Being involved in a car accident is traumatic, but the shock and injustice are magnified exponentially when the responsible driver makes the callous decision to flee the scene. This act of escaping accountability leaves the victim not only injured and often confused but also burdened with the immediate, overwhelming question of who will cover the soaring costs of medical care and vehicle damage.

The driver’s hasty escape is an illegal act that constitutes both a serious crime and extreme negligence. However, it is a common misconception that because the at-fault party cannot immediately be identified, the victim has no recourse. That simply isn’t true; the legal and insurance systems are designed to offer alternatives for recovery after hit and run accidents. 

It is crucial for victims to understand that accountability does not end when the driver speeds away. By acting quickly to secure evidence and engaging the correct insurance policies, a victim can still pursue compensation.

Why Hit & Run Victims Still Have Claim Options

Many victims assume that without a defendant’s name and insurance information, their injury claim is hopeless. Fortunately, victims are often protected by a powerful piece of their own insurance policy: Uninsured Motorist (UM) Coverage. This coverage is specifically designed to step in and act as the liability insurer for the phantom driver.

In essence, your own UM policy replaces the bodily injury coverage that the unidentified driver should have had. This allows you to pursue a claim against your own insurance company for damages such as medical bills, lost wages, and pain and suffering, just as if you were suing the identified driver.

The rules for filing a UM claim can be complex, often requiring the victim to meet specific reporting deadlines and prove that the physical impact occurred. This makes immediate action and contacting a lawyer essential to preserving this critical avenue for compensation.

Police and Surveillance in Identifying the Driver

The single most important step after a hit and run is to contact the police immediately. A police report is essential for establishing the facts of the incident and initiating the criminal investigation, which may ultimately lead to the driver’s identification and arrest.

Police investigators often utilize traffic camera footage, nearby security camera recordings from businesses or homes, and license plate reading technology to piece together the vehicle’s identity and direction of travel. While this process takes time, the timely filing of a report greatly increases the chances of a breakthrough.

Victims and their attorneys can also assist by canvassing the immediate area for witnesses who may have seen the car or driver, or for businesses with surveillance systems that recorded the crash. Any detail, even the color or make of the fleeing vehicle, can be the key to identifying the responsible party.

Insurance Coverage for Unidentified Drivers

For many victims, the Uninsured Motorist (UM) coverage is the sole path to recovering bodily injury damages. However, there are two components to this protection: UM Bodily Injury (UMBI) and UM Property Damage (UMPD).

UMBI covers your physical injuries and resulting losses, and it’s mandatory or highly recommended in many states. UMPD covers the cost of repairing or replacing your damaged vehicle. The amount you can recover is limited by the specific policy limits you purchased, emphasizing the need to carry high levels of UM protection.

If you don’t have UM coverage, or if your UM limits are low, you might be able to use Medical Payments (Med-Pay) coverage, if you have it, to cover initial medical bills. If the police eventually identify the driver, you can then switch to a claim against their liability policy, effectively doubling your options for recovery.

How Lawyers Protect Victims From Denials

Filing a claim against your own insurance company, even under your UM policy, is not always easy. Insurance adjusters will still employ tactics to minimize the payout, often arguing that the victim’s injuries were not severe, the car was not the cause of the injury, or even denying coverage entirely due to late reporting.

An experienced hit and run lawyer takes on the responsibility of negotiating with your own insurer, ensuring they treat the claim fairly and honor the policy you paid for. The attorney meticulously documents all injuries and losses, hires necessary experts, and presents a comprehensive case that leaves the insurer with no grounds for denial.

Furthermore, if the identity of the driver is eventually discovered, the lawyer seamlessly transitions the case to a direct claim against that driver and their insurance company. This dual-track approach ensures that the victim is protected whether the at-fault driver is found or remains a phantom.

Conclusion Accountability Doesn’t Stop at Escape

The trauma and financial uncertainty of a hit and run are enormous, but the fleeing driver’s escape does not mark the end of your pursuit of justice. By understanding the power of your own Uninsured Motorist coverage and acting immediately to gather evidence, you maintain control over your financial recovery.

We have established that the police report is paramount for both investigation and insurance purposes, and that UM insurance is your key protection against an unidentified driver. We’ve also noted that lawyers are essential for both managing the UM claim process and tracking down the original, negligent driver.

If you have been injured by a driver who fled the scene, do not delay. Immediately seek medical care and contact an attorney who is ready to leverage technology, insurance law, and investigative resources to hold the hit and run driver accountable.