Hit-and-Run Accidents in the United States – Legal Options for Victims

Being struck by a driver who then speeds away from the scene is a very scary and confusing experience. It can leave you feeling lost physically, emotionally, and legally. 

Since the person responsible for the crash is gone, the first question most victims ask is whether they have any way to get help when the driver cannot be found. 

The good news is that in most cases, there are still several legal paths you can take to get the compensation you need to recover.

How Common Are Hit-and-Run Accidents?

These accidents happen much more often than most people realize. The AAA Foundation for Traffic Safety reported that a hit-and-run crash happens once every 43 seconds on average in the United States. 

In 2022, there were 2,361 deaths caused by hit-and-run accidents. This number represents about one out of every five pedestrian deaths in the entire country. 

While these crashes happen most often in busy city areas, they are also dangerous in rural areas. In the countryside, it often takes longer for an ambulance to arrive, and there are fewer witnesses around to help identify the fleeing vehicle.

Immediate Steps That Protect Your Legal Options

What you do in the first few minutes after a hit-and-run is very important for your future legal claim. 

First, call 911 immediately. An official police report is the most important document for your insurance company and any future lawsuit. 

Next, document everything at the scene by taking photos of vehicle damage, tire marks on the road, and the general area. Try to write down any details you remember about the car that left, such as its color, make, model, or even a part of the license plate number. 

You should also talk to any bystanders and get their contact information, as they might have seen something you missed. 

Finally, see a doctor right away. Sometimes the shock of an accident can hide injuries that will only start to hurt a few hours or days later.

When You Have To Use Your Own Insurance 

If the driver who hit you is never found, your own car insurance policy usually becomes the main source of money for your recovery. Specifically, you will look at your uninsured motorist (UM) coverage. 

This part of your policy treats a hit-and-run driver exactly like a driver who has no insurance at all. This coverage can help pay for your medical bills, the money you lost from missing work, and your pain and suffering. 

Uninsured Motorist Coverage Requirements By State

The rules for this type of insurance change significantly depending on which state you live in. These are generally divided into three categories.

Mandatory Coverage States

In “mandatory” states like New York, North Carolina, and Maryland, insurance companies must offer this coverage, and drivers are required by law to have it. This ensures a clear path to compensation for victims.

Opt-Out States

In “opt-out” states, the insurance company is required to offer the coverage, but you have the choice to decline it in writing. If you did not explicitly sign a waiver, you likely still have this protection.

Optional Coverage States

In “optional” states, the coverage is available if you want it, but the law does not require you to carry it. If you live in one of these states and choose not to buy it, you may have very few options to get help if the driver is never caught.

A hit-and-run accident does not mean you have no legal rights. Between your own insurance, police investigations, and special state funds, there are many ways to get the money you need. 

If you have been involved in a hit-and-run accident, talk to an attorney today.

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