It is already bad enough to get into an accident caused by another driver’s reckless behavior. It’s worse if that driver doesn’t bother to stop and deal with the damage or injuries they caused. In that scenario, you’re dealing with a hit-and-run accident. That can help establish liability. After all, if that driver was not at fault, why did they speed off?
Unfortunately, with these types of collisions, you could be wondering how to recover compensation.
With a hit-and-run accident, you might be able to file a claim against your own insurance company, provided you have an uninsured driver policy. If not, your options might be limited.
Even if you do have that uninsured driver policy, you might find resistance from your insurance carrier. That is when you need to speak with an experienced Bardstown car accident attorney. An attorney who understands the laws and knows how insurance companies operate will be in the best position to provide guidance about your options.
Immediate Steps to Take After a Hit-and-run Accident
Kentucky law requires any driver who is involved in an accident with another vehicle or property to remain at the scene and report the incident. If the accident involved a parked vehicle, the driver should make an effort to find the owner. Sadly, that doesn’t always happen.
If you get into a hit-and-run accident, it is understandable that you’ll feel a rush of adrenaline and could experience momentary panic. That is why it is important to understand the immediate steps you should take after such an accident:
- Step 1: Stop your vehicle: If possible, pull over on the side of the road to avoid causing further crashes with oncoming traffic. Turn on your hazard lights and stay at the scene. Above all else, don’t chase the driver. No good will come of that.
- Step 2: Check for injuries: Do a quick health check on yourself and your passengers. If there are any serious injuries, don’t attempt to move anyone from a vehicle unless they are in immediate danger.
- Step 3: Call 911: Call 911 to report the crash. In the case of a hit-and-run incident, the police will be dispatched to the scene along with paramedics if needed.
- Step 4: Document the Scene and Gather Evidence: If you can remember, quickly write down the color, make, and model of the hit-and-run driver’s car. You should also note the direction they were traveling in and any partial or full license plate numbers. You can make a fast video of this while it’s fresh in your mind. Be sure to take photographs of your car and the surrounding environment. Make note of any skid marks, road conditions, and visible injuries.
- Step 5: Talk to witnesses: If anyone witnessed the accident, you’ll want to get their contact information. You can even record a statement right on the spot.
- Step 6: Look for cameras: Look around for any traffic surveillance photos or security cameras on nearby homes and businesses.
- Step 7: Seek Medical Care: You’ll want to go see a doctor at an urgent care facility or ER room after you’ve been cleared to leave the accident scene. Even if you initially feel fine, you could experience delayed symptoms of an injury.
Filing an Uninsured Motorist Coverage Claim
You’ll want to notify your insurance carrier after getting into a hit-and-run accident. Kentucky law mandates that every driver carry Uninsured Motorist (UM). That will be a welcome relief in a hit-and-run accident.
With that coverage, you’ll go through the normal claims process. That will mean having an adjuster assigned to investigate. At this point, you might also want to speak to an attorney. You’ll want to ensure that your rights are protected. That begins with not consenting to making a recorded statement until you’ve reviewed the claim with an attorney.
You don’t want to be caught on tape inadvertently admitting to something that could jeopardize your claim.
Because of Kentucky’s pure comparative negligence system, you can be found to be partially to blame for an accident but still be able to collect compensation from insurance. The “penalty” for partial liability is to have your settlement reduced by the percentage of blame.
That blame can be assigned by your insurance adjuster, and you can bet they’ll try to shift blame to your side, especially if there are no witnesses to the hit-and-run. That is why you need a strong legal advocate.
How a Personal Injury Lawyer Maximizes Your Recovery
An experienced car accident attorney can play a major role in helping you recover the full compensation available after a hit-and-run accident. When your insurance carrier looks for ways to minimize payouts, you need someone who is protecting your interests.
The attorneys at McCoy & Hiestand, PLC have your back.
If we agree to represent you in your hit-and-run accident claim, we will direct our investigative team to collect all the relevant information, including medical records, witness statements, and surveillance footage. If necessary, we can retain an accident reconstruction expert to demonstrate how the hit-and-run occurred, leaving no doubt who should be blamed.
We’ll also stay in contact with the police, who should be actively pursuing the hit-and-run driver. If that driver is eventually found, you are entitled to seek damages from their insurance carrier. If they didn’t have insurance at the time of the accident, we might suggest filing a civil lawsuit against them directly to recover your damages.
The bottom line is that if you’ve been the victim of a hit-and-run accident, you have options to get compensation for your losses. At McCoy & Hiestand, PLC, our legal team understands how overwhelming a hit-and-run accident can be for victims and their families.
Contact us today to schedule a free consultation and learn how we may help you pursue that compensation.
