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I Was Involved in a Hit and Run. Do I Still Have a Case?
Being involved in a car accident is stressful enough, but when the other driver flees the scene, it can leave you feeling even more overwhelmed and uncertain about what to do next. A hit and run is not only traumatic, but it also complicates the process of seeking justice and compensation. You might wonder if you can still pursue a case and what your legal options are.
The Allentown, PA car accident lawyers at Rapa Law Office, P.C. have helped many people who’ve been victims of hit-and-run accidents. We’re here to walk you through your rights and the steps you can take to protect your interests after an accident where the other driver fled.
What Is a Hit and Run?
A hit-and-run accident occurs when one driver causes an accident and then leaves the scene without providing their contact and insurance information.
Under Pennsylvania law, this is considered a criminal offense, and the driver at fault can face serious legal consequences. However, just because the responsible driver left doesn’t mean you don’t have options for seeking compensation.
In Pennsylvania, it’s crucial to gather as much information as possible about the accident, even if the at-fault driver fled. If you're physically able to, documenting the scene, getting witness statements, and noting any details about the vehicle involved can greatly improve your chances of identifying the responsible party.
Unfortunately, even with evidence, there can still be challenges in pursuing a claim, but there are legal avenues that can help.
Can I File a Claim for a Hit and Run?
Yes, you can still file a claim for a hit-and-run accident in Pennsylvania. There are several ways to approach this, depending on the specifics of the case and whether the responsible party is identified. Let’s break down the key steps you can take after a hit-and-run accident.
1. Report the Accident to the Police
The first step after any accident, including a hit-and-run, is to report it to the police. In Pennsylvania, you’re required by law to report any accident where there is injury or significant property damage. Failing to do so could result in penalties. When a hit-and-run driver is involved, the police will initiate an investigation to track down the driver who fled the scene.
The police will gather evidence, check for any traffic cameras or witnesses, and attempt to find out who was responsible. The more details you can provide about the car, the location, and any other specifics you remember, the better.
2. Pursue Compensation Through Your Own Insurance
If the at-fault driver can’t be identified, you might still have coverage through your own insurance policy. Pennsylvania is a no-fault state, meaning your insurance policy will typically cover your medical bills and other immediate expenses regardless of who was at fault. However, in hit-and-run cases, things become more complicated.
Your policy’s uninsured motorist (UM) coverage may come into play here. UM coverage is designed to cover you in the event that the person who caused the accident doesn’t have insurance or leaves the scene without providing their information. This coverage can help pay for medical bills, lost wages, and other damages.
It’s crucial to review your insurance policy to confirm whether you have UM coverage. If you don’t have it, you may want to consider adding it for future protection. If you do have UM coverage, you should work closely with an auto accident attorney to help you pursue compensation.
3. Legal Action Against the Responsible Driver (If Identified)
If the driver is eventually found, you may be able to take legal action against them. In these cases, you can file a lawsuit for damages resulting from the accident, including medical expenses, property damage, lost wages, pain, and suffering.
However, pursuing legal action against a hit-and-run driver can be challenging, especially if the driver is hard to find or doesn’t have insurance.
That’s why it’s critical to work with an experienced auto accident attorney who can help guide you through the process. They can track down evidence, consult with experts, and help make sure you’re fully compensated for the damages you’ve suffered.
4. Uninsured Motorist Claims (UM Claims)
If the hit-and-run driver is never identified, or if you’re unable to pursue them due to a lack of insurance, your uninsured motorist (UM) coverage will typically step in to cover your damages.
A UM claim can help cover various costs such as:
Medical bills: Expenses related to treatment for injuries suffered in the accident.
Lost wages: If you had to miss work due to your injuries.
Pain and suffering: Compensation for the emotional and physical distress caused by the accident.
This type of claim is made through your own insurance company, and your attorney can help make sure that your insurer doesn’t undervalue or deny your claim.
How Can an Auto Accident Attorney Help?
The process of dealing with a hit-and-run accident can be overwhelming, especially if the driver hasn’t been identified. This is where an experienced auto accident attorney comes in. A skilled lawyer can assist you in many ways, including:
Investigating the Accident
One of the first things your attorney will do is investigate the accident. They’ll work with law enforcement, insurance companies, and other professionals to gather all the relevant information. This might include obtaining witness statements, reviewing traffic camera footage, and analyzing any available physical evidence from the scene.
Filing Insurance Claims
Your attorney can help you work through the process of filing claims, whether it’s through your own insurance or a lawsuit against the at-fault driver. If the responsible driver is identified, your attorney can help you pursue them for compensation. If they’re not found, your attorney will assist in pursuing a UM claim through your own insurance.
Negotiating With Insurance Companies
Insurance companies often try to settle claims quickly and for less than they’re worth. A lawyer experienced in handling auto accident cases can negotiate on your behalf for compensation.
Representing You in Court
If your case goes to court, your auto accident attorney will be there to represent your best interests. They’ll make sure that your case is presented clearly, all evidence is considered, and your rights are protected throughout the legal process.
Statute of Limitations for Hit and Run Accidents in Pennsylvania
In Pennsylvania, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. This means you must initiate any legal proceedings within this time frame, or you risk losing your right to file a lawsuit. However, it's best to start the process as soon as possible, as evidence can fade and witnesses may forget important details over time.
If you're pursuing a claim through your own insurance, there may be different timelines for filing. It’s important to consult with an auto accident attorney as soon as possible to make sure all deadlines are met.
What to Do Immediately After a Hit and Run
If you’ve been in a hit-and-run accident, taking the following steps immediately after the accident can help protect your rights and give you the best chance of recovering compensation:
Call the police: It’s crucial to report the accident immediately. The police will create a report that can be used in your claim.
Document the scene: Take pictures of the accident scene, including any damage to your car and the surrounding areas. If possible, get a description of the fleeing vehicle.
Seek medical attention: Even if you don’t feel injured right away, some injuries can appear later.
Contact an attorney: An auto accident attorney can guide you through the next steps, help you file insurance claims, and make sure your case is properly handled.
If you’re in need of a knowledgeable and experienced auto accident attorney to support you through the aftermath of a hit and run, Rapa Law Office, P.C. is here for you.
Don’t Face a Hit and Run Alone
At Rapa Law Office, P.C., we’ve helped numerous clients work through the legal challenges of hit and runs in Allentown, Pennsylvania, and nearby areas, including Lehighton, Palmerton, Jim Thorpe, Bethlehem, Walnutport, Northampton, and Slatington. If you’ve been the victim of a hit-and-run accident, don’t hesitate to reach out to us for a consultation.