What to Do If You're Involved in a Hit-and-Run Accident This Fall

By
on
October 7, 2024

During fall, the risk of hit-and-run accidents increases due to changing weather and holiday traffic. If you're involved in such an incident, prioritize safety, gather as much information as possible, and document the scene to aid in insurance claims and legal actions.

As the fall season brings changing weather conditions, shorter daylight hours, and increased holiday traffic, the risk of car accidents, including hit-and-run incidents, tends to rise. Wet roads, poor visibility, and the rush of holiday activities can contribute to more dangerous driving conditions, making it crucial to stay alert. Unfortunately, hit-and-run accidents—where a driver leaves the scene without providing information or helping the injured—can leave victims in a particularly vulnerable position.

Hit-and-run accidents present unique challenges for victims, as finding the responsible driver can be difficult. These accidents can lead to severe injuries, extensive property damage, and financial burdens, leaving victims unsure about how to pursue compensation or justice. Without knowing who is responsible, navigating insurance claims and legal actions becomes more complex.

Immediate Steps to Take After a Hit-and-Run Accident

Being involved in a hit-and-run accident can be overwhelming, but taking immediate action can help protect your health, safety, and legal rights. Here are the critical steps to follow right after the accident:

  • Ensure Safety: Your first priority should always be safety. If possible, move your vehicle out of traffic to a safe location, such as the shoulder of the road. Check yourself and any passengers for injuries. If anyone is hurt, call emergency services immediately for medical assistance.
  • Gather Information: Try to remember and document as many details about the accident as possible. This includes the other vehicle’s make, model, color, and license plate number (if visible), along with the time, location, and road conditions at the time of the crash. Even small details, such as bumper stickers or dents on the other vehicle, can be helpful later.
  • Take Photos: Use your phone to take pictures of the accident scene. Be sure to photograph the damage to your vehicle, skid marks, road debris, and any nearby landmarks or street signs. These images can provide valuable evidence in identifying the responsible driver and supporting your insurance claim.
  • Check for Witnesses: Look around for any witnesses who may have seen the accident occur. Approach bystanders and ask if they can provide details about the hit-and-run driver or what they observed. If they’re willing to help, collect their names and contact information so they can corroborate your account later. Witness statements can be crucial in building your case.

Reporting the Hit-and-Run to the Authorities

After ensuring your safety and gathering initial information, it is essential to report the hit-and-run accident to the authorities. Law enforcement plays a crucial role in helping to track down the responsible driver and creating a formal record of the incident. Here's how to proceed:

  • Contact the Police: As soon as you’re in a safe location, call the police to report the hit-and-run accident. Even if the damage seems minor, filing a police report is critical. The report serves as an official document of the event, which will be essential for insurance claims and any potential legal actions down the road.
  • Provide All Available Details: When law enforcement arrives, share all the information you collected about the other vehicle and the accident. This includes the make, model, and color of the vehicle, as well as any details about the driver, their actions, and the surrounding conditions. If there were any witnesses to the accident, mention them to the officer so they can follow up on their statements. The more information you provide, the better the chances of identifying the hit-and-run driver.
  • Obtain a Police Report: After the report is completed, make sure to get a copy of it. The police report will be an important piece of evidence when filing your insurance claim, and it may also be used if legal action becomes necessary. Be sure to review the report for accuracy and keep it in your records.

Filing an Insurance Claim After a Hit-and-Run

Filing an insurance claim after a hit-and-run accident can feel overwhelming, but understanding your policy and following the right steps can help ensure that you receive the compensation you deserve. Here's what to do:

  • Understand Your Policy: Start by reviewing your insurance policy, paying particular attention to your uninsured motorist (UM) coverage. This type of coverage is specifically designed to protect you in cases where the at-fault driver cannot be identified, such as a hit-and-run accident. It can help cover medical expenses, vehicle repairs, and other damages. Make sure you’re familiar with the coverage limits and any deductibles that may apply.
  • File a Claim: After contacting the police and gathering all necessary documentation, notify your insurance company about the accident as soon as possible. Provide them with a copy of the police report, any photos you took of the damage, and any witness statements that may support your case. The more evidence you can provide, the stronger your claim will be.
  • Dealing with Insurance Adjusters: When speaking with insurance adjusters, be careful with the details you provide. Insurance companies may try to minimize your compensation by questioning your account of the accident or the extent of your damages. Stick to the facts, and avoid making statements that could be misconstrued or used against you. If you're uncertain about how to handle discussions with your insurance company, consider consulting with a personal injury attorney to protect your interests.

Legal Options if the Hit-and-Run Driver is Found

If the hit-and-run driver is located after the accident, you have the legal right to hold them accountable for the harm they caused. This opens up several avenues for pursuing compensation to cover your damages.

  • Holding the Driver Accountable: Once the hit-and-run driver is identified, you can take legal action to seek compensation for the various losses you’ve incurred. These include:
    • Medical Expenses: You can recover the costs of any medical treatment required due to the accident, such as hospital visits, surgeries, medications, and ongoing rehabilitation.
    • Property Damage: The driver can be held responsible for the costs to repair or replace your vehicle, as well as any other property damaged in the accident.
    • Lost Wages: If the accident caused you to miss work, you can seek compensation for the income lost during your recovery period.
    • Pain and Suffering: Beyond the financial costs, you may also be eligible to recover damages for the physical pain and emotional distress caused by the accident.
  • Personal Injury Claims: To pursue compensation, you’ll need to file a personal injury claim against the hit-and-run driver. This involves working with your attorney to gather evidence that proves the driver’s liability and the extent of your damages. If the driver has auto insurance, you can seek compensation through their insurance provider. In cases where the driver is uninsured or underinsured, you may need to pursue compensation directly from their personal assets.

Legal Options if the Hit-and-Run Driver is Not Found

If the hit-and-run driver is never identified, you still have options to recover compensation for your injuries and damages. Understanding your insurance coverage and seeking legal advice can help ensure that you are not left without support.

  • Uninsured Motorist Coverage: One of the most valuable protections in a hit-and-run case is uninsured motorist (UM) coverage, which is specifically designed to compensate you when the at-fault driver cannot be identified or is uninsured. In a hit-and-run situation, your own insurance policy may cover:
    • Medical Expenses: UM coverage can help pay for hospital bills, surgeries, rehabilitation, and other medical treatments related to the accident.
    • Property Damage: If your vehicle is damaged in the accident, UM coverage can also cover repair or replacement costs.
    • Lost Wages and Pain and Suffering: In many cases, uninsured motorist policies may also compensate you for lost income due to missed work and any pain and suffering caused by the accident. Be sure to review your policy’s coverage limits and terms to understand what is included.
  • Seeking Legal Advice: If your insurance company denies your claim or offers a settlement that does not adequately cover your damages, it may be time to consult with a personal injury lawyer. Insurance companies sometimes attempt to minimize payouts, even under UM coverage. A personal injury attorney can help:
    • Negotiate with the Insurance Company: An experienced lawyer can advocate for you, ensuring that you receive fair compensation for your losses. They can also handle communication with the insurance adjusters, reducing your stress.
    • File a Lawsuit if Necessary: If negotiations fail, your attorney can guide you through the process of filing a lawsuit to pursue the compensation you deserve through legal action.

Take Action to Protect Your Rights

If you’ve been involved in a hit-and-run accident this fall, Drake Law Firm is here to help. Our experienced legal team can guide you through the insurance process, pursue legal action if needed, and ensure your rights are protected every step of the way.

Contact us today to discuss your case and explore your legal options. Don’t face the aftermath of a hit-and-run accident alone—reach out to us to protect your rights and get the compensation you deserve.