A hit-and-run accident is one of the most stressful and confusing situations a person can face. You may have been left injured, your vehicle damaged, and without the crucial information needed to file an insurance claim, like the at-fault driver’s identity or insurance details. Worse, you may feel alone, unsure of where to turn for help.
At The Rothenberg Law Firm, our personal injury lawyers understand the pain, frustration, and fear you may be experiencing. With over 50 years of success advocating for accident victims, we have secured billions in compensation for clients who trusted us to fight for their rights.
If you or someone you love has been injured in a hit-and-run accident, you don’t have to face this alone. Our experienced team of trial lawyers is here to guide you through the legal process and work tirelessly to get you the compensation you deserve.
What is a Hit-and-Run Accident?
A hit-and-run accident occurs when a driver involved in a crash leaves the scene without stopping to identify themselves or render aid. These accidents can happen in various scenarios, including:
- A vehicle struck another car and fled the scene.
- A driver hitting a pedestrian or cyclist and failing to stop.
- A motorist damaged property and drove away without reporting the incident.
Leaving the scene of an accident is not only unethical but also illegal. Laws across the United States require drivers to remain at the scene of an accident to provide identification and, if necessary, help anyone who has been injured.
Who Pays for Damages in a Hit-and-Run Accident?
Determining who will pay for your damages in a hit-and-run accident can be complicated, especially when the at-fault driver is never identified. Fortunately, there are legal pathways to pursue compensation:
Uninsured Motorist (UM) Coverage
Most states, including New York, New Jersey, and Pennsylvania, require or strongly encourage drivers to carry uninsured motorist (UM) coverage as part of their auto insurance policy. If you have UM coverage, it can step in to cover your damages and injuries in a hit-and-run accident. Even if UM coverage isn’t mandatory in your state, you may have purchased it as an add-on. A lawyer can review your policy to help determine your available options.
Personal Injury Protection (PIP) Coverage
In no-fault insurance states like New York and New Jersey, personal injury protection (PIP) coverage can cover your medical expenses, regardless of who caused the accident. However, PIP does not typically cover non-economic damages like pain and suffering. A lawyer can evaluate whether other insurance options may provide additional compensation.
Filing a Lawsuit Against the At-Fault Driver
If the hit-and-run driver is eventually identified, you may be able to file a personal injury lawsuit to hold them accountable. This can cover a wide range of damages.
Common Challenges in Hit-and-Run Claims and How a Lawyer Can Help
Hit-and-run claims are inherently more complicated than typical car accident cases due to the absence of the at-fault driver. Here are some of the common challenges victims face and how a lawyer can help overcome them:
Insufficient Evidence to Identify the At-Fault Driver
When a driver flees the scene, they leave victims with little information to pursue a claim. Evidence such as witness statements, surveillance footage, or physical debris from the at-fault vehicle is critical to building a strong case. However, gathering this evidence can be difficult.
A lawyer can assist by working with law enforcement, hiring investigators, and obtaining traffic or security camera footage. These steps can increase the likelihood of identifying the driver or building a case using circumstantial evidence.
Insurance Companies Disputing Coverage Under UM Policies
Even when uninsured motorist coverage applies, insurance companies may attempt to deny or minimize payouts. They might argue that the policy terms don’t cover your specific situation or challenge the severity of your injuries.
An attorney can interpret your policy terms, provide the necessary documentation to substantiate your claim, and push back against unfair denials. By negotiating with insurers, your lawyer ensures you receive the compensation you’re entitled to.
Delayed Reporting and Its Impact on Claims
Some victims delay reporting a hit-and-run accident out of shock or uncertainty about what to do next. Unfortunately, this delay can complicate claims, as insurers often require prompt reporting.
A lawyer can help mitigate the impact of delayed reporting by gathering medical records, witness accounts, and other evidence that justifies the delay. They can also handle all communication with the insurance company, protecting your rights throughout the process.
How Insurance Companies Handle Hit-and-Run Claims
Insurance companies are businesses whose goal is to minimize payouts whenever possible. Victims of hit-and-run accidents often encounter several tactics designed to reduce or deny their claims:
Misinterpreting Policy Terms
Insurance adjusters may claim that your policy doesn’t cover hit-and-run accidents or argue that certain damages fall outside the scope of your UM coverage. A car accident attorney can review your policy in detail and identify any misinterpretations or bad-faith practices by the insurer. A lawyer can hold the insurer accountable by presenting a clear case supported by evidence.
Undervaluing Damages
Insurance companies often underestimate the financial impact of an accident, offering settlements that fail to cover all your expenses. A lawyer can calculate the full extent of your damages, including future medical needs and non-economic losses like pain and suffering. They will negotiate aggressively to ensure the settlement reflects your actual losses.
Disputing Whether UM Coverage Applies
In some cases, insurers may argue that your uninsured motorist coverage does not apply to the hit-and-run, claiming the circumstances don’t meet the policy’s requirements. Your attorney will gather and present evidence proving that UM coverage applies. They can take the case to court to compel the insurer to honor the policy if necessary.
Emotional and Psychological Impact of a Hit-and-Run Accident
The trauma of a hit-and-run accident extends beyond physical injuries. Many victims experience emotional and psychological effects, such as:
- Anxiety: Fear of driving or walking near traffic.
- Anger: Frustration at the lack of accountability.
- Vulnerability: Feeling unsafe or unsupported in the aftermath.
Compensation from a claim can help address these issues by covering therapy or counseling. Emotional recovery is just as important as physical healing; financial support can give victims the resources they need to regain a sense of security and control.
Examples of Damages You Can Recover After a Hit-and-Run
Victims of hit-and-run accidents may be entitled to recover several types of damages, including:
Economic Damages
- Medical Bills: Emergency care, surgeries, medication, and physical therapy.
- Lost Income: Wages lost during recovery and diminished earning capacity.
- Property Damage: Repairs or replacement for your vehicle and other damaged property.
Non-Economic Damages
- Pain and Suffering: Compensation for physical pain caused by your injuries.
- Emotional Distress: Damages for anxiety, depression, or trauma.
- Loss of Enjoyment of Life: Compensation for the inability to participate in activities you once enjoyed.
Why Documentation Matters
To secure full compensation, your lawyer will work to document every aspect of your damages. Medical records, receipts, and detailed notes about how the accident has affected your life can strengthen your claim. A lawyer can help compile and present this evidence effectively.
If the Hit-and-Run Driver Is Found and Charged, Does That Affect My Claim?
If a hit-and-run driver is found and charged, the criminal charges against them generally do not directly affect your personal injury claim. However, important connections between the criminal case and your civil claim may influence your ability to recover compensation. Here’s how criminal charges may impact your personal injury case:
Evidence from the Criminal Case Can Strengthen Your Claim
In a personal injury case, you must prove that the hit-and-run driver’s negligence caused your injuries. If the driver is charged with a crime, such as fleeing the scene of an accident or reckless driving, evidence from the criminal case—such as police reports, witness statements, or accident reconstructions—can support your civil claim.
Additionally, a conviction in a criminal case can be used as evidence of fault in your personal injury lawsuit, making it easier to prove liability.
Criminal Penalties Are Separate from Civil Damages
Criminal charges focus on punishing the driver for breaking the law, while personal injury claims seek to compensate you for your losses. Even if the driver faces jail time, fines, or license suspension, these penalties do not provide financial relief for your medical bills, lost wages, or pain and suffering. You will still need to pursue a civil claim or lawsuit to recover damages.
Restitution in Criminal Cases
In some criminal cases, the court may order the hit-and-run driver to pay restitution to the victim. Restitution is intended to cover certain out-of-pocket expenses, such as medical bills or property damage.
However, restitution awards are often limited and may not fully compensate you for all your losses. A personal injury claim allows you to seek broader damages, including non-economic losses like pain and suffering.
The Statute of Limitations Still Applies to Your Civil Case
Even if criminal charges are pending, the statute of limitations for your personal injury claim remains in effect. You must file your civil claim within the time limits set by state law, regardless of the status of the criminal case.
A Lawyer Will Coordinate Both Processes
Navigating a personal injury claim while a criminal case is ongoing can be complex. A skilled lawyer can:
- Monitor the criminal case for evidence that supports your civil claim.
- Ensure your claim is filed on time.
- Help you pursue full compensation beyond any restitution ordered in the criminal case.
If you’ve been injured in a hit-and-run accident and the driver has been located, The Rothenberg Law Firm is here to help. Whether or not the driver faces criminal charges, we will fight for the compensation you deserve.
Frequently Asked Questions About Hit-and-Run Claims
What Happens If the Driver Is Found After I File a Claim?
If the driver is identified after you’ve filed an uninsured motorist claim, you may be able to pursue additional compensation through a lawsuit against the at-fault driver. Your lawyer can adjust your legal strategy to include claims against their insurance.
Can I Sue a Hit-and-Run Driver if They Are Caught?
Yes, if the driver is located, you can file a personal injury lawsuit to recover damages. This may include compensation for medical expenses, lost wages, and non-economic damages like pain and suffering.
How Long Do I Have to File a Claim After a Hit-and-Run Accident?
The statute of limitations varies by state. For example:
- New York: Three years for personal injury claims.
- New Jersey: Two years for personal injury claims.
- Pennsylvania: Two years for personal injury claims.
Consult a lawyer as soon as possible to ensure compliance with these deadlines.
Will My Insurance Rates Increase If I Use UM Coverage?
In most cases, using uninsured motorist coverage for a hit-and-run accident should not increase your rates, as the accident was not your fault. However, insurance companies sometimes raise premiums regardless. A lawyer can help you navigate these discussions with your insurer.
Why You Need a Lawyer for a Hit-and-Run Claim
Filing a claim after a hit-and-run accident is rarely straightforward. Insurance companies often prioritize their bottom line, not your recovery. Working with The Rothenberg Law Firm lets you focus on healing while we handle the legal complexities. Here’s how we can help:
- Investigating the Accident: We will work with law enforcement, gather evidence, and locate witnesses to identify the hit-and-run driver whenever possible.
- Negotiating with Insurance Companies: Your personal injury attorneys will handle communications with insurers to ensure they treat your claim fairly.
- Pursuing Maximum Compensation: Whether through UM coverage, PIP benefits, or a lawsuit, we will fight for the full amount you deserve.
The Rothenberg Law Firm: Fighting for Hit-and-Run Victims
For over 50 years, The Rothenberg Law Firm has been dedicated to helping accident victims secure justice. Our attorneys have recovered billions of dollars for clients across New York, New Jersey, Pennsylvania, and beyond. If you’ve been injured in a hit-and-run accident, don’t wait to get the legal support you need.
Contact Us Today
You shouldn’t have to pay the price for someone else’s negligence. Call The Rothenberg Law Firm to schedule a free consultation. Let us take the burden off your shoulders so you can focus on what truly matters—your recovery. Call our office at 800-624-8888 or contact us online to get started.
