If I’m injured in a hit-and-run accident and the driver is still at large, is it still possible to receive compensation for my injuries from a source other than my health insurance?
You have been involved in a hit-and-run accident and have suffered serious injuries as well as property damages. The problem is that the driver who is at-fault is nowhere to be found.
What should you do? You need payment for your medical bills and property damage now. You may still be able to seek compensation for these damages within your own insurance coverage, depending on your situation.
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say.
No-Fault Insurance
If you live in one of the twelve states that have no-fault insurance laws, you will be making a claim on your insurance policy regardless of the other driver.
These states include Michigan, New York, Massachusetts, Kentucky, Pennsylvania, Hawaii, Kansas, Florida, Minnesota, North Dakota, New Jersey, and Utah, as well as the District of Columbia and Puerto Rico. Therefore, your personal injury claims and property damages would be paid out through your own provider and not the at-fault driver’s provider.
Uninsured Motorist Coverage
If you have uninsured motorist coverage on your insurance policy, you will be able to file claims under your own policy. Do not automatically assume you have this coverage, however. Some states require every driver to carry uninsured motorist coverage, but some do not require this bare minimum.
These policies allow for compensation for bodily injuries as well as property damages, depending on your coverage. Most policies do have a set limit, so be sure you are aware of what your limit is before filing a claim.
Your insurance company will treat the claim as if you hit a driver who did stick around but did not have car insurance. You can continue to seek out the hit-and-run driver if your damages go above what your maximum coverage amount may be, but it will at least give you some compensation for your damages now.
Homeowner’s Insurance
This situation is rare, but in certain events, you may be able to file a claim under your homeowner’s policy. However, make sure your policy allows for this event. Contact your provider if you have any questions, but you should only use this option as a last resort.
Time Is of the Essence
In the meantime, if you are not in a no-fault insurance state or do not have uninsured motorist coverage, you should keep looking for the at-fault driver.
Keep in mind that all states have set statute of limitations for filing personal injury cases. Most set a two-year limit, but they can go up to five years, depending on your state. If you are not able to find the hit-and-run driver by that time period, you will be barred from seeking a claim.
Contact an Attorney Today
If you have been involved in a hit-and-run accident, you should contact an attorney today to discuss your case. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
