Quick Answer
Even though Mighty.com is an AI claims helper designed to help you avoid paying a lawyer, we don’t want to undersell what attorneys can do for you.
They are still the most important cog in our legal machinery and can be invaluable. Especially complex cases are where a hit and run lawyer can bring value to your case.
If you don’t want to handle your own hit and run claim with Mighty.com, a specialist lawyer should be your next port of call.
Here’s what you need to know:
Hit and Run Accidents
A hit and run accident happens when someone causes a crash and then leaves the scene without giving their information or helping.
Here’s what you need to know:
- The basics: In a hit and run, one driver hits another vehicle, pedestrian, or property, and instead of stopping to exchange insurance details, they flee the scene.
- Criminal act: Leaving the scene of an accident without providing help or information is illegal. It’s considered a criminal offense in most places, and the driver who fled can be charged.
- Possible consequences for the fleeing driver: The person who leaves the scene can face fines, license suspension, or even jail time, especially if they’re caught.
- What you should do: If you’re involved in a hit and run, it’s important to report the accident to the police immediately. Try to gather any information you can, like the make, model, or color of the car, or the license, even if it’s just a partial.
- Insurance options: If the responsible driver can’t be found, your own insurance may cover damages through “uninsured” or “underinsured” motorist coverage, if you have it.
- Why it’s important: The law holds drivers accountable for accidents they cause, even if they leave. If you’re the victim, you have rights to seek compensation for your damages, and legal help can guide you through the process.
Hit and run accidents can be frustrating, but knowing your rights and options can help you handle the situation more effectively.
Hit and Run Accident Lawyers
If you're a victim of a hit and run, Mighty.com or a lawyer can make a big difference in helping you through the process.
Mighty.com can help you prepare and file a claim but you may need a lawyer in certain circumstances.
Here's how a lawyer can assist:
- Investigating the accident: Help gather evidence to track down the responsible driver. A lawyer may work with the police, review traffic camera footage, or talk to witnesses to find clues.
- Handling insurance claims: Dealing with insurance companies can be tricky, especially in hit and run cases. A lawyer can help you file claims with your own insurance, making sure you get the compensation you're entitled to, even if the other driver is unknown.
- Explaining your rights: You may have rights to compensation for medical bills, car repairs, lost wages, and pain and suffering. A lawyer can explain these rights and ensure you're not taken advantage of.
- Negotiating settlements: If your insurance offer is too low or unfair, a lawyer can negotiate on your behalf to get a better settlement.
- Representing you in court: If the case goes to court, a lawyer will represent you, making sure your case is strong and that you receive a fair outcome.
How to Determine Liability
Determining liability in a hit and run incident can be tricky, but it’s important to figure out who is responsible.
Here’s how liability is typically determined:
Identifying the Responsible Driver
If the driver who fled the scene is found, they’re likely responsible for the accident.
The police will try to locate the driver using evidence like the vehicle’s make, model, color, or license plate information.
Your Own Insurance
If the responsible driver isn’t found, your own insurance might cover the costs. This is where uninsured or underinsured motorist coverage comes into play, if you have it.
This coverage can pay for your medical bills, car repairs, and other damages.
Witnesses and Evidence
If there were any witnesses or surveillance footage, this can help identify the other driver and clarify who is at fault.
Any physical evidence from the scene, like skid marks or car parts, may also play a role in understanding how the accident happened.
Police Reports
After the accident, the police will create a report that may include important details about the scene to help determine fault.
If they find the driver later, they will charge them with leaving the scene, which can affect liability.
Financial Impact of Hit and Run Accidents
The financial impact of a hit and run accident can be significant, affecting you in several ways.
Here’s a breakdown of potential costs:
- Medical expenses: Even minor injuries can result in high medical bills, including doctor visits, hospital stays, surgeries, and rehabilitation.
- Property damage: Repairing or replacing your vehicle can be expensive. In a hit and run, if the other driver isn’t found, you may have to pay for repairs yourself.
- Lost wages: If you're injured and unable to work, you could lose income. This adds up, especially if you must take time off for recovery.
- Pain and suffering: The emotional toll of the accident—stress, anxiety, and long-term physical pain—may also impact your wellbeing. While harder to calculate, compensation for pain and suffering can be part of a settlement.
- Increased insurance costs: Your premiums might rise after a hit and run, especially if you use your own insurance to cover damages or medical bills.
- Legal fees: If you need to take legal action to recover costs, attorney fees can add up. However, many lawyers offer free consultations and work on a contingency basis, meaning they only get paid if you win.
In the end, a hit and run can create unexpected financial burdens. Legal support and the right insurance coverage can help mitigate these costs.
Recoverable Damages in Hit and Run Cases
The recoverable damages of a hit and run closely reflect the financial impact.
You may be entitled to recover several types of damages, depending on the circumstances.
Here’s a look at the key types of recoverable damages:
- Medical expenses: This includes the cost of treatment for injuries you sustained in the accident, such as hospital bills, doctor visits, surgeries, and physical therapy.
- Property damage: You can recover the costs to repair or replace your vehicle or any other property damaged in the accident.
- Lost wages: If the accident caused you to miss work, you could recover income lost during your recovery period. This includes future lost wages if your injuries affect your ability to work long-term.
- Pain and suffering: While more subjective, you can seek compensation for the physical and emotional pain caused by the accident. This can include things like chronic pain, anxiety, or stress from the incident.
- Punitive damages: In some cases, if the hit and run driver’s actions were particularly reckless or egregious, you may be able to recover additional punitive damages meant to punish the wrongdoer.
- Insurance deductibles: If your own insurance is covering the damages (through uninsured motorist coverage), you may be able to recover your deductible as part of the settlement.
Recovering damages ensures that you’re not left paying for someone else’s reckless actions, and legal help can ensure you get the full amount you deserve.
Mighty.com can help.
How Hit and Run Lawyers Can Help Your Case
Hit and run lawyers can make a big difference in helping you navigate the legal process and get the compensation you deserve.
While it’s possible to handle it yourself, there are times when a lawyer is useful.
Here’s how they can assist:
- Investigating the accident: Lawyers can gather evidence, interview witnesses, and work with law enforcement to track down the responsible driver.
- Handling insurance claims: They’ll help you file claims with your own insurance company and make sure you’re properly compensated, even if the driver isn’t found.
- Negotiating settlements: If your insurance offer is too low, a lawyer can negotiate on your behalf for a higher payout.
- Representing you in court: If the case goes to trial, your lawyer will represent you, ensuring your rights are protected and you receive fair compensation.
Having a hit and run lawyer means you have an experienced professional guiding you through the process, so you don’t have to handle it alone.
They may cost a lot, but if you win, those costs should be covered by the claim.
What To Do After a Hit and Run
If you're a victim of a hit and run, it's important to take the right steps to protect yourself and your rights.
Here’s what to do:
Stay at the Scene and Call the Police
Never leave the scene of the accident, even if the other driver fled.
Call the police immediately to report the incident. Their report will be important for your insurance claim and any legal action.
Document the Accident and Scene
Take photos of your vehicle, the accident scene, and any visible damage.
Write down any details you remember about the other vehicle, such as its make, model, color, and license plate number (even if it’s partial). Collect witness information if possible.
Get Medical Treatment If Required
Even if you feel fine, it's important to get checked out by a doctor. Some injuries, like whiplash, might not show symptoms immediately.
Medical records will also be crucial for your insurance claim.
Get Legal Advice
Speak with a lawyer to understand your rights and options if you need to.
A legal professional can help you navigate insurance claims, ensure you’re treated fairly, and help track down the responsible driver.
Hit and Run Frequently Asked Questions
What is a Hit and Run Accident?
A hit and run accident occurs when a driver causes a crash and then leaves the scene without stopping to exchange information or offer help.
This is illegal and can happen in many situations, such as:
- Collisions with another vehicle: A driver hits another car, but instead of stopping to provide details, they drive away.
- Accidents involving pedestrians or cyclists: If a driver strikes a pedestrian or cyclist and leaves without assisting them, it’s also considered a hit and run.
- Property damage: Sometimes, the driver might damage a building, fence, or other property and then flee.
In a hit and run, the at-fault driver is breaking the law by not stopping and fulfilling their legal duties, which include providing their name, contact information, and insurance details.
If you're involved in such an accident, it's important to report it to the police right away and gather any information to help track down the responsible driver.
What’s the difference between a hit and run and a normal car accident?
The main difference between a hit and run and a normal car accident is whether the responsible driver stops to exchange information and offer help.
- Hit and run: The driver causes an accident and then leaves the scene without providing their information or helping the victim.
- Normal car accident: After the accident, the driver stops and follows legal requirements, such as exchanging insurance information, checking on the other party, and reporting the accident to the authorities if necessary.
In a hit and run, the driver avoids responsibility by fleeing, making it harder for the victim to recover damages.
In a normal accident, both parties cooperate, which usually makes it easier to resolve the situation through insurance or legal channels.
What are the consequences of fleeing the scene of an accident?
Fleeing the scene of an accident can have serious consequences.
Here’s what you could face:
- Criminal charges: Leaving the scene of an accident is a criminal offense in most states. Depending on the severity of the crash, you may face misdemeanor or felony charges. If someone is injured or killed, the charges can be much more serious.
- Fines and penalties: If you're caught, you could face significant fines. The amount can vary depending on the severity of the accident and local laws.
- License suspension: Your driver’s license may be suspended or revoked, making it illegal for you to drive for a period of time.
- Jail time: In more serious cases, especially if there’s significant property damage or injury, you could face jail time.
- Insurance consequences: If you’re found guilty of fleeing the scene, your insurance may refuse to cover the costs of the accident, leaving you responsible for damages. Your premiums may also rise significantly in the future.
- Civil lawsuits: Victims of a hit and run can file civil lawsuits to recover damages, and if the driver is caught, they could be held financially liable for medical bills, property damage, and other costs.
The consequences of fleeing are severe and can affect your legal, financial, and personal future. It’s always better to stay at the scene and take responsibility for your actions.
Is a hit and run a crime?
Yes, a hit and run is a crime. It occurs when a driver causes an accident and then leaves the scene without providing their contact information or helping the victims.
This is illegal in most jurisdictions and can lead to serious consequences, including:
- Criminal charges: Fleeing the scene of an accident is a criminal offense, and the driver can face charges such as hit and run or leaving the scene of an accident.
- Felony or misdemeanor: Depending on the severity of the accident, the driver may face felony charges if there are injuries or fatalities, or misdemeanor charges for minor accidents or property damage.
- Fines and jail time: A hit and run can result in hefty fines, and in more serious cases, jail time. If someone is injured or killed, the penalties can be much more severe.
The crime of hit and run is taken very seriously because it leaves the victim without support and can make it harder to recover damages. It's important to always stop after an accident and follow legal procedures.
What damages can I recover after a hit and run crash?
After a hit and run crash, you may be able to recover several types of damages, depending on the situation.
Here’s a breakdown of the most common damages you can recover:
- Medical expenses: This includes the cost of any treatment for injuries you sustained in the accident, such as hospital bills, doctor visits, surgery, medications, and physical therapy.
- Property damage: You can recover the costs to repair or replace your vehicle or other property that was damaged in the accident.
- Lost wages: If you missed work due to your injuries, you could recover the income lost during recovery.
- Pain and suffering: Compensation for the physical and emotional pain caused by the accident. This can include things like chronic pain, emotional distress, anxiety, or post-traumatic stress.
- Punitive damages: If the fleeing driver’s actions were particularly reckless or malicious, you might be awarded additional punitive damages meant to punish them.
- Insurance deductibles: If your own insurance covers the costs (through uninsured motorist coverage), you may be able to recover your deductible as part of a settlement.
- Legal fees: In some cases, you can recover the costs of hiring a lawyer if you win the case.
Recovering these damages helps you get compensated for the financial and emotional toll a hit and run can cause.
Mighty.com or legal assistance can help ensure that you're fully compensated for all your losses.
Can a hit and run driver be found?
Yes, a hit and run driver can often be found, although it can depend on the circumstances.
Here are some ways they might be tracked down:
- Witness statements: If there were any witnesses to the accident, they may be able to provide helpful details about the driver or the vehicle, such as the make, model, color, or even part of the license plate number.
- Surveillance footage: Nearby security cameras, traffic cameras, or dash cams from other vehicles may have recorded the incident, helping to identify the driver or vehicle.
- Physical evidence: Sometimes, parts of the vehicle (like broken headlights, mirrors, or paint) can be left behind at the scene, which can be used to identify the car involved.
- Forensic analysis: In some cases, forensic experts can help track down the driver by examining evidence at the scene, such as tire tracks or debris from the vehicle.
- Public appeals: Police may issue public appeals with descriptions or photos of the vehicle involved, hoping someone in the community can provide further information.
- Insurance investigation: If the driver isn’t found, your own insurance company may conduct an investigation to try and recover costs through uninsured motorist coverage.
While finding a hit and run driver is not always guaranteed, law enforcement and insurance companies will make every effort to track them down, especially with enough evidence or leads.
Does a hit and run affect my insurance claim?
Yes, a hit and run can affect your insurance claim, but it largely depends on your insurance coverage.
Here’s how it might impact you:
- Uninsured motorist coverage: If you have uninsured motorist coverage (UM), this can help cover your damages, even if the responsible driver is never found. This includes both medical expenses and property damage.
- Collision coverage: If you don't have uninsured motorist coverage but have collision coverage, your own insurance may cover the repair costs for your vehicle, minus your deductible.
- Deductibles: You may have to pay a deductible out of pocket before your insurance kicks in. However, some states have laws that allow you to recover your deductible if the hit and run driver is later identified.
- Higher premiums: If you file a claim, even under your own policy, your premiums may increase after the incident. This is because insurers typically consider hit and run accidents to be at-fault events, even if you're the victim.
- Claims process: Your insurer may require a police report, evidence, and documentation to process your claim. They may also try to investigate and track down the responsible driver.
It’s important to report the hit and run to both the police and your insurance company right away to ensure that your claim is handled properly and you receive the appropriate coverage.
Mighty.com can help with that.
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About the author
Joshua is a lawyer and tech entrepreneur who speaks and writes frequently on the civil justice system. Previously, Joshua founded Betterfly, a VC-backed marketplace that reimagined how consumers find local services by connecting them to individuals rather than companies. Betterfly was acquired by Takelessons in 2014. Joshua holds a JD from Emory University, and a BA in Economics and MA in Accounting from the University of Michigan.