At our firm, we handle many hit-and-run injury cases and know the best practices to win them. This post will discuss what to do when a hit-and-run driver injures you and how to maximize your settlement. We will also explain why hiring a lawyer is essential.
Sometimes the police can find the other driver. However, your only option may be to go through your own insurance. Hopefully, you have underinsured motorist coverage, which should apply if another vehicle contacts your car to cause the crash. Here are a few tips to help you win your hit-and-run case.
Your First Steps After the Crash
- Call the police. Immediately call them and give them as much information as you can. They might be able to track down the driver. Make sure to tell the police about your injuries because they are more likely to create a report and investigate if you are hurt.
- Call your insurance company. If police never find the at-fault driver, you might have to deal with your own insurance company to recover for medical bills and pain and suffering. Hopefully, you have uninsured or underinsured motorist coverage for cases like this. If you don’t, we recommend you get it. Put them on notice so they don’t try to claim you waited too long. Hold off on giving a detailed or recorded statement if you plan on hiring an attorney.
- Gather information. Get as much information about the defendant as you can. Even small details can be helpful, like the basic color and make of the vehicle, a portion of a license plate number, or whether the driver was young or old.
Documenting Evidence at the Scene
- Photograph your vehicle or bicycle. Take photos of all sides of your vehicle or bicycle. You should even photograph parts of the car that are not damaged because that might become a factor later. Insurance companies and sometimes the police want to confirm evidence that the hit-and-run driver made contact with you. Basically, you need evidence that the other vehicle actually hit you.
- Photograph evidence in the street. This includes where your car came to rest, skid marks, and broken vehicle or bicycle pieces. An accident reconstruction expert can use this later to establish how the accident occurred. Sometimes skid marks are critical to determining who is at fault, and they go away over time. Don’t expect the police or anyone else to photograph them. Even if police photograph them, they sometimes lose the pictures or won’t turn them over. Take the photos yourself and keep them in a safe place.
- Photograph your injuries. It is important to document all injuries like bruises and cuts on the knees, from hitting the door or front panel. Photographs are far more compelling than simply reading about a contusion or laceration in a medical record. Sometimes even a minor bruise indicates a more major internal injury.
- Get witness information. Get all the information you can about any witnesses, including their phone number, email, work, and home address. Witnesses disappear. An independent witness is very important and can be the main reason a jury will find in your favor.
Medical Treatment Is Critical
You must go to a doctor as soon as possible to have them treat and document your injuries. If you have a major injury requiring immediate assistance, go to the ER. If you are sore or unsure if you are injured, consider a local urgent care clinic, which can be just as effective. The medical provider’s documentation of your injuries is powerful evidence of your pain, and we do not recommend you try to tough it out. Collecting this evidence early on is key to getting the most for your case.
Why You Need a Lawyer
- Launching an Independent Investigation: The police will investigate, but their resources are limited. A dedicated legal team will launch its own immediate investigation to identify the responsible driver. This includes canvassing the area for witnesses who may have been missed, securing surveillance footage from nearby businesses or traffic cameras, and working with accident reconstruction experts to analyze evidence from the scene.
- Unlocking Avenues for Compensation: Even if police never find the driver, you likely have options for financial recovery. An attorney can identify these avenues, primarily through the uninsured/underinsured motorist (UM/UIM) coverage on your own auto insurance policy. This coverage is specifically designed for situations like hit-and-runs, but accessing it isn’t always straightforward.
- Fighting the Insurance Companies for You: Dealing with any insurance company can be difficult, even your own. Your insurer’s goal is to minimize its payout. Your lawyer will handle all communications and negotiations on your behalf. They know the tactics insurers use to devalue claims and will fight to ensure you receive the maximum compensation you are entitled to under your policy, preventing a lowball settlement offer.
- Calculating the Full Value of Your Claim: Your damages go far beyond your initial hospital bills. An attorney will meticulously document the full extent of your losses. This includes current and future medical expenses, physical therapy, lost wages from time off work, diminished earning capacity, and the significant non-economic damages of pain, suffering, and emotional distress.
- Managing Legal Deadlines: The legal system governs strict deadlines, known as statutes of limitations, for filing claims and lawsuits. Missing one of these deadlines can permanently bar you from seeking compensation. Your lawyer will manage all procedural requirements, paperwork, and deadlines, ensuring your case remains on solid legal footing.
- Allowing You to Focus on Healing: Your primary job after a traumatic accident is to recover. By retaining an attorney, you transfer the stress of the legal and financial fight to a capable professional. This gives you the peace of mind and the space you need to focus on your physical and emotional well-being.
In the chaotic aftermath of a hit-and-run, an attorney is more than just a legal representative; they are your advocate, investigator, and guide. They level the playing field and ensure that one person’s reckless decision to flee doesn’t leave you to bear the consequences alone.
If you have any questions about your hit-and-run injury case, or if you are ready to take the next step, contact our firm today for a free consultation. Call us now at 888-712-0017.
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