Special Considerations When You Are Injured in a Hit-and-Run Accident
Being involved in any car accident is a traumatic experience, but a hit-and-run accident adds an extra layer of frustration and uncertainty. In these situations, the at-fault driver flees the scene, leaving victims to deal with injuries, property damage, and unanswered questions. In Florida, hit-and-run accidents are unfortunately common, and victims face unique legal and insurance challenges when trying to recover compensation for their losses.
If you’ve been injured in a hit-and-run accident, understanding your rights and the steps to take is crucial. Consult with a West Palm Beach hit-and-run lawyer to explore the special considerations that arise in hit-and-run accidents, including legal obligations, insurance coverage, and strategies for pursuing compensation.
What Is a Hit-and-Run Accident?
A hit-and-run accident occurs when a driver involved in a collision leaves the scene without stopping to provide their contact information or render aid to injured parties. Under Florida Statutes Section 316.061, leaving the scene of an accident is a criminal offense, and drivers are legally required to stop and report any accident resulting in injury, death, or property damage.
Failure to comply can result in serious penalties, including fines, license suspension, and even imprisonment. Despite these laws, many drivers flee the scene due to fear of legal repercussions, lack of insurance, or other personal reasons.
Challenges of Hit-and-Run Accidents for Victims
Hit-and-run accidents present unique challenges for injured victims that can complicate their path to recovery. One of the primary difficulties is identifying the at-fault driver. Without the other driver’s contact information, holding them accountable becomes challenging. While law enforcement may investigate, locating the fleeing driver is not always successful.
Additionally, recovering compensation is more complex in a hit-and-run scenario. Unlike typical car accidents where victims file claims against the at-fault driver’s insurance, hit-and-run victims often must rely on their own insurance coverage, which can be limited and insufficient in many instances.
This leads to another major issue: the financial strain from medical bills and lost wages. Victims frequently face immediate expenses for treatment and an inability to work due to their injuries. Without access to the at-fault driver’s insurance, they must navigate their own coverage options or pursue alternative legal remedies to address these mounting costs.
Steps to Take After a Hit-and-Run Accident
If you’ve been injured in a hit-and-run accident, taking the right steps can protect your health and legal rights.
Report the Accident to Law Enforcement: Contact the police as soon as possible and provide a detailed account of the accident. Include any information about the fleeing driver or vehicle, such as the make, model, color, or license plate number. A police report is critical for documenting the incident and initiating an investigation.
Seek Medical Attention: Your health and safety are the top priorities. Even if your injuries seem minor, seek medical attention immediately. Prompt medical care not only ensures your well-being but also creates a record of your injuries, which will be important for any insurance claim or legal case.
Document the Scene: If you are able, take photographs of the accident scene, your vehicle’s damage, and any visible injuries. Look for potential witnesses and gather their contact information. Surveillance cameras in the area may have captured the accident, so note any nearby businesses or traffic cameras.
Notify Your Insurance Company: File a claim with your insurance company promptly. Explain the details of the hit-and-run accident and provide a copy of the police report. Your insurance policy may include coverage for hit-and-run incidents, such as Personal Injury Protection (PIP) or Uninsured Motorist (UM) coverage.
Consult an Attorney: Hit-and-run accidents can be legally complex, and an experienced personal injury attorney can help guide you through the process. They can assist with filing insurance claims, investigating the accident, and pursuing alternative sources of compensation.
Insurance Coverage for Hit-and-Run Accidents
In Florida, hit-and-run victims often rely on their own insurance coverage to recover damages. Key coverage options include:
Personal Injury Protection (PIP)
Florida is a no-fault state, meaning all drivers are required to carry Personal Injury Protection (PIP) insurance. PIP provides coverage for medical expenses and lost wages, regardless of who was at fault. However, PIP benefits are limited, typically covering up 80% of medical bills and 60% of lost wages up to $10,000, which may not be sufficient for serious injuries.
Uninsured Motorist (UM) Coverage
Uninsured Motorist (UM) coverage is optional in Florida but highly recommended. It provides compensation for injuries caused by drivers who lack insurance or cannot be identified, such as in hit-and-run cases. UM coverage can help cover medical bills, lost wages, and pain and suffering.
Collision Coverage
Collision coverage can help pay for repairs to your vehicle after a hit-and-run accident. Like UM coverage, this is optional and must be purchased separately from basic liability insurance.
Health Insurance
If your injuries exceed your PIP benefits, your health insurance may provide additional coverage for medical expenses. Under Florida law, however, you must use your PIP coverage first before resorting to health insurance for medical treatment caused by an automobile accident. Also, be aware that health insurance will not cover non-economic damages, such as pain and suffering.
Seeking Compensation Beyond Insurance
If the at-fault driver is identified, you may pursue a personal injury lawsuit to recover damages. Compensation in such cases may include:
- Medical Expenses: Both past and future costs related to your injuries.
- Lost Wages: Compensation for time missed at work and reduced earning capacity.
- Pain and Suffering: Non-economic damages for physical pain and emotional distress.
- Property Damage: Costs to repair or fair market vehicle of your vehicle.
If the driver remains unidentified, you can still explore alternative legal avenues. An attorney can investigate whether any third parties, such as government entities responsible for road maintenance or other negligent drivers, share liability.
Contact Smith, Ball, Báez & Prather
Hit-and-run accidents present unique legal and financial challenges for injured victims. While the absence of the at-fault driver complicates the process, victims still have options for pursuing compensation through their insurance policies and legal remedies. By taking the right steps after the accident and consulting with an experienced attorney, you can protect your rights and seek the recovery you deserve.
If you’ve been injured in a hit-and-run accident, the attorneys at Smith, Ball, Báez & Prather are here to help. We understand the complexities of these cases and will work tirelessly to ensure you receive the compensation you deserve. Contact us today for a consultation to discuss your case and learn more about your legal options.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.061.html
