Your Guide to Hit-and-Run Claims: From Scene to Settlement

What Is Classified as a Hit-and-Run?

An accident is considered a hit-and-run when the responsible party flees the scene of a crash without providing their contact or insurance information or assisting anyone who may be injured. These incidents can involve other vehicles, pedestrians, or even stationary objects like street signs or parked cars.

Unlike other car accidents, where involved parties exchange information and assist each other as needed, a hit-and-run is marked by one driver’s failure to fulfill these legal and moral obligations. This irresponsible action leaves the other party vulnerable, often with damaged property or injuries and no clear avenue for compensation.

Legal implications and variations

The legal consequences of a hit-and-run vary by state but are generally severe. In many cases, fleeing the scene of an accident is considered a criminal offense. A hit-and-run may be classified as a misdemeanor for incidents involving property damage. However, if the accident results in injury or death, the offense can escalate to felony charges, carrying potential fines and jail time. This reflects the severe nature of abandoning an accident scene and underscores why law enforcement takes these incidents seriously.

Immediate Actions to Take

Safety should always be your first priority. If possible, ensure that you and any passengers are moved to a location safe from traffic. It's important to check for injuries, which might not be immediately apparent due to adrenaline. Should there be a need for medical attention, contacting emergency services promptly is crucial, as timely care is vital following an accident.
Next, document the scene of the accident thoroughly. Take photos of the damage to your vehicle, the surrounding area, and any injuries. If you remember any details about the fleeing vehicle—such as its color, make, model, or part of the license plate number—note them. Additionally, collect contact information from witnesses present, as their statements can strengthen your claim.

Finally, file a police report. This official record is crucial for your insurance claim and provides law enforcement with the details to investigate the hit-and-run. Be sure to share all your information with the officers, who can help identify the party responsible.

What not to do after a hit-and-run

It’s natural to feel a surge of adrenaline after a hit-and-run, but certain actions can complicate the situation.

• Do not chase the other driver: Although you might feel tempted to pursue the fleeing driver, staying at the scene is crucial. Chasing them could escalate tensions, increase your risk of harm, and even lead to another accident. Staying put ensures your safety and allows you to focus on gathering the necessary information for the authorities
• Do not skip filing a police report: Failing to report the incident can severely hinder your claim. A police report provides an official record of the hit-and-run, which is crucial for your insurance claim and any potential legal actions. An official accident report strengthens your case and ensures that law enforcement is informed and involved
• Avoid admitting fault or speculating about the incident: When speaking with the police or insurance company, stick to the facts without offering personal opinions or guesses. Admitting fault or speculating on what happened can complicate the claims process and potentially affect your compensation. It’s best to let the evidence speak for itself and avoid any statements that could be misconstrued

Does Insurance Cover a Hit-and-Run?

Navigating insurance coverage after a hit-and-run can be tricky, but several types of coverage may apply depending on your policy. Understanding your options can help you secure the compensation you need to cover damages or medical payments.

• Uninsured Motorist Insurance (UMI): Uninsured motorist coverage can protect you if the responsible driver is unknown or lacks insurance. UMI includes two main parts:
  • Uninsured motorist property damage (UMPD): UMPD covers repairs to your vehicle or other property damage caused by an uninsured driver
  • Uninsured motorist bodily injury (UMBI): Covers medical expenses and injury-related costs for you and your passengers
• Collision Coverage: Collision coverage assists in paying for repairs to your vehicle minus a deductible, regardless of who caused the accident. This coverage can be invaluable in hit-and-run situations, ensuring you cannot pay for repairs out of pocket
• Personal Injury Protection (PIP) or MedPay: PIP or MedPay can cover medical expenses in the event of a hit-and-run, regardless of fault. This type of coverage is beneficial after a hit-and-run, as it ensures that medical bills are covered even when the at-fault driver is unknown

Does insurance cover a hit-and-run for a parked car?

If your parked car is hit and the responsible driver fails to leave their contact or insurance information, this incident qualifies as a hit-and-run accident. In such cases, collision coverage can assist with repair costs, subject to your deductible. Comprehensive coverage may also apply under specific policies, providing financial protection for damages caused by an unidentified driver. It’s advisable to review the specifics of your car insurance policy to confirm whether these coverages extend to hit-and-run scenarios involving unattended vehicles.

Filing the Hit-and-Run Insurance Claim

After documenting the incident and filing a police report, your next step is to file a claim with your insurance company.

Notify your insurance company

Contact your insurance agent as soon as possible to report the accident. When you speak to them, provide all relevant details, such as the police report number, photos of the damage, and any eyewitness accounts you’ve gathered. This information helps establish the facts and initiates the claim process. Timely reporting is crucial, as many policies impose deadlines for filing claims following an incident.

Working with the insurance adjuster

After you file your claim, your insurance company will assign an adjuster to assess your case. The adjuster’s role is to review the evidence, evaluate the level of damage, and determine how much compensation you may receive under your insurance policy. They may request additional information or documentation to support your claim, such as repair estimates or medical records. Be sure to record all communications and promptly provide any documents they request, as this can help speed up the process.

Get repair estimates and approval

Many insurers have networks of approved repair shops, making it easy to find a reliable option. However, if you prefer a different repair shop, it’s essential to check with your insurer to confirm that they will cover it under your policy. To ensure quality repairs, it’s best to choose an ASE-certified shop, as these shops meet industry standards for expertise and service. Additionally, some insurers may require you to obtain multiple repair estimates. 

Once you’ve submitted these estimates, the adjuster will carefully review them to confirm they align with the reported damage. After receiving approval, your insurer will process the payment, typically minus any deductible you are responsible for paying.

Addressing potential claim challenges

It’s not uncommon to face challenges during the claims process. Sometimes, insurers may dispute coverage details or the amount of compensation. If you encounter any obstacles, consider consulting with a legal professional to understand your rights better and explore alternative options. Thorough documentation and persistence can help resolve many claim issues, ensuring you receive the compensation you deserve.

Finalizing the claim

Once the adjuster approves the claim, your insurer will issue a payment, either directly to you or the repair shop, depending on your arrangement for handling repair costs. It’s essential to stay in communication with your adjuster throughout the process to ensure everything proceeds smoothly. Should the repair costs exceed the initial estimate, your adjuster can help facilitate any necessary additional approvals, keeping the process on track and minimizing delays.

Additional Financial & Legal Support

In the event your insurance falls short, other resources may be available for additional assistance:

Exploring victim compensation programs

Many states have victim compensation funds that provide financial assistance for expenses not covered by insurance, helping victims manage costs like medical bills, counseling, or lost wages. For instance, California’s Victim Compensation Board (CalVCB) supports victims by covering expenses such as medical treatment, mental health services, and income loss. These programs aim to ease the financial burden on those affected by crimes like hit-and-runs, offering a crucial lifeline when insurance coverage falls short.

Consulting with a personal injury lawyer

In complex hit-and-run cases, legal guidance can be invaluable. An attorney can help you navigate the auto insurance claims process, ensuring all necessary documentation is in order and exploring additional compensation options beyond what your insurance may cover. If your claim is denied or disputes arise, a lawyer can advocate on your behalf, negotiating with the insurance company to reach a fair settlement.

Many personal injury attorneys offer free consultations, allowing you to assess your options and understand your legal rights without any upfront costs. This makes it easier to decide if professional assistance is proper.

Conclusion

Handling a hit-and-run accident requires quick thinking and informed decisions. You can effectively manage the situation by understanding which insurance coverages may apply and exploring resources like victim compensation programs. Taking immediate steps, such as filing a police report and consulting your insurance provider, puts you in control and helps guide you toward the best possible outcome.

Remember, support is available beyond insurance. Resources like state victim compensation funds and legal assistance can provide a financial lifeline, helping cover medical costs, lost wages, and other expenses. With these tools and the proper guidance, you can move forward, knowing that you have options to protect your rights and recover from the unexpected.