Hit-and-Run Accidents: Your Legal Options and How to Find the Driver

Hit-and-Run Accidents: Your Legal Options and How to Find the Driver

A hit-and-run accident can leave you feeling vulnerable, confused, and unsure of what to do next. According to the AAA Foundation for Traffic Safety, a hit-and-run crash occurs in the U.S. approximately every 43 seconds [17, 18, 22, 26]. In 2016, these crashes resulted in 2,049 fatalities, the highest number ever recorded [18]. Knowing your legal options and how to find the driver who fled the scene is crucial to protecting your rights and recovering the compensation you deserve.

What to Do Immediately After a Hit-and-Run

  1. Ensure Your Safety: The first priority is always your safety and the safety of others involved. If possible, move your vehicle to a safe location away from traffic to prevent further accidents [7, 23]. Check yourself and your passengers for injuries and call for medical help if needed [7, 23].
  2. Call the Police: Contacting law enforcement is imperative in a hit-and-run [3, 4, 7, 8, 11, 23]. A police report is a crucial piece of evidence for your insurance claim and any potential legal proceedings [3, 7, 23]. Provide the police with as many details as possible, including the location, time, and a description of the vehicle (if available) [7, 23].
  3. Gather Information: If you are able, try to collect as much information as possible at the scene [2, 7]. This includes:
    • Description of the Vehicle: Note the make, model, color, and license plate number (even a partial plate can help) [5, 10, 23]. Also, look for any unique identifying features like bumper stickers or damage [5, 10].
    • Witness Information: If there were any witnesses, get their contact information and ask for written statements [2, 5, 7, 8, 11, 23]. Their accounts can be valuable in identifying the fleeing driver [2, 5, 23].
    • Photos of the Scene: Take pictures of the accident scene, including the damage to your vehicle, any visible injuries, and the surrounding area [7, 24].
  4. Seek Medical Attention: Even if you don’t think you were hurt, it’s essential to see a doctor as soon as possible [3, 7]. A physician can identify injuries concealed by a post-accident adrenaline rush [3]. Additionally, a medical record connects your injuries to the accident when filing a claim [3].
  5. Notify Your Insurance Company: Promptly report the hit-and-run to your insurance company [7, 10, 23]. Provide them with all the information and evidence you have collected, including the police report [7, 23].

Your Legal Options After a Hit-and-Run

Even when the other driver flees the scene, you still have options for recovering compensation for your damages [1].

  1. Uninsured Motorist (UM) Coverage: If you have UM coverage, your insurance company may be obligated to pay for all or part of your damages [3, 7, 20, 21, 23]. UM coverage protects you when you’re involved in an accident with a driver who doesn’t have insurance or cannot be identified, as in a hit-and-run [7, 23].
  2. MedPay: If you have a MedPay add-on to your car insurance policy, it should cover some or all of the costs of your medical treatment [1, 3]. MedPay is a “first-party” claim, meaning you file it with your own insurance carrier, and fault doesn’t matter [1].
  3. Collision Coverage: Even if the other driver is at fault, collision insurance will reimburse you for at least some of the damages to your vehicle [1]. You will likely have to pay a deductible [1].
  4. Personal Injury Lawsuit: If the hit-and-run driver is identified, you can pursue a civil lawsuit against them to recover compensation for your injuries and damages [3, 7]. A personal injury lawsuit can help you get the money you need to recover from your injuries, free from any restitution limit imposed by a criminal court [3].
  5. California Victim Compensation Board (CalVCB): In California, if the hit-and-run driver remains unidentified or uninsured, you may be eligible for compensation through the CalVCB [7, 23]. CalVCB provides financial assistance to eligible victims of violent crimes, including hit-and-run accidents [7, 23].

How to Find the Hit-and-Run Driver

Finding the driver who fled the scene is crucial for holding them accountable and maximizing your compensation [2, 5, 10, 15]. Here are some steps you can take:

  1. Cooperate with the Police: Provide the police with all the information you have about the accident and the fleeing vehicle [4, 13, 15]. The police will conduct a hit-and-run investigation, which may involve [4, 8, 11]:
    • Visiting the accident scene to gather evidence [2, 4].
    • Interviewing witnesses [2, 4, 8, 11].
    • Reviewing surveillance videos from traffic cameras, businesses, and homes in the area [2, 4, 5, 8, 10].
    • Notifying local repair shops to be on the lookout for cars with particular paint marks and damages [2].
  2. Check for Surveillance Video: Many businesses and intersections have security cameras that may have captured footage of the accident and the fleeing vehicle [2, 5, 10]. Ask nearby property owners for any video evidence [5, 10].
  3. Social Media: Social media can be a powerful tool for finding a hit-and-run driver [2, 5]. Post about the accident on social media, including a description of the vehicle and the location and time of the accident [2, 5]. Ask people to share the post and to contact you if they have any information [2, 5].
  4. Hire a Private Investigator: For serious hit-and-run cases, a private investigator has resources like access to traffic cameras and databases that can help identify the at-fault driver [10].
  5. Contact Nearby Homes & Businesses: Establishments and homes in the vicinity of the crash may also have witnesses who were not able to come out right after the incident [5]. They may also have footage from their own surveillance cameras to share with you and law enforcement [5].

The Role of a Hit-and-Run Lawyer

A hit-and-run accident lawyer can be an invaluable asset in navigating the legal process and maximizing your chances of recovering compensation [3, 15, 17, 24]. An attorney can [3, 7, 15, 21, 23, 24]:

  • Investigate the accident to gather evidence and identify the liable party [3, 7, 15, 21, 24].
  • Negotiate with insurance companies to reach a fair settlement [21, 23, 24].
  • File a personal injury lawsuit against the hit-and-run driver, if they are found [3, 7, 21, 23, 24].
  • Represent you in court [23].
  • Help you understand your legal rights and options [23, 24].

Statute of Limitations

It’s important to be aware of the statute of limitations for hit-and-run accidents in your state [6, 9, 12, 14, 16]. The statute of limitations is the deadline for filing a lawsuit [6, 9, 16]. In many states, the statute of limitations for personal injury claims is two years from the date of the accident [12, 16]. However, the statute of limitations for hit-and-run accidents can vary depending on the state and whether the case involves property damage, injury, or death [6, 9, 14]. In California, the statute of limitations for the DA to file hit-and-run charges is six years [9].

Don’t Wait, Take Action Now

If you’ve been involved in a hit-and-run accident, it’s crucial to take action immediately to protect your rights and begin the process of recovering compensation. Contact the police, seek medical attention, notify your insurance company, and consult with a qualified hit-and-run lawyer to discuss your legal options. With the right guidance and support, you can navigate the challenges of a hit-and-run accident and work towards a just resolution.