A hit-and-run accident is a nightmare because the person responsible for the accident just disappears. But, thankfully, there are ways to get compensated even if the driver can’t be found.
The first thing to do immediately after the accident happens is to call the police. It’s important to report the hit-and-run as soon as you can. When the police show up, they’ll create an official report of what happened. Your hit-and-run accident attorney will need that report later, so don’t skip this step.
If you can, take pictures of the crash scene, the damage to your vehicle, and any visible injuries you might have. Additionally, tow truck company drivers who arrive at the scene can serve as valuable witnesses. They often have experience documenting accident scenes and can provide crucial information for your case. These photos will be super helpful for proving your case later on.
Now, if you can, try to gather witness information; someone may have seen the accident or can recall details about the car that hit you. This info can be key, especially if the police are trying to track down the driver. Write down any details you remember about the car or the driver’s appearance, too. Anything can help, even the smallest detail.
The Available Options for Compensation When You Are Hurt in a Hit and Run Accident
There are a few different ways this can play out, depending on whether the police are able to find the driver or not.
If You Find the Driver
If you’re lucky enough for the police to track down the driver who hit you, things get a bit easier. You’ll be able to file a claim with the driver’s insurance company, that is assuming the driver has insurance.
If the driver doesn’t have insurance, you’ll have to go after them directly. But that can be tricky because if the driver is broke, it’s not like they’ll be able to pay you anything.
Restitution Through Criminal Prosecution
Now, in many places, it’s a crime to leave the scene of an accident where someone’s injured (which is exactly what a hit-and-run driver does). So, if the driver is caught and charged with a crime, you can request restitution. This means that the court could order the driver to pay for your injuries as part of their criminal sentence.
But then again, not every state or situation will lead to this. It depends on the court and the severity of the case.
Using Your Own Insurance
Now, if the driver isn’t found, or if they don’t have insurance, your own insurance comes in. If you have uninsured motorist coverage, which is required in some states and optional in others, you can file a claim with your own insurance company to cover your medical bills and damages.
In Virginia, for example, drivers must have at least $25,000 per person for personal injuries and $20,000 for property damage in uninsured motorist coverage. So, if the hit-and-run driver is untraceable, your own policy can cover your costs.
Some people also opt for underinsured motorist coverage, which helps if the person who hit you doesn’t have enough insurance to cover your expenses. These types of policies are really important because they can help you out when the other driver is a ghost.
What If the Other Driver Has No Insurance or Assets?
If you do find the driver, but they’re uninsured or don’t have enough money to pay you, things get more complicated. The sad truth is that if the driver has no assets (like a house, car, or money), even if you win a lawsuit, you might not get much, or anything at all. That’s why insurance companies often prefer to have underinsured and uninsured motorist coverage in place.
It might not be as satisfying as directly suing the at-fault driver, but it’s a safety net that can cover your costs in these situations.
What About Medical Bills After a Hit-and-Run?
You might be wondering what would happen if you’re stuck with medical bills because of a hit-and-run, and the other driver can’t be found or doesn’t have insurance. Unfortunately, in some cases, you’ll have to pay those medical bills yourself.
However, if you have Med-Pay (a type of medical payment coverage), it can cover your medical expenses, regardless of who’s at fault.
