How to Handle Hit-and-Run Car Accidents
Being involved in a hit-and-run accident can be both terrifying and confusing. You’re left with vehicle damage, possible injuries, and no driver to hold accountable. While the situation may feel overwhelming, there are clear legal and insurance steps you can take to protect your health, finances, and rights.
This guide provides a comprehensive walkthrough of what to do immediately after the accident, how to navigate your insurance policy, and when to involve a lawyer. Even if the driver is never identified, you may still be eligible for compensation.
Step 1: Ensure Safety and Get Medical Help
Prioritize Personal Safety First
Immediately after the collision, check yourself and your passengers for injuries. If you’re able, move your vehicle to a safe area away from traffic. Turn on your hazard lights and stay inside the vehicle if it’s safer to do so.
Why You Should Seek Medical Attention Immediately
Even if you don’t feel injured right away, it’s important to seek medical evaluation. The adrenaline rush after a crash can mask symptoms of serious injuries like concussions, internal bleeding, or whiplash. A medical record created immediately after the crash helps protect your health and supports any insurance or legal claim.
Step 2: Call the Police and File a Report
Filing a Police Report Is Legally Required
Most states require you to file a police report after a hit-and-run, often within 24 hours. Failure to do so may result in penalties or complications with your insurance claim. When the police arrive, give a clear and accurate statement.
Information to Include in the Report
Try to provide as much detail as possible, including:
- Time and location of the accident
- Description of the fleeing vehicle (make, model, color)
- Any portion of the license plate you remember
- Names and contact details of witnesses
- Nearby surveillance cameras that may have captured the crash
This report becomes a key document in your insurance claim and any legal case that may follow.
Step 3: Collect Evidence at the Scene
The Importance of Documentation
Even if the other driver fled, you can still build a strong claim by collecting evidence. Start with photographs of your car’s damage and the accident scene from multiple angles. Include wide shots of the location and close-ups of the damage.
Key Items to Document
In addition to photos, gather:
- Witness statements and contact details
- Debris or skid marks on the road
- Notes on weather and road conditions
- Descriptions of any injuries you sustained
- Information about traffic or security cameras nearby
Take detailed notes while the event is fresh in your memory. Describe what happened before, during, and after the accident.
Step 4: Notify Your Insurance Company
Don’t Delay Your Claim
Most insurance companies require you to report an accident within 24 to 48 hours. When you call, provide the police report number and any evidence you’ve collected.
Insurance Coverage That May Apply
If the responsible driver cannot be identified, your claim may fall under:
- Uninsured Motorist (UM) Coverage – Covers injuries and sometimes property damage
- Collision Coverage – Pays for repairs regardless of fault
- Personal Injury Protection (PIP) or Medical Payments Coverage – Covers medical costs depending on your policy and state
Ask your insurance representative for a detailed explanation of your available coverage. Be cautious of early settlement offers—they may not reflect the true value of your losses.
Step 5: Explore Legal Options
When to Contact a Lawyer
If you’ve suffered injuries or your insurer is delaying or denying your claim, it’s wise to speak with a personal injury attorney. A legal professional can protect your rights, gather additional evidence, and negotiate with your insurance company.
Understanding the Statute of Limitations
Every state has a deadline for filing lawsuits, known as the statute of limitations. In personal injury cases, this window often ranges from one to three years. If the driver is identified later, you must act before the deadline expires to pursue legal action.
How a Lawyer Can Help
A personal injury attorney can:
- Review your insurance coverage and rights
- Collect and preserve critical evidence
- Represent you in court if necessary
- Maximize your compensation for damages, medical bills, and lost income
Step 6: Organize Documentation and Follow Up
Keep All Records in One Place
Staying organized is essential. Create a physical or digital folder to store:
- The official police report
- Photos of the vehicle and injuries
- Medical records and invoices
- Communications with your insurance provider
- Estimates and receipts for car repairs
- Written notes on calls or meetings related to the case
Having all your documentation ready can speed up the claim process and strengthen any potential legal case.
Maintain Communication with Your Insurer
Keep track of conversations with your insurance adjuster. Document every phone call, including the date, time, and name of the representative. Confirm important details in writing. Follow up consistently and professionally to avoid unnecessary delays.
Avoid These Common Mistakes
Victims of hit-and-run accidents often make mistakes that weaken their claims. Avoid these errors:
1. Not Reporting the Accident Quickly
Failing to report to police or your insurer on time may result in claim denial.
2. Not Seeking Immediate Medical Help
Waiting to get medical care can affect your health and reduce your chances of full compensation.
3. Failing to Collect Evidence
Even without the other driver’s information, photos and witness statements are vital for proving your case.
4. Accepting a Low Settlement
Insurance companies may offer quick, low settlements. Always review offers with a lawyer before signing anything.
Frequently Asked Questions
Can I file an insurance claim if the driver fled the scene?
Yes, you can still file an insurance claim even if the at-fault driver fled the scene. In most states, this type of incident falls under your uninsured motorist coverage. If you carry collision coverage, that may also apply regardless of who caused the accident. Additionally, if your state follows a no-fault system, your personal injury protection (PIP) may cover your medical expenses. The key requirement is that you report the hit-and-run promptly and cooperate with your insurer’s investigation.
What kind of insurance covers hit-and-run accidents?
Uninsured motorist (UM) coverage is typically the primary form of protection in a hit-and-run accident. This coverage can pay for bodily injuries and, in some policies, property damage. Collision coverage can also apply, helping pay for repairs to your vehicle regardless of who is at fault. In some cases, comprehensive insurance may apply if the hit-and-run occurred while your car was parked and unattended. The availability of these coverages depends on your specific policy and the laws in your state, so it’s essential to review your plan or speak with your insurance representative.
Do I need a lawyer after a hit-and-run accident?
While it’s not legally required, having a lawyer can be extremely beneficial, especially if you suffered injuries, your vehicle sustained major damage, or your insurance claim is being delayed or denied. A lawyer can help ensure you meet all legal deadlines, gather the necessary evidence, and negotiate with insurers on your behalf. They can also represent you in court if the at-fault driver is later identified and legal action is necessary. If you’re unsure about the value of your case or your rights under your insurance policy, a consultation with a personal injury attorney can clarify your next steps.
How long do I have to file a claim or lawsuit after a hit-and-run?
The time you have to file a claim or lawsuit varies depending on your state’s laws, known as the statute of limitations. Typically, for personal injury claims, this period ranges from one to three years. In some states, it may be even longer for property damage claims. However, insurance policies often require much quicker reporting—sometimes within just 24 to 48 hours after the accident. It’s important not to delay. Reporting the incident promptly helps preserve your rights and increases your chances of recovering compensation.
Is a hit-and-run accident considered a criminal offense?
Yes, a hit-and-run is considered a criminal offense in every U.S. state. The severity of the charge depends on the circumstances. If the accident caused only property damage, the driver may face misdemeanor charges. However, if the hit-and-run resulted in injuries or fatalities, it is typically prosecuted as a felony. In addition to criminal penalties, the fleeing driver may also be subject to civil liability for damages. Law enforcement treats these incidents seriously and may launch an investigation to identify the at-fault party, especially if there is evidence like surveillance footage or eyewitness accounts.
Final Thoughts
A hit-and-run accident is frustrating and often traumatic—but it doesn’t have to leave you without options. By taking the proper legal and insurance steps quickly, you increase your chances of recovery and reduce the long-term impact of the event.
From documenting the accident scene to consulting a lawyer, every action you take matters. Stay informed, stay organized, and don’t hesitate to seek professional help.
You have legal rights—even if the other driver disappears. Use them.
Contact Lawlor, White & Murphey Today
If you’re facing medical bills, missed work, or insurance delays after a hit-and-run accident, consider speaking to a personal injury attorney. Legal support ensures your claim is handled properly and your financial recovery is prioritized.
You don’t have to face this situation alone. Reach out to Lawlor, White & Murphey today for a free consultation and start taking back control of your recovery.
