run Accident

If you’re the victim of a hit and run accident, it’s important to take immediate action to protect your rights and improve the chances of identifying the fleeing driver. Here’s what to do:

1. Stay Calm and Stay Safe:

Your first priority is your safety and the safety of anyone else involved. If possible, move your vehicle out of traffic to avoid further collisions or injuries. Turn on your hazard lights to alert other drivers.

2. Gather Information:

Even if the other driver fled the scene, any details you can gather may help identify them later. Try to note:

• The make, model, and color of the vehicle
• The license plate number (even a partial number can be useful)
• The direction the vehicle was heading
• Any distinguishing features like bumper stickers, dents, or damage

If there are witnesses, ask for their contact information and see if they can provide additional details about the fleeing vehicle.

3. Document the Scene:

Take photos of the scene, your vehicle’s damage, any skid marks, and relevant road conditions. This visual evidence can be critical in building a claim.

4. Call the Police:

Reporting the accident to the police is crucial, even if the hit and run driver is long gone. The police will create an accident report, which is essential for insurance claims. Be sure to provide them with all the details you collected. Additionally, the police may be able to investigate using traffic cameras, witness statements, and other resources.

5. Seek Medical Attention:

Even if you don’t feel injured immediately, it’s important to seek medical attention. Some injuries, like whiplash or concussions, can take time to show symptoms. Medical records will also be important if you need to file an injury claim.

6. Notify Your Insurance Company:

Contact your insurance company as soon as possible to report the hit and run. Even if the at-fault driver is not identified, you may still be able to recover damages through your own insurance policy.

Pursuing a Claim When the At-Fault Driver is Unidentified

Filing a claim after a hit and run accident can be challenging, especially when the at-fault driver remains unidentified. However, there are several options to pursue compensation:

1. Uninsured Motorist (UM) Coverage:

Uninsured Motorist coverage is designed to protect you in cases like hit and run accidents where the responsible driver is unknown or has no insurance. If you have UM coverage, it can cover:

• Medical expenses
• Lost wages
• Pain and suffering
• Vehicle repairs

In some states, UM coverage is automatically included in car insurance policies, while in others, it’s optional. If you don’t have this coverage, now might be a good time to consider adding it.

2. Collision Coverage:

If you don’t have UM coverage, your collision insurance can cover the cost of repairing your vehicle. However, collision coverage typically only applies to property damage, not medical expenses. Additionally, you’ll have to pay your deductible before insurance covers the rest.

3. Medical Payments (MedPay) or Personal Injury Protection (PIP):

MedPay or PIP coverage can help cover your medical bills, regardless of who is at fault. These coverages are particularly useful in hit and run situations where the at-fault driver is not identified.

4. Relying on Police Investigations:

While it’s not guaranteed, the police may be able to track down the hit and run driver using traffic cameras, eyewitness accounts, or other evidence. If the driver is found, you can pursue a claim against their insurance or even file a lawsuit if necessary.

5. Filing a Lawsuit:

In rare cases where the hit and run driver is identified but doesn’t have insurance or refuses to pay, you may need a car accident lawyer to file a personal injury lawsuit to recover damages. However, this can be a time-consuming and costly process, and recovery is only possible if the driver has assets.

Important Note:

When dealing with a hit and run claim, it’s essential to notify your insurance company quickly and provide them with as much information as possible. Insurance policies often have strict deadlines for reporting accidents, and delaying could jeopardize your ability to recover compensation.

Legal Consequences for Hit and Run Drivers

Hit and run drivers face serious legal consequences if caught. These penalties vary depending on the severity of the accident and whether there were injuries or fatalities involved. Here’s a look at the potential consequences:

1. Criminal Charges:

Hit and run is a criminal offense in all states, with penalties ranging from misdemeanors to felonies depending on the circumstances:

• Misdemeanor Charges: In cases where there is only property damage, the driver may face misdemeanor charges. Penalties typically include fines, probation, community service, and possibly jail time.
• Felony Charges: If the hit and run involves injury or death, the driver will likely face felony charges. Felony hit and run can result in significant fines, loss of driving privileges, and lengthy prison sentences.

For example, in Colorado, a hit and run that results in serious bodily injury is classified as a Class 4 felony, punishable by up to 6 years in prison and fines ranging from $2,000 to $500,000. If the accident results in death, the penalties increase significantly.

2. Civil Liability:

Even if a hit and run driver is criminally prosecuted, they can still be held civilly liable in a personal injury lawsuit. Victims can sue for damages including medical expenses, lost wages, pain and suffering, and property damage.

3. Loss of Driving Privileges:

Most states impose automatic license suspension or revocation for drivers convicted of hit and run offenses. The duration of the suspension can range from a few months to several years, depending on the severity of the offense.

4. Insurance Consequences:

Hit and run drivers who are caught face significant increases in their insurance premiums. In many cases, they may even lose coverage altogether. Being labeled a “high-risk” driver makes it difficult and expensive to obtain insurance in the future.

Statistics on Hit and Run Incidents:

• According to the AAA Foundation for Traffic Safety, more than 737,000 hit and run crashes occur each year in the United States.
• Nearly 65% of hit and run fatalities involve pedestrians or cyclists, highlighting the often devastating consequences of these incidents.
• In recent years, hit and run fatalities have been on the rise, with over 2,000 deaths reported annually.

Conclusion

Hit and run accidents are both emotionally and financially taxing. If you find yourself in such a situation, it’s important to know what steps to take immediately to protect your rights and pursue compensation. Understanding your insurance coverage options and cooperating with law enforcement can make a big difference in your ability to recover damages. While the legal consequences for hit and run drivers are severe, it’s also crucial to speak with a car accident lawyer and protect yourself by ensuring you have adequate coverage in place, such as uninsured motorist coverage.