Car accident after a hit-and-run. It seems pretty self-explanatory, don’t you think? Who hasn’t heard of that? The legal term, however, goes beyond its literal meaning. It covers a wide range of situations, some of which you might need to become more familiar with.
Consider that you are traveling down a road. You receive a text message from one of your closest friends with important information you’ve been looking for. You send a speedy response because you’re on a mostly empty route. Your eyes quickly switch between the road in front of you and your cell phone below as you’re driving. A child rushes into the street to get a ball as you send the message.
What Is Considered a Hit & Run Case
A hit-and-run incident occurs when your car hits something or someone else, and you decide to leave the area rather than stay. When someone hits something or someone with their car, they exit the vehicle to inspect the damage. If they hit someone else, they must stop the car, check on the victim’s condition, and dial 911 immediately; if they fail to do so, it is a crime.
A hit-and-run is regarded as a crime or misdemeanor in most states. A hit-and-run that merely results in property damage (such as a car hitting another car) is typically classified as a misdemeanor. However, you’ll probably face felony hit-and-run charges if the collision hurts someone. Whether the person or object you hit caused damage to your car is irrelevant when it comes to hit-and-run crimes.
Statistics on Hit & Run Cases
According to a statistical forecast of road deaths for the first quarter of 2022, there were likely 9,560 fatal motor vehicle accidents. Compared to the 8,935 fatalities predicted to have occurred in the first quarter of 2021, this implies an increase of around 7.0 percent.
According to preliminary data from the Federal Highway Administration (FHWA), the number of vehicle miles traveled (VMT) grew by 40.2 billion miles, or about 5.6 percent, in the first three months of 2022.
The expected rate of 1.25 fatalities per 100 million vehicle miles traveled increased to 1.27 fatalities per 100 million vehicle miles traveled in the first quarter of 2022.
The monthly estimates for 2021 and 2022 are further divided from the quarterly projections of deaths, fatality rates, and VMT. The most significant rise in fatalities (15.7%) occurred in February. Comparing January to the same month in 2021, the fatality rate per 100 million VMT shows a slight decline but increases in February and March.
There were noticeable increases in fatalities and the fatality rate per 100 million VMT in 2020 during the COVID-19 pandemic. In 2020, there were more fatalities than usual. This trend persisted throughout 2021 and the first quarter of 2022. The mortality rate per 100 million vehicle miles traveled (VMT) climbed in 2020 and continued to rise through the first quarter of 2021, although then fell in the second, third, and fourth quarters of that year before rising once more in the first quarter of 2022.
Reasons Drivers Flee the accident scene
People frequently leave the scene of a car accident for the following reasons:
Under the influence of drugs
If they are drunk or under the influence of drugs or alcohol, they can flee the scene. Driving under the influence of drugs or alcohol can result in severe punishments, such as license suspension, fines, and jail time.
Without a license or with a suspended license
The driver may leave the scene in order to escape more fines or a further suspension of their license if they don’t have the required papers to show a police officer when requested.
Committing a crime when they hit you
The most frequent offense that falls under this category is car theft. Naturally, if someone crashes into you while driving a stolen car, they won’t wait for the cops to arrive. Information about reported car thefts is entered into a police database. This means that the stolen car will surface once the cops show up to take pictures of the area.
The driver panicked
Young and inexperienced drivers are more likely to panic after a collision and flee the scene rather than remain where they need to. Individuals might make this poor choice out of concern for upsetting their parents.
They believe they will be able to get away with it
Some people do not want the stress, inconvenience, or increase in insurance premiums that an accident brings. They leave the scene of the collision instead as they drive away. They believe that hit-and-run situations are unsolvable and that the suspects will never be located. However, based on witness accounts, cutting-edge traffic software, and a rising number of cameras that record highways have been installed, more & more cases are being solved.
Various Penalties for Leaving the Accident Scene
#1 Criminal Penalties
States have different laws governing hit-and-run offenses. Depending on the circumstances, a hit-and-run offense can be either a felony or a misdemeanor. Most states define felony hit-and-run as leaving the scene of an accident involving any injury to a person, whether the injured party is a pedestrian or a driver or passenger.
#2 Administrative Penalties
Nearly all states apply administrative penalties connected to your driver’s license and criminal sanctions for hit-and-runs. The Department of Motor Vehicles in each state frequently administers these sanctions.
The automatic suspension or revocation of your driver’s license for around six months following any conviction for hit and run, regardless of whether it was for a crime or misdemeanor. The revocation may last up to three years in some states. The punishment for hit-and-run may include a lifetime license suspension, depending on your state of residence, the specifics of the car accident you were engaged in, and other factors.
3 Civil Penalties
Punitive damages are granted in court to the plaintiff, the harmed party, but they are not intended to compensate the plaintiff for their losses. Instead, they’re intended to punish a defendant for engaging in especially risky or offensive behavior. A hit-and-run undoubtedly would.
Where a statute calls for or permits it, the plaintiff’s treble damages are tripled.
What to Do After an Accident
#1 Dial 911
Make sure neither you nor any other passengers have any wounds. Before doing anything else, dial 911 if someone is hurt. The police can aid in providing medical care.
When involved in a crash, there is stress. You’re right; shock exists. As a result, Dusty Francisco, a public information officer for the New Mexico State Police, says that one of the reasons to call 911 is if you are hurt in any manner so that dispatchers can call an ambulance and make sure you are safe.
#2 Gather information.
Once secure, write down as much information as possible about the other car and driver.
Having written documentation is crucial so you are relying on something other than your own recollection. Images can be helpful as well.
Ask any nearby witnesses if they would be willing to speak with the authorities and get their contact information.
#3 Protect your rights:
The most crucial action you should take following an accident is to speak with a lawyer. Your lawyer can defend your rights and ensure that substantial evidence is not lost. Insurance companies frequently need statements right away following an accident. You must obtain legal advice before making such a statement. Your lawyer can provide you with advice on everything from how to ensure you receive the best medical care possible to how to make sure you are adequately compensated for your care. Personal injury lawyers work on a contingency fee basis, meaning there is no cost unless the lawyer successfully gets you compensation for your injuries.
#4 Contact your insurance company
Contact the insurance company and submit a claim as soon as the police have finished their investigation, and you can leave the scene. Your recall of the incident will be sharper the sooner you contact them. Try to submit a claim on the same day as the accident.
Does Car Insurance Cover Hit & Run Cases?
Depending on the policy and state, car insurance coverage types may cover a hit-and-run
Collision
If your vehicle collides with another object, accident insurance will cover the cost of repair or replacement.
The purchase of this kind of insurance is optional. Drivers are not required to get collision insurance per state law. However, if you finance your car, your lender might insist on it.
Your deductible will be deducted from your insurance payout if you use collision coverage to cover hit-and-run car damage. Even so, it can significantly reduce your out-of-pocket expenses.
Uninsured motorist
If you are involved in an accident, and the at-fault driver does not have liability insurance, your uninsured motorist policy will cover your and your passengers’ medical expenses.
After a hit-and-run, two types of uninsured driver insurance payout:
If you or your passengers are hurt in a hit-and-run collision, your uninsured motorist bodily injury (UMBI) policy will cover your accident-related medical expenses and lost income.
In other states, including Kansas and Connecticut, UMBI is required and usually does not have a deductible.
If the at-fault driver doesn’t have insurance, your automobile will be repaired due to your uninsured motorist property damage (UMPD) policy. In the event of a hit-and-run, it might also cover car damage. Only a few states, and not all of them, offer this kind of coverage, including Maryland & Virginia.
If the other driver is identified, only then will your car damage be covered by a UMPD policy in California. In some states, UMPD is necessary, just like UMBI coverage. A UMPD coverage can have a deductible depending on where you live.
Medical Payments
Regardless of who was at fault for the accident, medical payment coverage, known as MedPay, pays for medical expenditures if you or your passengers are hurt. Not every state requires MedPay insurance, so check your insurance policy to see if you have this additional coverage. In the event of a hit-and-run, it can be used.
Although not available everywhere, this coverage is mandatory in some states, including Maine and New Hampshire.
Personal injury protection
Personal injury protection (PIP) coverage, similar to MedPay, compensates for medical expenses for you or your passengers regardless of who is responsible for the accident. Furthermore, it can cover expenses like lost earnings and child care due to accidents.
Also similar to MedPay coverage, PIP is not offered in every state. These insurance policies are required in some states, including Florida and Delaware.
Conclusion
As you can see, there is no single “hit-and-run insurance” policy that can help, but there are vehicle insurance coverages that can. Remember that you might need to rely on more than one form of coverage if you are involved in a hit-and-run that causes both physical damage and injuries.