How Do Car Accident Settlements Work in Hit-and-Run Cases?
Car accidents take the lives of tens of thousands of people each year and leave millions more injured. What’s shocking about this is that human behavior accounts for 70% of these crashes. This might explain why some people choose to flee the scene to escape repercussions. (1) (2)
If you find yourself caught up in one such situation, you may wonder: how do car accident settlements work in hit-and-run cases? You’ve come to the right guide.
Here are aspects you need to know.
Uninsured/Underinsured Motorist Coverage (UM/UIM)
Numbers show that about 15% of motorists do not have insurance coverage. There’s another group of concern, too: the underinsured. A UM/UIM coverage takes care of costs up to the limits of your policy in case one such driver rams you or take off.
Say, the other driver caused USD$10,000 in damage to your car and left you with medical bills totaling USD$5,000. Your UM/UIM would cover those costs up to the limits of your policy. So, if your coverage maxes out at USD$20,000, you’ll be well taken care of. (3)
Reporting the Accident
The first thing you should always do after a crash is call the police, regardless of the offending driver’s actions. The police department will get you an official report that may come in handy somewhere down the road.
When reporting, try to remember details like what the car looked like. If there are witnesses, even better. Take their contact details and witness statements, as they can help identify the driver later.
Filing an Auto Accident Claim
Once the dust settles, file a claim with your auto insurance company. Your insurer will assign an insurance adjuster to do a claim evaluation on your case. They’ll ask for documentation, so gather everything you can think of, be it photos of the damage to your car, surveillance video footage, medical records showing injuries, vehicle information and so on.
At this point, involving injury lawyers at Grossman Law Firm or others close to you may work to your advantage. Car insurance industry professionals have a job to do, and it is to minimize payouts while still following the rules.
A good lawyer knows how to fight for you. They’ll handle the settlement negotiations with the insurance company on your behalf, and make sure you get what you’re owed in line with the policy. Make sure the personal injury attorney you go for has experience in such cases before bringing them on board.
Pursuing the At-Fault Driver
If the police eventually track down the driver, you’re staring at a whole new scenario. You’ll not have to fully rely on your UM/UIM coverage. You may have the option to pursue the at-fault driver directly.
However, suing someone isn’t always worth it. If the at-fault driver has no assets or insurance, you might win the lawsuit but never collect the money. It’s therefore, wise, to look into their financial situation before taking legal action.
In some cases, though, pursuing the at-fault driver makes a lot of sense. For instance, if they caused severe injuries or intentionally fled the scene, you might seek punitive damages.
Statute of Limitations
Every state has a legal deadline for filing claims or lawsuits. If you miss it, you lose your right to seek compensation. The time limit varies depending on where you live and the type of claim. For example, in many states, you have two years to file a personal injury lawsuit after a car accident.
Property damage claims might have a shorter deadline, around one year. As soon as the accident happens, look at your state’s law. Note down the deadline and begin the post-accident process. Better yet, bring in a lawyer earlier so you’re on track.
Compensable Damages
There are three main categories of damages in these types of lawsuits:
Economic Damages
These are the tangible losses you can easily quantify with receipts or bills. Some common examples are medical expenses, lost wages, property damage, and so on.
Non-Economic Damages
Non-economic damages don’t come with a receipt and may be relatively harder to quantify. They basically focus on how the hit-and-run accident impacted your life.
One common example of non-economic damage is pain and suffering. This is the physical discomfort and emotional distress caused by your injuries. Loss of enjoyment focuses on activities you used to love doing but no longer can, be it traveling or playing sports.
Emotional trauma is another aspect. Anxiety, depression and PTSD from an accident might not show up on receipts, but they are bound to affect your life.
Punitive Damages
It’s not easy for the court to award punitive damages, but there are cases where it happens. These penalties punish the at-fault driver for particularly reckless behavior, like drunk driving or fleeing the scene intentionally.
In Closing
There’s no question that a hit-and-run accident can leave harrowing effects in its wake. However, when you know how car accident settlements work in this situation, you have an avenue to at least rebuild your life.
Use the tips you’ve encountered in this guide to help you during these times. Talk to a personal injury lawyer you can trust, as well, and let them help you to successfully navigate this situation.
