Mistakes Injured People Make After a Hit and Run Accident That Eliminate Their Legal Options
A hit and run accident is uniquely disorienting. Someone caused serious harm, drove away, and left you dealing with the consequences alone. The sense of helplessness that follows is real. And unfortunately, it leads many injured people to assume they have no legal options worth pursuing.
The attorneys at Andersen & Linthorst work with hit and run victims who came in convinced there was nothing to be done. A drunk driving accident lawyer will tell you that the departure of the at-fault driver doesn’t automatically close every avenue of recovery. What does close those avenues, often permanently, is what the injured person does or doesn’t do in the immediate aftermath. Here is where people go wrong most often.
Assuming No Driver Means No Claim
This is the most costly assumption hit and run victims make. Gone doesn’t mean uninsured.
Your own auto insurance policy may contain coverage specifically designed for this situation. Uninsured motorist coverage applies in many states when the at-fault driver is unidentified or uninsured. That coverage was designed exactly for hit and run scenarios.
According to the Insurance Information Institute, a significant percentage of drivers involved in accidents carry no insurance or inadequate coverage. Uninsured motorist protection exists because of that reality. Whether your policy includes it and how to properly activate that coverage are questions an injury attorney can answer quickly.
Not Reporting the Accident to Police Immediately
This one matters more in hit and run cases than in almost any other accident type. A police report establishes an official record that a hit and run occurred. That record is often a condition of making an uninsured motorist claim under your own policy.
Many insurance policies have specific requirements around timely reporting of hit and run accidents. Failing to call police promptly can create grounds for the insurer to dispute or deny coverage, even when your policy would otherwise apply.
Call. Immediately. Even if the other vehicle is gone and you believe there’s nothing for police to do.
Leaving the Scene Without Gathering Available Evidence
The other driver is gone. Evidence is not. Before leaving the area, if you’re physically able:
- Photograph the scene, your vehicle, and any visible damage
- Note the direction the vehicle fled and any partial plate information
- Identify and speak with any witnesses who saw the accident
- Look for nearby businesses or traffic cameras that may have captured the incident
- Document road conditions, lighting, and any relevant signage
Surveillance footage in particular disappears fast. A nearby gas station, retail store, or traffic camera may have recorded the vehicle. That footage can sometimes be the difference between identifying the driver and never knowing who caused the accident.
Not Seeking Immediate Medical Attention
Medical treatment after a hit and run serves the same purpose it does after any other accident. It documents the connection between the collision and your injuries, creates a treatment record, and protects against insurer arguments that the injuries didn’t result from the incident or weren’t serious.
According to the CDC, injuries from motor vehicle incidents frequently have delayed presentations, particularly soft tissue injuries and head trauma. Getting evaluated promptly, even if you feel manageable in the moment, protects both your health and your claim.
Notifying Your Insurer Without Understanding Your Policy First
You have an obligation to report the accident to your insurer. But how you report it, and what you say during that initial contact, can affect your claim. Understanding what coverages your policy includes before that conversation gives you a clearer picture of how to approach it.
Relevant coverages to look for include:
- Uninsured motorist coverage for bodily injury
- Uninsured motorist coverage for property damage
- MedPay or personal injury protection for immediate medical costs
- Collision coverage for vehicle damage
An injury attorney can review your policy before you make that call and advise you on how to present the claim in a way that accurately reflects your situation and doesn’t inadvertently undermine your own coverage.
Giving Up When the Driver Is Never Identified
Even if the driver is never found, that doesn’t mean the claim dies entirely. Depending on your state and your policy, an uninsured motorist claim can proceed against your own insurer without the driver’s identity being established.
State uninsured motorist laws vary considerably, and the procedural requirements differ. But walking away from a claim because the driver wasn’t caught is a decision that should follow a legal consultation, not precede one.
If you’ve been injured in a hit and run accident, we encourage you to speak with a personal injury law firm before drawing any conclusions about what compensation may still be available to you.