Injured in a Hit-and-Run Accident? Here Are Your Legal Options

Every car accident is stressful, but hit-and-runs add a whole new layer of stress and overwhelm the chaos. When someone hits you and flees the scene, they are both breaking the law and breaking the basic rules we follow in society. You are left with a damaged vehicle, injuries, an incomplete police report, and no clue about what to do next.

It is important to reach out to a car accident lawyer as soon as possible after a crash. You have legal options, and it is important that you protect your rights while holding the negligent driver accountable. Call Rocky McElhaney Law Firm: Car Accident & Injury Lawyers today to set up a consultation now.

Defining hit-and-run accidents

A hit-and-run occurs when a driver causes a collision and leaves the scene without reporting the crash, leaving their name, providing contact details, or giving the other driver insurance information. A driver may technically commit a hit-and-run even if they stop at the scene and then leave without giving the other driver the contact information they need to follow up. These collisions may also involve bicyclists and pedestrians.

Drivers flee the scene of a crash for a variety of reasons. They may not have insurance, know that they are under the influence, have a warrant out for their arrest, or fear the police. Ultimately, it does not really matter why they flee, it is illegal and they must be held accountable.

Common injuries from hit-and-run collisions

If you have been involved in a hit-and-run, you could be left nursing a variety of injuries. Commonly reported injuries include:

• Head and neck trauma
• Traumatic brain injuries
• Lower back injuries
• Spinal cord damage
• Broken bones
• Cuts and bruises
• Soft tissue damage
• Psychological injuries, including PTSD

Some of these injuries can be difficult to diagnose right away, especially when your body is flooded with adrenaline after a crash. This sensation is often even worse in hit-and-runs, because your adrenaline spikes when you are trying to catch the other driver’s license plate number or stop them from leaving. This is why it is so important to seek medical care after a crash. Identifying and treating injuries as early as possible is crucial.

Different types of insurance coverage for hit-and-run accidents

One of the biggest challenges you may face after a hit-and-run is trying to figure out who pays for your losses. In a normal car accident, you have the other driver’s statement, contact information, and insurance information. In this type of collision, you may be working off a vague vehicle description and a partial license plate. The good news is that there are different types of insurance that may be able to help you.

In Tennessee, UM bodily-injury coverage may apply when the at-fault driver is unknown, but only if you meet statutory requirements (physical contact or corroborating evidence, timely police report, and reasonable efforts to identify the driver). UM property-damage coverage is optional.

Collision coverage is another type of insurance that can be helpful in this type of accident. You do have to pay a deductible, but that is often significantly less than you would pay if you were fixing your car out-of-pocket. Collision insurance pays for repairs to your vehicle, regardless of who is at fault for the accident.

Importantly, Tennessee does not have personal injury protection coverage. Tennessee is not a no-fault state, so drivers do not have to carry PIP. However, you may be able to opt in to medical payments coverage as part of your insurance policy. Medical payments coverage pays for your medical bills regardless of who is at fault for the accident.

What happens if you cannot identify the other driver?

Your insurance company and the police will conduct their own investigations to try to find the missing driver. Cameras are everywhere, and they may identify the other driver via red light cameras, surveillance footage, and doorbell cameras. If you catch even part of the car’s license plate, they may be able to use that to find the driver.

Even if the other driver is never found, you can still pursue compensation through your own insurance company. Your car accident lawyer can help explore different options that fit your needs and the coverage you currently have.

Legal options for victims of hit-and-run collisions

If the other driver is found, and they often are, thanks to surveillance footage and social media, you can file a personal injury lawsuit and seek compensation from their insurance company. If the other driver cannot be located, you may have to file an uninsured motorist claim through your own insurance policy. Your car accident lawyer may also be able to identify other potentially liable third parties, which may allow you to seek compensation from them.

There is another option to look into. When a victim suffers serious injuries and the other driver flees the scene of the accident, they may qualify for compensation from the state via the Criminal Injuries Compensation Fund (depending on eligibility requirements and the nature of the crime). The requirements for this program are stringent, so it is important to look into it early.

Filing a claim after a hit-and-run

You should start by filing a police report as soon as possible after a hit-and-run. This will be important regardless of whether you identify the driver or not. Notify your insurance company of the crash as soon as possible so they can begin their investigation. If the other driver is found, you can follow the standard personal injury claim process to recover your losses. If they are not identified, you can file an uninsured motorist claim with your insurance provider. In both cases, it is important to make sure that the insurance company does not undervalue your claim, downplay the severity of your injuries, or otherwise deny you compensation that you deserve.

Start your case with Rocky McElhaney Law Firm

The team at Rocky McElhaney Law Firm: Car Accident & Injury Lawyers is here to help you recover after a hit-and-run. Schedule your consultation now by contacting us online or calling us today.