The National Highway Traffic Safety Administration (NHTSA) has reported that one in every four pedestrian fatalities in the United States is caused by hit-and-run events. Every year, over 2,000 deaths involved pedestrians, cyclists, or other drivers.

A hit-and-run accident occurs when a driver tries to leave the scene of an accident without giving the injured person any information or assistance. In a situation like this, victims feel clueless about how to hold the culprit responsible or what to do next. Causes of this kind of incident would include other parked cars, pedestrians, cycles, or even oncoming traffic.

If you are a person who is involved in a hit and run, here’s what to do to safeguard your rights and receive compensation for any damage you sustain.

Immediate Steps at the Scene

Check for injuries and call 911

The main goal should be to guarantee everyone’s safety. You must have yourself and any other passengers checked for any injuries that might have resulted. Call 911 if you have injured passengers. Avoid moving around any injured patient unless they are in danger or risk of any other sort.

Call the police, no matter how minor the injury seemed. A police report is not just a formality. It is an important element needed for substantiation of an insurance claim and in pursuing any legal action that is likely to follow.

A few insurance policies stipulate police reports as a prerequisite for hit-and-run claims. A police report can be instrumental in filing an underinsured/uninsured motorist claim in some states. When asking for the report copy from the officer who responds to your call, it is important that the responding officer give you his or her name and badge number so that he or she can be contacted for any future needs.

Do not chase the fleeing driver

If somebody hits your car and tries to drive away, it is normal to start following them, but doing so could lead to a dangerous situation. When you see a vehicle acting erratically, it is critical that you immediately call law enforcement. The officer will then take over the situation and handle the matter of the chase.

Document everything you can

The circumstances require that you take down all the necessary information regarding the occurrence and the escaping vehicle before police arrive on the scene. 

• License plate number, or as many characters as you recall
• Make, model, color, and any distinguishing features of the vehicle
• Direction of travel after the collision
• Time, date, and exact location of the accident
• Weather and road conditions
• Images of the damage sustained by your vehicle, its immediate environment (e.g. road), skid marks, and debris.

One has to obtain the names and contact addresses of any witnesses on the accident scene before the witnesses leave. This piece of information will be deemed collateral evidence if the witnesses support your claims to your insurer. The evidence can also be used if the responsible driver is identified.

You can request video footage from nearby business establishments for circumstances that were captured on video. Cameras that feature the road network or are installed in residential locations by homeowners could provide evidence. You should document all cameras that you see at the site or in its surroundings. 

Your attorney or law enforcement may be able to obtain that footage, but it is typically overwritten within days, making early action on this point important.

Reporting to Your Insurance Company

Most insurance policies state that you must report incidents immediately. Any delays will create problems that endanger your insurance claim. When you call:

•       Provide the police report number
•       Give the date, time, and location of the accident
•       Describe the vehicle that struck you with whatever details you have
•       Share witness contact information and any photos you took
•       Specifically ask about your uninsured motorist policy and your collision policy. 

Every time you talk to one of the insurance companies and want the details for that company, write them down. The more you write records of your dealings with the insurance company, the better evidence you will have for your personal injury claim. The documentation you have protects you from any future disputes that may arise regarding what you decided or shared.

After a car accident, don’t agree to sign anything or provide a statement to an insurance company. According to Willoughby car accident lawyer Matthew A. Lallo, it is important for a car accident victim to talk to a lawyer first. The legal professional will see to it that a victim doesn’t sign away their rights to seek further damages until the full impact of their injuries is known.

Uninsured motorist bodily injury (UMBI)

UMBI exists to protect you and your passengers when someone leaves the scene of an accident or when they drive without insurance coverage. The coverage exists as a requirement in multiple states. Other states treat it as an optional choice that people should choose. 

The UMBI benefit extends to cover medical costs, wage loss, and damages for suffering until you reach your policy limit. The UMBI program permits users to request benefits only if their vehicle has made physical contact with the fleeing driver’s vehicle. The benefit under this type of coverage is subject to regulations established in numerous states and insurance policies. 

Drivers who swerve into your lane without creating physical contact will cause you to crash when you try to avoid them. Certain insurance policies will not recognize this incident as a hit-and-run according to their uninsured motorist coverage policies. 

Uninsured motorist property damage (UMPD)

The UMPD program protects your vehicle against damages caused by drivers who either lack insurance or whose identity remains unknown. The policy exists throughout multiple states, yet certain states require identification of the responsible driver before they permit access to their system. 

In a few states, uninsured motorist property damage (UMPD) coverage applies only if it is possible to identify the other driver. When your car is damaged by a hit-and-run driver, you will have to depend on collision insurance for some financial assistance in the repair of the vehicle.

Collision coverage

Collision coverage pays for damage to your vehicle regardless of who is at fault and regardless of whether the other driver is identified. The most basic insurance option for protecting your vehicle from hit-and-run incidents is this coverage. The typical collision coverage requires you to pay a specific amount as a deductible before your insurance company will begin paying for your vehicle repair costs.

Medical payments (Med Pay) and personal injury protection (PIP)

Med Pay and PIP coverage apply regardless of fault and can cover medical expenses for you and your passengers after a hit-and-run. PIP, which all no-fault states mandate, provides benefits that include partial wage replacement. These coverages activate independent of whether the other driver is identified or insured.

Your Legal Options Depending on Whether the Driver Is Found

If the driver is identified

Your access to additional options will increase after law enforcement establishes the identity of the hit-and-run driver. You can file a claim directly against that driver’s liability insurance if they carry it. Your underinsured motorist coverage (UIM) will fill any payment gap that exists if the other driver’s insurance does not fully cover your damages up to the limits established in your policy.

If the identified liable driver has no insurance, or the insurance policy is not enough to cover damages, the plaintiff can still file civil charges against them. The winning judgment may be enforced through garnishment of wages or filing claims against the property, but its success is contingent upon the financial status of the defendant. For an evaluation of the practicality of litigation under the circumstances, counsel may be requested from a personal injury attorney.

In every state, a hit-and-run incident is illegal and penalized with criminal charges. These penalties are usually very minor in the case of simple property damage. Harsher penalties are imposed for instances of hit-and-runs where injury or death is involved.

If the driver is never identified

Your insurance will provide benefits to you when the driver responsible for the accident cannot be located. Uninsured motorist coverage, collision coverage, and Med Pay or PIP all operate without requiring identification of the other driver. 

A limited number of jurisdictions operate programs that provide access to state guarantee funds for victims who are unable to identify the at-fault driver. Such programs may not be uniformly accessible or have comparable criteria for relief. Uninsured motorist claims in first-party insurance are the most common in the context of pursuing pain and suffering damages. UMBI covers these non-tangible damages until policy limits are reached. 

According to Med Pay and PIP, all first-party coverages provide protection only for economic losses. UMBI covers non-economic damages, which makes it necessary to maintain coverage at substantial policy limits.

What You Do in the First Hours Determines Your Options Later

Most hit-and-run incidents create frustration since the responsible party has created obstacles that prevent you from holding them liable. Police officers’ actions at the accident scene and their subsequent actions determine which compensation sources provide which amounts to victims. 

A police report filed promptly, thorough scene documentation, early preservation of nearby camera footage, and timely notification to your insurer all work together to protect your claim whether the driver is eventually identified or not. 

A personal injury attorney helps you determine your complete claim value and handles your insurance matters. These legal professionals will help you obtain all possible forms of compensation.

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Sue Baxter

Susie Young Baxter, CEO, has published PanoramaNOW Magazine for 31 years. Her hobbies are Camping, Boating, Hiking, Nature, Gardening and Outdoor Activities. She is an Artist, Graphic Designer, an Avid Seamstress, Dabbles in Homemade Crafts and Landscaping. Since her Father was a Health Teacher, she also likes homeopathic Health Solutions. Since blogging started over 10 years ago, PanoramaNow has been added to Newsbreak – a national news affiliate.