What to Do If the At-Fault Driver Flees the Scene

A car accident is already a stressful experience, but when the at-fault driver flees the scene, it can leave you feeling helpless and unsure of what to do next. Known as a hit-and-run accident, this type of incident is particularly frustrating because the person responsible for the crash isn’t there to provide insurance information or take responsibility for the damages. While it may seem like there’s no way to recover compensation for your injuries or vehicle damage, you still have legal options. Your ability to recover depends on the steps you take immediately after the accident and the type of insurance coverage you have. We’ll explain exactly what you should do after a hit-and-run, how to track down the driver, and how a Wright Gray Harris attorney can help you secure the compensation you’re entitled to.

What Is a Hit-and-Run Accident?

A hit-and-run accident occurs when one driver causes an accident and leaves the scene without stopping to provide their name, contact information, insurance details, or assistance. This applies to collisions with other vehicles, pedestrians, cyclists, or property (like hitting a parked car). Hit-and-run accidents are illegal in every state, and drivers who flee the scene can face serious criminal charges. For the victim, a hit-and-run can be particularly difficult because they are left to deal with the physical, emotional, and financial consequences of the accident. However, even if the at-fault driver is not found, you may still have options for compensation through your own insurance policy.

What to Do Immediately After a Hit-and-Run Accident

If you’ve been involved in a hit-and-run accident, it’s important to stay calm and take the following steps to protect your health, your legal rights, and your ability to file an insurance claim.

1. Ensure Your Safety and Call 911

Your health and safety come first. If you’re injured, call 911 and request medical assistance. If you’re able to move safely, get yourself and your passengers to a safe location away from traffic. Even if you don’t feel injured, you should still seek medical attention as some injuries (like concussions or whiplash) may not be immediately noticeable.

2. Write Down Information About the At-Fault Driver

If possible, try to gather as much information as you can about the fleeing driver. Write down the following details:

  • The make, model, color, and license plate number of the car (even partial license plate numbers can help).
  • A description of the driver, including their appearance, clothing, or any unique identifying features.
  • The direction in which the driver fled.
  • The time, location, and circumstances of the accident.
    Even small details can be helpful when police and insurance companies investigate the hit-and-run. If there were witnesses at the scene, ask for their contact information so they can provide statements later.

3. Report the Accident to the Police

Call the police and file an official police report. The police will document the scene, take witness statements, and attempt to track down the hit-and-run driver. This report will serve as critical evidence for your insurance claim. Make sure to request a copy of the police report as it will be essential for filing a claim with your insurance company.

4. Take Photos and Videos of the Scene

Take photos and videos of the accident scene, including your vehicle damage, skid marks, broken glass, and any other signs of the collision. If you were able to see the fleeing driver’s vehicle, take photos of where it was last seen or the direction it was headed. These images may help police identify the driver and strengthen your insurance claim.

5. Notify Your Insurance Company

Call your insurance company as soon as possible to report the accident. Provide them with all the information you gathered, including the police report, witness statements, and photos. If you have uninsured motorist (UM) coverage or collision coverage, you may be able to file a claim under your own policy. Be cautious when speaking to the insurance adjuster — avoid saying things like “I’m fine” or downplaying your injuries. Instead, provide only the facts of the accident.

How to Recover Compensation After a Hit-and-Run Accident

Even if the at-fault driver is never found, you still have options for recovering compensation for medical expenses, vehicle damage, and lost wages. Here are the most common ways to secure compensation after a hit-and-run:

1. File a Claim Through Your Uninsured Motorist (UM) Coverage

If you have uninsured motorist (UM) coverage, you can file a claim through your own insurance policy. UM coverage is designed to protect you when the at-fault driver doesn’t have insurance, but it also applies to hit-and-run cases where the at-fault driver cannot be located. This type of coverage can pay for your medical expenses, lost wages, and pain and suffering. If you have UM coverage, it can serve as your primary source of compensation after a hit-and-run.

2. Use Your Personal Injury Protection (PIP) or Medical Payments (MedPay) Coverage

If you live in a no-fault state, you can file a claim under your Personal Injury Protection (PIP) coverage. PIP pays for medical expenses and lost wages, regardless of who was at fault. Even if the at-fault driver flees the scene, you’ll still be covered for medical bills up to your policy limits. In states that do not have PIP coverage, you may be able to use MedPay coverage to pay for medical bills.

3. File a Claim Under Your Collision Coverage

If your car is damaged in a hit-and-run, you can file a claim under your collision coverage. This type of insurance pays for repairs to your vehicle, regardless of fault. Unlike liability insurance, which pays for damage to other people’s vehicles, collision coverage allows you to repair your own car after a hit-and-run. Keep in mind that you may have to pay a deductible before the insurance company covers the remaining repair costs.

4. File a Lawsuit if the Driver is Identified

If the police locate the at-fault driver, you have the option to file a personal injury lawsuit against them. This allows you to recover damages for medical expenses, property damage, lost wages, pain and suffering, and other losses. If the driver has auto insurance, you can file a claim with their insurer. If they don’t have insurance, you may be able to pursue a lawsuit directly against them to recover compensation.

What if the Hit-and-Run Driver Is Never Found?

If the driver is never identified, you’ll have to rely on your own insurance coverage to recover compensation. This is where uninsured motorist (UM) coverage, PIP, and collision coverage become essential. If you don’t have UM coverage, you may have to pay for your medical bills and car repairs out of pocket. This is why having UM coverage is so important. A Wright Gray Harris attorney can review your insurance policy, help you file a claim, and make sure you receive the maximum payout from your insurance company.

How a Wright Gray Harris Attorney Can Help You

Hit-and-run cases are some of the most complicated types of car accidents to resolve. Without the at-fault driver’s insurance information, you’re left relying on your own insurance company to do the right thing. Unfortunately, insurance companies often try to delay payments, undervalue claims, or deny them altogether.

A Wright Gray Harris attorney can protect your rights, handle all communication with the insurance company, and fight to get you the maximum compensation possible. Here’s how we can help:

  • File an Insurance Claim: We’ll file your claim with your UM, PIP, or collision coverage and handle all negotiations with your insurance company.
  • Challenge Denied Claims: If your insurance company tries to deny your claim, we’ll challenge the denial and fight for your right to compensation.
  • Pursue a Lawsuit if the Driver is Found: If the hit-and-run driver is located, we’ll file a lawsuit to recover the maximum compensation for your injuries and losses.
  • Maximize Your Compensation: We’ll ensure you receive the full amount you’re entitled to, including medical expenses, lost wages, vehicle repairs, and pain and suffering.

Contact Wright Gray Harris

If you’ve been the victim of a hit-and-run accident, you don’t have to face it alone. Whether the at-fault driver is found or not, you have legal options for recovering compensation. At Wright Gray Harris, we’ll review your case, file your insurance claim, and fight for the compensation you deserve. Call Wright Gray Harris today for a free consultation. We’ll walk you through your rights, explain your options, and help you pursue maximum compensation. Call now to schedule your free consultation.

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