Hit-and-Run Compensation: Essential Steps to Secure Your Settlement

Hit-and-run accidents can be particularly distressing for victims, not only because of potential injuries but also due to the financial burdens that arise when the responsible driver flees the scene.

Victims often face an uphill battle in recovering compensation for medical expenses, property damage, and other costs. Knowing your options for hit-and-run compensation and how to navigate the claims process is essential to securing the financial support you need.

Working with an experienced accident attorney can increase your chances of receiving hit-and-run settlements that cover medical expenses, property damage, lost wages, and more.

What is a Hit-and-Run Accident?

A hit-and-run accident occurs when a driver involved in a collision leaves the scene without stopping to provide assistance or exchange information with the other parties involved.

Legally, drivers are required to stop and exchange insurance and contact information, and provide aid if necessary. When a driver fails to fulfill these responsibilities, it constitutes a hit-and-run.

Hit-and-run cases are particularly challenging for victims because identifying the responsible party is often difficult. However, whether the at-fault driver is found or not, victims still have several options to pursue compensation.

Who is Responsible for a Hit-and-Run Accident?

In most cases, the driver who causes the accident is responsible for the damages. However, when they leave the scene, this complicates the situation, especially in at-fault states like California, where the responsible party typically covers the expenses.

In hit-and-run cases, proving the fault of the absent driver becomes challenging, making it essential to file a police report immediately and seek legal assistance if necessary.

If the driver is later identified, they may face both civil and criminal penalties, including fines, license suspension, and even jail time. Additionally, they can be held financially liable for damages to the victim’s property and medical expenses. If they remain unidentified, victims can still pursue compensation through their own insurance, especially if they have specific coverage like uninsured motorist protection.

How Much Can You Recover in a Hit-and-Run Accident?

The compensation you may receive in a hit-and-run case depends on several factors, including the extent of your injuries, the damage to your property, your insurance policy limits, and whether the at-fault driver is identified. In cases where the driver is found, compensation might cover:

• Medical Expenses: You can recover costs associated with emergency medical treatment, hospital bills, follow-up visits, and any long-term rehabilitation required due to injuries from the accident.
• Property Damage: This includes the costs of repairing or replacing your vehicle and any other damaged property in the accident.
• Lost Wages: If the accident causes you to miss work or affects your future earning potential, you can pursue compensation for lost income.
• Pain and Suffering: Hit-and-run accidents often result in emotional distress, and if the case goes to court, compensation for non-economic damages such as pain and suffering may be considered.

Your Options for Hit-and-Run Compensation

Fortunately, there are multiple pathways to seek compensation after a hit-and-run accident, even if the driver who caused the accident is never identified. Here are some common avenues for car accident settlements:

1. Collision Coverage

One of the most direct ways to recover from a hit-and-run is through collision coverage. This optional form of auto insurance provides compensation for damage to your vehicle regardless of who is at fault. It covers costs associated with repairing or replacing your car if it’s damaged in an accident with another vehicle or object. However, collision coverage typically does not cover medical expenses or damage to the other driver’s car if they are eventually identified.

2. Uninsured Motorist Coverage

Another important option is uninsured motorist coverage. While it’s not mandatory in every state, California allows victims to file uninsured motorist claims in cases where the at-fault driver is not insured or cannot be located, such as in a hit-and-run accident. This coverage typically includes both bodily injury and property damage, helping victims with medical bills, lost wages, and vehicle repairs.

In addition, uninsured motorist coverage can be used when a driver who is found lacks sufficient insurance to cover all damages. This option is helpful because hit-and-run drivers often evade responsibility, and uninsured motorist coverage can help cover expenses without requiring you to identify the other driver.

3. MedPay Coverage

Medical payments coverage, often referred to as MedPay, covers medical expenses resulting from an accident, regardless of who is at fault. This coverage is beneficial for both drivers and passengers and can help with costs such as:

• Doctor visits and hospital bills
• Emergency room and ambulance fees
• Rehabilitation and physical therapy costs
• Necessary medical equipment, like crutches or prosthetics

MedPay coverage is particularly helpful for individuals with high deductibles or those lacking comprehensive health insurance. However, it won’t cover all injuries, particularly if medical expenses exceed policy limits.

4. Filing a Claim with the At-Fault Driver’s Insurance (if Identified)

If the hit-and-run driver is identified after the incident, you can file a claim with their insurance. Although the police solve only a minority of hit-and-run cases, having eyewitnesses or surveillance footage can increase your chances of identifying the responsible party.

Filing a claim with the at-fault driver’s insurance could help you recover compensation for damages and expenses not covered by your own insurance policies.

5. Seeking Restitution Through Legal Action

If the hit-and-run driver is found, you can pursue legal help for hit-and-run accidents and seek restitution as part of their criminal sentence. In California, leaving the scene of an accident is a felony, and convicted drivers can face jail time, fines, and a requirement to pay restitution to victims. Restitution can cover expenses such as:

• Property damage repair costs
• Lost wages and income
• Emotional distress
• Medical bills

Protecting Yourself Before and After a Hit-and-Run Accident

To minimize financial losses from a hit-and-run, here are some proactive steps:

• Increase Your Coverage: Consider adding collision, uninsured motorist, and MedPay coverage to your auto insurance policy. These options can provide peace of mind and financial security.
• Document Everything: After an accident, document details like the vehicle’s description, license plate number, and any distinguishing features of the driver if you saw them. Also, gather witness contact information and report the incident to the police.
• Consult a Hit and Run Lawyer: Hiring an experienced car accident lawyer can dramatically improve your chances of obtaining fair compensation. Lawyers who specialize in hit-and-run cases know how to navigate complex claims and insurance negotiations.

Understanding Average Hit-and-Run Settlements

The average settlement for a hit-and-run accident varies widely depending on factors such as the severity of the injuries, property damage, and insurance coverage limits. However, hit-and-run settlements tend to be higher when victims work with legal professionals, as lawyers help ensure fair compensation and address any insurance company tactics designed to reduce payouts.

How an Attorney Can Help with Hit-and-Run Claims

A skilled accident attorney can guide you through the complex process of filing a hit-and-run claim. Attorneys can assist with collecting evidence, negotiating with insurance providers, and ensuring you understand the steps necessary to file a claim effectively. They can also help victims understand uninsured motorist coverage for hit and run and how it applies to their specific case.

Protecting Your Rights After a Hit-and-Run Accident

Being involved in a hit-and-run accident can be overwhelming, but knowing your rights can help you regain control of the situation. Working with a car accident lawyer can assist you in securing fair compensation, navigating insurance claims, and addressing medical bills.

Frequently Asked Questions About Hit-and-Run Accidents

What should I do immediately after a hit-and-run accident?

If you’re involved in a hit-and-run, try to remember details about the vehicle, including the color, make, model, and license plate number. Talk to any witnesses and write down their contact information. Then, file a police report and inform your insurance company as soon as possible.

Can I still seek compensation if the hit-and-run driver isn’t found?

Yes. In cases where the driver is not identified, options such as collision coverage and uninsured motorist coverage can still help cover expenses. Working with a knowledgeable hit-and-run lawyer can also improve your chances of recovering compensation for hit-and-run injuries.

How long do I have to file a claim after a hit-and-run accident?

In California, you generally have ten days to report an accident resulting in injury or property damage over $750 to the DMV. However, the statute of limitations for filing a personal injury claim is generally two years.