Hit-and-run accidents are among the most frustrating and challenging situations for victims. After being involved in a collision, the last thing you expect is for the responsible driver to flee the scene. Unfortunately, hit-and-run incidents occur frequently in California, leaving victims with physical injuries, emotional distress, and financial strain. If you’ve been involved in a hit-and-run accident, you may be wondering how to pursue compensation for your damages. While these cases can be complex, it’s important to know your rights and the options available to you. This blog will outline how victims of hit-and-run accidents can pursue compensation and what steps to take.
What Is a Hit-and-Run Accident?
A hit-and-run accident occurs when a driver causes a collision and then leaves the scene without providing their information or assisting the injured party. In California, fleeing the scene of an accident is a criminal offense, but many drivers still choose to run, often out of fear or irresponsibility. As a victim, you may face difficulties in locating the responsible driver, but that doesn’t mean you can’t recover compensation for your injuries and damages.
What to Do Immediately After a Hit-and-Run Accident
The first thing you should do if you’re involved in a hit-and-run accident is to stay calm and follow these steps:
- Call 911: Report the accident to the police immediately. California law requires that accidents causing injury or property damage be reported to authorities. The police will file an accident report, which may be essential in your efforts to track down the responsible driver.
- Seek Medical Attention: Even if your injuries seem minor, it’s critical to seek medical care. Injuries from car accidents often aren’t immediately apparent, and prompt medical attention can help prevent complications down the road.
- Document the Scene: If you’re able to, take photos of the accident scene, any damage to your vehicle, and any visible injuries. This evidence will be helpful for insurance claims and your legal case.
- Collect Witness Information: If there were any witnesses to the accident, get their contact details. They may be able to provide crucial information that could help identify the hit-and-run driver.
- Avoid Guessing or Speculating: Do not attempt to guess or speculate about the identity of the driver who fled. Focus on documenting the details you know, such as the make and model of the car, the license plate (if visible), and the direction in which the driver fled.
Pursuing Compensation After a Hit-and-Run
Even though the driver may have fled the scene, you still have options for pursuing compensation for your medical bills, lost wages, and other damages. Here’s a breakdown of the avenues you can explore:
- Uninsured/Underinsured Motorist Coverage: One of the most common ways victims of hit-and-run accidents recover compensation is through their own insurance policy. California law requires all drivers to carry uninsured/underinsured motorist (UM/UIM) coverage, which can help cover the costs if the responsible driver is not identified or lacks sufficient insurance. This coverage can help pay for medical expenses, lost wages, and pain and suffering. If you have UM/UIM coverage, contact your insurance company immediately to begin the claims process.
- Your Own Health Insurance: If you do not have access to UM/UIM coverage, your personal health insurance may help cover the costs of medical treatment after a hit-and-run accident. However, you may still face out-of-pocket expenses or deductibles.
- Seek a Civil Claim Against the Responsible Driver (If Identified): If the hit-and-run driver is identified at a later time, you may be able to file a civil lawsuit against them to recover additional compensation for your damages. This can include compensation for pain and suffering, emotional distress, and loss of enjoyment of life. However, it’s important to note that pursuing a civil lawsuit is only an option if the responsible driver is caught.
- Victim Compensation Programs: In some cases, if the hit-and-run driver is never identified or does not have insurance, you may be able to seek compensation from the California Victim Compensation Board (CalVCP). This program provides financial assistance to victims of violent crimes, including hit-and-run accidents that result in serious injuries. The program covers a variety of expenses, such as medical bills, funeral costs, and lost wages, but there are strict eligibility requirements.
The Role of a Personal Injury Lawyer
Pursuing compensation after a hit-and-run accident can be complex, especially when trying to locate the responsible driver or navigate insurance claims. An experienced personal injury attorney can guide you through the process, ensuring that you understand your legal rights and help you explore all options for recovery. Here’s how an attorney can assist you:
- Investigating the Accident: If the responsible driver has fled, an attorney can help investigate the accident. They may be able to identify the driver through eyewitness testimony, security footage, or other sources of information.
- Negotiating with Insurance Companies: Insurance companies are often quick to deny or undervalue claims, especially when the at-fault driver is unidentified. A personal injury attorney can handle negotiations with your insurance company and ensure that you are compensated fairly.
- Litigating on Your Behalf: If the responsible driver is found and you need to pursue a lawsuit, your attorney can help you file the necessary legal claims and advocate for you in court.
Conclusion
If you’ve been involved in a hit-and-run accident in California, it’s understandable to feel frustrated and uncertain about your next steps. However, there are legal options available for seeking compensation, even if the responsible driver is never identified. By contacting the police, gathering evidence, and working with an experienced attorney, you can improve your chances of recovering compensation for your injuries and other damages. Don’t hesitate to reach out to a personal injury lawyer who can help you navigate the process and ensure your rights are protected.
