Can I Make an Injury Claim if I was the Victim in a Hit-and-Run Accident?
In a typical accident or fender bender, both parties stop, check to see if the other is okay, and trade insurance information. But in a hit-and-run accident, the other driver flees and you have no idea who they are. If you don’t have access to the at-fault driver’s insurance details, how are you supposed to pay for your injuries or damages to your vehicle?
Can you make a claim against your own policy? Most likely, the answer is yes. But whether it will cover all of yout costs depends what kind of coverage you have, and what type of damages have been done. We will go over a few scenarios and discuss how you can seek compensation, and why it’s important to have a knowledgeable hit and run attorney on your side.
Will Uninsured Motorist Coverage Be Enough?
Both Missouri and Illinois law requires that all drivers have Uninsured Motorist Bodily Injury (UM) Coverage, and coverage is automatically built in to most policies. This covers physical injuries caused by a hit-and-run driver or an at-fault driver who has no auto liability insurance.
The minimum amount of UM coverage required is $25,000 per person and $50,000 per accident. So, if you were physically injured and your medical bills end up being within your UM coverage amount, you could receive enough compensation from your insurance company to pay for them.
However, severe injuries could add up to expenses that far exceed the minimum UM amount. You may need to take days or months off of work to recover, or need surgery and physical therapy to get back on your feet. If your brain was affected, chances are there will be long-term effects. And if others in your vehicle were also badly injured, your total household medical bills could definitely be more than $50,000.
Because the required amount is relatively small, many drivers choose to increase their UM coverage. For an additional premium, they can have the peace of mind that if they are in a serious crash, their compensation will cover their expenses.
As far as getting compensation to cover damages to your vehicle, it also depends on your policy. Missouri requires drivers to have $10,000 in coverage for Uninsured Motorist Property Damage (UMPD), but it’s optional in Illinois. If you have UMPD and the cost to fix your vehicle is within its limits, you could get lucky and have insurance pay for it. If damages exceed your policy limit, you can expect to pay the remainder out of pocket. And if you don’t have UMPD at all, you’ll be stuck with a deductible at the very least.
Was a Police Report Filed?
Even with all of that said regarding UM or UMPD coverage, you must be able to prove that another vehicle was involved in order to make a claim. Filing a police report is not only a good way to build evidence for your case; insurance companies require them for anyone seeking compensation after hit-and-run accidents. Police write down names of witnesses and get testimonials of what they saw. They also look for evidence such as debris from the other vehicle, skid marks from tires, and surveillance cameras that may have recorded the incident.
If you did not call the police after the accident, it’s your word against your insurance company’s. Chances of them paying for your injuries are slim with no evidence that you were involved in a hit-and-run.
Is It Possible to Find Out Who the Driver is in a Hit-and-Run Accident?
According to a report by AAA Foundation, about half of drivers who leave after an accident are eventually identified. Many hit-and-run drivers are intoxicated when they hit another vehicle and have a history of prior DWIs. Some have outstanding warrants for other crimes. This makes them extremely dangerous on the road and builds strong motivation for police to find and arrest them.
Unfortunately, it’s not easy to track down an elusive driver or the vehicle they drove. If the accident happened at night, there may not be witnesses, and you may not have been able to see a license plate number or identify the type of vehicle.
As hit-and-run accident lawyers, we gather whatever evidence we can and collaborate with police during their investigation. If the driver is found, we help you build a case to file a lawsuit and seek compensation for your damages.
What if I Was Hit in a Rideshare Vehicle?
Rideshare service providers like Uber and Lyft are required to carry insurance that will compensate their passengers in an accident. From the time passengers enter the vehicle until the ride is completed, they are covered by $1 million for personal injury, death and property damage. Drivers must also have uninsured motorist coverage of $50,000 minimum, which goes into effect in a hit-and-run accident. You will just need to get the Uber or Lyft driver’s insurance information to file a claim.
Why Do People Hit and Run?
It’s hard to say exactly why people hit and run, but in many cases, they are afraid of getting in further trouble than they already are. Drivers who flee after they hit a pedestrian or vehicle are often drunk, distracted, or driving with a suspended license. Some drive away because they are uninsured. Some know they don’t have the financial means to cover damages to the other person or vehicle.
For whatever reasons why the driver in your accident fled, it’s important to know you are not to blame.
Hiring a Hit-and-Run Accident Lawyer is Your Best Chance of Seeking Compensation
Being in an accident is always traumatic. Not knowing how you will pay for your injuries is even more scary. When you work with our hit-and-run accident lawyers, the very first thing we will tell you is that you should not be expected to pay for damages just because the at-fault driver left the scene.
If the driver is found, we will seek a sufficient amount from his or her insurance company to cover your injuries. If the driver remains unknown, we will make sure your insurance company compensates you fairly for current and future expenses. Contact us today.
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