Car accidents can be distressing and overwhelming, but when you’re involved in a hit and run accident, the situation becomes even more complicated. A hit and run accident occurs when a driver involved in a collision leaves the scene without stopping to exchange information or offer assistance. If you find yourself injured in a car accident with a hit and run driver, you may have numerous concerns and questions about your rights, insurance coverage, and legal options. In this article, we will address the various aspects of what happens if you are injured in a car accident with a hit and run driver, providing you with valuable information and guidance.
What Should You Do If You're Injured In A Hit And Run Accident?
If you are injured in a car accident with a hit and run driver, several important steps need to be taken to protect yourself and your interests.
Report the accident to the authorities
The first thing you should do is contact the police and report the hit and run accident. Provide them with all the necessary details, such as the location, time, and any identifying information about the other vehicle involved, if possible. The police report will serve as an official record of the incident and will be important for insurance purposes and potential legal action.
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Seek immediate medical attention
Your health and well-being should be your top priority after any car accident, including hit and run incidents. Even if you believe your injuries are minor, it is crucial to seek medical attention as soon as possible. Some injuries may not be immediately apparent, and a medical professional can evaluate your condition and provide appropriate treatment. Additionally, obtaining medical documentation of your injuries will be essential when dealing with insurance companies and legal proceedings.
Gather evidence
While waiting for the authorities to arrive at the scene, if possible, gather as much evidence as you can. Take photographs of the accident scene, including any damage to your vehicle and any visible injuries you sustained. If there were any witnesses present, try to obtain their contact information. These pieces of evidence can be invaluable when filing an insurance claim or pursuing legal action against the hit and run driver.
Notify your insurance company
Contact your insurance company as soon as possible to report the hit and run accident. Provide them with all the relevant details of the incident and any evidence you have gathered. Depending on your policy, you may be entitled to coverage for medical expenses, property damage, and other losses resulting from the accident. It is essential to familiarize yourself with your insurance policy and understand your rights and coverage in such situations.
Consult with an attorney
Given the complex nature of hit and run accidents, it is advisable to consult with a hit and run accident lawyer who specializes in car accidents. An experienced attorney can guide you through the legal process, help protect your rights, and pursue compensation on your behalf. They will navigate the complexities of insurance claims, investigate the accident, gather evidence, and represent your interests in negotiations or court proceedings, if necessary.
Uninsured Motorist Coverage
In some cases, if you have uninsured motorist coverage as part of your auto insurance policy, it may provide coverage for hit and run accidents. Uninsured motorist coverage is designed to protect you when you are involved in an accident with a driver who doesn’t have insurance or flees the scene. This coverage can help compensate for your injuries, medical expenses, and other losses when the at-fault party is unknown or cannot be located.
Consequences for the hit and run driver
Leaving the scene of an accident is illegal and carries severe consequences. If the hit and run driver is identified, they can face criminal charges, fines, license suspension, and even imprisonment, depending on the jurisdiction and the severity of the incident. Additionally, the hit and run driver may be held liable for any damages and injuries they caused, and you may be able to pursue a civil lawsuit against them to seek compensation for your losses.
Can I still recover compensation if the hit and run driver is not found?
If the hit and run driver cannot be identified or located, you may still have options for recovering compensation. As mentioned earlier, uninsured motorist coverage can be a valuable resource in these situations. Consult with your insurance company and your attorney to explore the possibilities of obtaining compensation through this coverage. Additionally, your attorney can help you explore other avenues, such as filing a claim against your own insurance company for “uninsured motorist benefits” or seeking compensation from other liable parties, if applicable.
FAQs
Q: Can I sue the hit and run driver for my injuries?
A: If the hit and run driver is identified, you may have grounds to sue them for your injuries. Consulting with a personal injury attorney is crucial in this situation, as they can assess the viability of a civil lawsuit and guide you through the legal process.
Q: Will my insurance rates increase if I file a hit and run claim?
A: Filing a hit and run claim should not automatically lead to an increase in your insurance rates. However, insurance companies may consider various factors when determining your rates, such as your driving history, the extent of your injuries, and the circumstances of the accident. It is advisable to consult with your insurance provider for accurate information regarding your specific situation.
Q: What if I am partially at fault for the hit and run accident?
A: Comparative negligence laws vary by jurisdiction, but even if you are partially at fault for the accident, you may still be eligible for compensation. Consult with a personal injury attorney to understand how comparative negligence laws apply in your state and how they may affect your claim.
Q: How long do I have to file a hit and run claim?
A: Statutes of limitations dictate the time within which a legal claim must be filed. The time limit for filing a hit and run claim may vary depending on your jurisdiction. It is crucial to consult with an attorney promptly to ensure you meet all necessary deadlines.
Q: What types of compensation can I seek in a hit and run accident?
A: The types of compensation you can seek in a hit and run accident may include medical expenses, property damage, lost wages, pain and suffering, and other related damages. Your attorney will assess your case and determine the appropriate compensation to pursue based on your injuries and losses.
Q: Can I negotiate with the insurance company on my own?
A: While it is possible to negotiate with the insurance company on your own, it is generally advisable to have legal representation. Insurance companies have experienced adjusters who may attempt to minimize your claim and offer you a lower settlement than you deserve. An attorney will advocate for your rights and negotiate with the insurance company on your behalf to seek fair compensation.
Conclusion
Being injured in a car accident with a hit and run driver can be a challenging and stressful experience. However, understanding your rights and taking the appropriate steps can help protect your interests. Remember to report the accident, seek medical attention, gather evidence, and consult with a lawyer for hit and run accidents. By taking these necessary actions, you can increase your chances of obtaining the compensation you deserve and moving forward on the path to recovery.
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The post What Happens If You Are Injured In A Hit And Run Accident? first appeared on Scranton Law Firm.
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