What to do in a hit-and-run accident
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By of Strom & Associates, Ltd. posted in Car Accidents on Monday, October 28, 2013.
The AAA said that in 13 of the 17 hit-and-run accidents, the victim died. About 11 percent of crashes nationwide involve a hit-and-run driver, according to data compiled by the AAA Foundation for Traffic Safety. The National Highway Transportation Safety Administration reported an increase of 20 percent between 2000 and 2005 in the number of fatal hit-and-run accidents involving pedestrians.
If involved in a hit-and-run accident, you potentially have an uninsured motorist claim against your insurance company even if you were not driving your car at the time of the accident. This information is not known to many people. There's a mistaken belief that you must be in your car when you are hit in order to file a claim. That's typically not true.
Our firm has seen a rise in uninsured motorist claims in the past 2 years. We've been successful in winning claims despite our clients not operating their vehicle at the time.
What to Do Immediately After a Hit-and-Run Accident
A hit-and-run accident creates two problems at once: the crash itself and the fact that the at-fault driver may not be available to identify, question, or insure the claim. That makes early action especially important.
Get to safety and call 911
Move out of traffic if you can do so safely. Call police and request medical help if anyone is hurt. A police report is often important later because it documents that the other driver fled.
Do not chase the fleeing driver
Trying to follow the driver can put you at greater risk and may make the situation more dangerous. Instead, focus on details you can safely remember or document.
Write down every detail you remember
Record the vehicle color, make, model, license plate numbers or partial plate numbers, direction of travel, driver description, damage location, and anything unusual about the vehicle.
Look for witnesses and cameras
Nearby businesses, homes, buses, rideshare vehicles, parking lots, traffic cameras, dashcams, and doorbell cameras may have footage that disappears quickly.
Get medical care promptly
Even if symptoms seem manageable, get checked out. Delayed neck pain, back pain, concussion symptoms, shoulder injuries, and knee injuries are common after vehicle crashes.
Notify your own insurance company carefully
Your own insurer may be involved because of uninsured motorist coverage, medical payments coverage, or vehicle damage coverage. Before giving a recorded statement, understand what coverage may apply.
What Insurance May Apply After a Hit-and-Run?
A hit-and-run case is different from a normal car accident because the at-fault driver may never be identified. That does not automatically end the claim. The key is identifying every possible source of recovery.
| Possible Coverage | What It May Cover | When It May Matter | What to Check |
|---|---|---|---|
| Uninsured motorist bodily injury coverage | Medical bills, lost income, pain and suffering, and injury-related losses caused by a hit-and-run or uninsured driver. | When the fleeing driver is never found or has no available liability insurance. | Your auto policy, household policies, policy limits, notice deadlines, and whether you were driving, riding, walking, or biking. |
| Medical payments coverage | Medical expenses up to the policy limit, regardless of who caused the crash. | When immediate medical bills are piling up before the injury claim is resolved. | Whether your policy includes medical payments coverage and what limit applies. |
| Collision coverage | Vehicle repair or replacement, usually subject to a deductible. | When your car is damaged and the fleeing driver cannot be found. | Your deductible, rental coverage, repair estimates, and whether the insurer is treating the crash as a hit-and-run. |
| Health insurance | Medical care after the crash, subject to deductibles, copays, liens, or reimbursement claims. | When treatment is needed before the injury claim or insurance dispute is resolved. | Billing records, health insurance liens, repayment claims, and whether providers coded the care correctly. |
| Workers’ compensation | Medical care and wage benefits if the hit-and-run happened while the injured person was working. | For delivery drivers, rideshare drivers, commercial drivers, road workers, utility workers, or employees traveling for work. | Whether the crash happened in the course of employment and whether a third-party injury claim also exists. |
| Other policies in the household | Additional uninsured motorist coverage may be available depending on the policy language and who qualifies as an insured. | When the injured person was a pedestrian, cyclist, passenger, child, spouse, or family member living in the same household. | Every auto policy in the household, not just the policy for the vehicle involved in the crash. |
Hit-and-Run Claims Are Different Depending on How You Were Hit
The original article correctly points out that you may have an uninsured motorist claim even if you were not driving your own car. That issue is often misunderstood. The table below breaks down common hit-and-run scenarios.
| Scenario | Why It Is Different | Important Evidence | Related Resource |
|---|---|---|---|
| You were driving your own vehicle | Your own auto policy may be the starting point for uninsured motorist injury coverage and collision coverage. | Police report, vehicle damage photos, location photos, insurance policy, repair estimate, medical records, and witness information. | Car Accident Lawyer |
| You were a passenger | Coverage may involve the vehicle you were riding in, your own household auto policy, or another available policy. | Driver information, vehicle policy information, police report, crash photos, medical records, and any rideshare or trip details. | Motor Vehicle Accidents |
| You were walking | A pedestrian may still be able to pursue uninsured motorist coverage through a personal or household auto policy. | Intersection photos, crosswalk location, lighting, traffic signal details, camera locations, witness names, and medical documentation. | Pedestrian Accident Claims |
| You were riding a bicycle | A cyclist hit by a fleeing driver may have a claim even though no car was being driven by the injured person. | Bike damage photos, helmet photos, road-condition photos, witness names, medical records, and any GPS or app data from the ride. | Bicycle Accident Lawyer |
| You were in a rideshare vehicle | The claim may involve rideshare coverage, the driver’s insurance, your own policy, or multiple insurers depending on trip status. | Ride receipt, app screenshots, driver details, trip status, police report, vehicle information, and insurer communications. | Rideshare Accident Lawyer |
| Your parked car was hit | The main issue may be property damage rather than injury, unless someone was inside the vehicle at the time. | Photos, debris, camera footage, witness notes, repair estimates, parking location, and police report. | Motor Vehicle Accidents |
Evidence to Preserve After a Hit-and-Run Accident
Hit-and-run claims often turn on proof that the crash happened, proof that another vehicle caused it, and proof that the fleeing driver cannot be identified or had no available insurance. The right evidence can make the difference between a denied claim and a recoverable claim.
Vehicle Details
Write down the make, model, color, license plate or partial plate, direction of travel, damage location, stickers, dents, missing parts, or any unique identifying details.
Crash Scene
Photograph road markings, debris, skid marks, traffic signals, crosswalks, bike lanes, lighting, weather, nearby businesses, and camera locations.
Witnesses
Get names, phone numbers, vehicle information, short statements, and whether witnesses saw the driver flee or can identify the vehicle.
Video Sources
Look for dashcams, CTA or bus cameras, rideshare cameras, doorbell cameras, security cameras, gas stations, restaurants, apartments, and traffic cameras.
Medical Proof
Save emergency records, imaging, therapy notes, prescriptions, referrals, work restrictions, and documentation of delayed symptoms.
Insurance Documents
Keep your declarations page, policy, claim number, adjuster letters, recorded-statement requests, repair estimates, and coverage-position letters.
Why Hit-and-Run Insurance Claims Get Disputed
In a standard crash, the injured person usually makes a claim against the other driver’s insurance company. In a hit-and-run, your own insurer may become the company evaluating the claim. That can create confusion because your insurer may still investigate the claim aggressively.
| Insurance Issue | What the Insurer May Question | How to Strengthen the Claim |
|---|---|---|
| Was there really another vehicle? | The insurer may question whether a hit-and-run driver caused the crash, especially if there was no contact or no witness. | Use police reports, debris, paint transfer, vehicle damage, scene photos, witness statements, and video requests. |
| Was the crash reported quickly? | The insurer may look at when police were called and when the insurance company was notified. | Call police promptly, keep report numbers, save 911 call information, and document all insurer communications. |
| Do you qualify as an insured? | The insurer may evaluate whether you are covered under the policy if you were a pedestrian, cyclist, passenger, or household member. | Review all household auto policies, definitions of insured persons, residency facts, and vehicle ownership details. |
| Were the injuries caused by the crash? | The insurer may argue that injuries were pre-existing, unrelated, delayed, or not serious enough to justify the claim. | Get medical care promptly, follow treatment recommendations, preserve imaging, and document symptoms consistently. |
| What is the claim worth? | The insurer may minimize medical bills, lost income, pain, future treatment, or long-term limitations. | Save bills, wage records, work restrictions, therapy notes, specialist opinions, and evidence of daily-life limitations. |
Common Mistakes After a Hit-and-Run Accident
| Mistake | Why It Can Hurt the Claim | Better Approach |
|---|---|---|
| Leaving without calling police | The insurance company may question whether the crash was actually a hit-and-run. | Call police, make a report, and save the report number. |
| Waiting too long to get medical care | Delayed treatment gives the insurer a reason to argue the injuries were unrelated or minor. | Get checked as soon as possible and follow up if symptoms develop later. |
| Only looking at one insurance policy | Pedestrians, cyclists, passengers, and household members may have coverage under policies that are not obvious. | Review every household auto policy and ask whether uninsured motorist coverage applies. |
| Giving a recorded statement too casually | Your own insurer may use the statement to dispute fault, coverage, injuries, or the value of the claim. | Understand the coverage issues first and avoid guessing about facts you do not know. |
| Assuming no recovery is possible | Many injured people give up because the fleeing driver was not identified. | Investigate uninsured motorist coverage, medical payments coverage, health insurance, and other possible recovery sources. |
| Repairing the vehicle before documenting damage | Damage patterns, paint transfer, debris, and impact points may help prove another vehicle caused the crash. | Take detailed photos before repairs and keep all estimates, invoices, and inspection notes. |
Common Injuries After Hit-and-Run Crashes
Hit-and-run crashes can involve sudden impact, evasive maneuvers, pedestrian impacts, bicycle collisions, or secondary crashes when the fleeing driver forces another vehicle off course.
| Injury Type | Symptoms to Watch For | Helpful Records |
|---|---|---|
| Neck and back injuries | Pain, stiffness, radiating symptoms, numbness, tingling, spasms, reduced movement, or worsening pain after the crash. | ER records, imaging, orthopedic records, physical therapy notes, pain-management records, and work restrictions. |
| Concussion or head injury | Headache, dizziness, confusion, memory problems, nausea, sleep issues, light sensitivity, mood changes, or difficulty concentrating. | Emergency records, neurology notes, imaging, therapy records, symptom logs, and family observations. |
| Fractures and orthopedic injuries | Broken bones, shoulder injuries, knee injuries, wrist injuries, ankle injuries, or injuries requiring surgery or immobilization. | X-rays, MRI reports, surgical records, orthopedic notes, physical therapy records, and impairment evaluations. |
| Pedestrian and bicycle injuries | Road rash, fractures, head injuries, leg injuries, shoulder injuries, internal injuries, and severe soft-tissue trauma. | Scene photos, clothing photos, bike or helmet photos, ambulance records, hospital records, and witness statements. |
| Emotional trauma | Anxiety, fear of driving, sleep disturbance, panic, depression, or stress after being left at the scene by a fleeing driver. | Medical notes, counseling records, prescription records, family observations, and written notes about daily-life changes. |
Hit-and-Run and Motor Vehicle Accident Resources
These pages provide more specific information based on how the hit-and-run happened and what type of insurance or injury claim may be involved.
Frequently Asked Questions About Hit-and-Run Accidents
Can I still bring a claim if the hit-and-run driver is never found?
Yes, a claim may still be possible. Many hit-and-run injury claims are handled through uninsured motorist coverage, which may apply when the at-fault driver fled and cannot be identified.
Can I have an uninsured motorist claim if I was walking or biking?
Possibly. You do not always have to be inside your own car to have coverage. A pedestrian, cyclist, passenger, or household family member may qualify for uninsured motorist benefits depending on the policy language and facts.
Should I call police after a hit-and-run?
Yes. A police report helps document that the crash happened, that another driver fled, where the incident occurred, and whether witnesses or evidence were identified at the scene.
What if I only have a partial license plate?
A partial plate may still help. Write down the partial number, vehicle color, make, model, direction of travel, damage location, and any other details. Police, witnesses, video footage, or nearby cameras may help fill in missing information.
Will my own insurance company automatically pay my hit-and-run claim?
No. Your insurer may still investigate coverage, fault, whether another vehicle caused the crash, the seriousness of your injuries, and the value of the claim. Documentation matters.
What evidence is most important after a hit-and-run?
Important evidence may include a police report, photos, medical records, witness information, vehicle damage, debris, surveillance video, dashcam video, insurance records, and notes about the fleeing vehicle.
What if the hit-and-run happened while I was working?
If the crash happened while you were performing work duties, workers’ compensation may apply. There may also be a separate injury claim or uninsured motorist claim depending on the facts and available insurance policies.
Should I give a recorded statement to my insurance company?
Be careful. Your own insurer may be evaluating the uninsured motorist claim, so the statement can affect coverage, fault, causation, and damages. It is wise to understand your rights before giving a recorded statement.
Questions After a Hit-and-Run Accident?
If you were injured by a driver who fled the scene, Strom Yen Injury Attorneys can review what happened, identify possible insurance coverage, and explain whether an uninsured motorist claim may apply.
Call: (312) 609-0400
or fill out the Contact Form