Fleeing the scene of a crime, such as a hit and run, is not only highly illegal, but is also equally morally reprehensible. It’s even worse when you consider almost 5% of all hit-and-run collisions result in at least one fatality. If you’re fortunate you may just have had your car damaged while it was in a parking lot. But for most people a hit and run accident means far more serious damage to both the automobile and the people traveling in it.
The main issue around claiming damage after an accident of this type is that, by their nature, these cases are very difficult to prosecute i.e. the defendant fled the scene of the crime.
Can Identify Other Driver
In a very rare number of cases, you may be lucky enough to get the license plate number of the driver who hit you, and for that person then to be tracked down by the police.
When the case is brought to court the first difficultly for the plaintiff (you) is proving that the owner of the car and the person driving the car when the accident occurred are the same person. Courts take a very dim view of hit and run drivers, usually levying the maximum possible criminal and financial penalties against them. The level of damages you’re entitled to will depend on what state you reside in.
It’s also worth mentioning that even if the owner of the car denies they were driving it at the time of the accident, they still have a duty of care in ensuring that the car would not be driven by another person likely to cause an accident. This leaves them legally liable for you to claim damages against them. In situations where you’re struck by a company car, then the company owners are liable for damages against them.
So, in cases where you can identify the person responsible for the hit and run, you can sue them for pain, loss of earnings, medical expenses, etc.
Unable To Identify Other Driver
Most hit and run drivers don’t hang around after an accident for a number of reasons, including outstanding warrants, they’re intoxicated, driving impaired due to drug usage, they have no insurance, their license is suspended, or they’re an illegal immigrant.
When you can’t locate the at-fault driver means having to claim against your own insurance company, which may also drive up your insurance premium over the short term. In the “no fault” states of DC, Florida, Hawaii, Kansas, Kentucky, Massachusetts, North Dakota, Pennsylvania, Utah, Michigan, Minnesota, New Jersey and New York, your insurer will pay for some or all your costs and medical expenses regardless of who was at fault in the accident.
Many states also provide a “victims compensation fund”, allowing you to recoup at least some of your costs and medical expenses, which is the only option you will usually have available to you in a hit and run accident scenario.
What You Need
Hindsight is always 20-20 in situations where you’ve been involved in a hit-and-run accident but try to record as many details of the incident as possible, including the license plate number, color and make of the car, and also the time and place of the accident.
Look for eyewitnesses in the area and get their contact details if possible. CCTV cameras are one of the best ways to gather information on a hit and run, possibly even allowing you to identify the car that hit you, and the driver responsible for the accident. So, check with local garages, parking lots, grocery stores, etc., to evaluate if they captured any footage of the hit and run taking place.