Hit-And-Run Accident? Here’s How to Fight Back and Protect Your Rights

by cjadmin | September 9th, 2024

In California, hit-and-run accidents are a serious and widespread issue. Over 18,000 hit-and-run injury crashes were reported in 2020 alone. Unlike other collisions, the at-fault driver in a hit-and-run flees the scene, leaving victims unsure about how to pursue compensation for their injuries and other losses.

Understanding your rights and taking quick action after the driver flees the scene can help you win fair compensation if you’re hurt in a hit-and-run accident. Our experienced California car accident attorneys at Berg Injury Lawyers can guide you through the legal process to secure the financial support you deserve.

Your Rights After a Hit-and-Run

California Vehicle Code §20002 requires that any driver involved in an accident resulting in property damage stop immediately and provide their identification and vehicle information to the other party involved. When drivers fail to do this, they are guilty of a hit-and-run and could face legal consequences.

California insurance laws are designed to protect you if you’re injured in a hit-and-run accident. The state requires all insurance policies to offer uninsured motorist (UM) coverage, which protects you financially in hit-and-runs or when the at-fault party lacks insurance.  Unless you opt out of UM coverage, your policy should pay for medical expenses, lost wages, and property damage after a hit-and-run.

You must report the accident to law enforcement within 24 hours to initiate the investigation and support your UM claim. Once it’s available, you can obtain the crash report from the California Highway Patrol to submit to your insurer.

The Importance of Immediate Legal Action

Immediate legal intervention is critical in hit-and-run cases. Not only does it increase the chances of law enforcement finding the at-fault driver, but it can also help preserve evidence to bolster your case.

  • Driver Identification: Acting immediately allows law enforcement to access traffic and security camera footage. This footage may capture the incident and the fleeing vehicle’s license plate, improving the chances of identifying and apprehending the driver.
  • Secures Physical and Digital Evidence: Rapid legal intervention ensures the collection of time-sensitive evidence, such as skid marks, vehicle parts left at the scene, and electronic data from nearby digital billboards or smart devices. These help law enforcement and attorneys reconstruct the event.
  • Develops a Strong Legal Strategy: Engaging a lawyer right after the incident provides immediate legal advice. Your lawyer guides the evidence collection process and formulates a strategy that addresses all legal angles, from insurance claims to court proceedings.
  • Captures Accurate Witness Testimony: Quickly gathering witness statements boosts accuracy and detail. Immediate interviews can capture crucial observations such as the direction of escape, vehicle condition, or any distinguishing features of the driver.
  • Ensures Compliance with Legal Timelines: Immediate action helps guarantee you take legal steps within statutory deadlines.  These include filing police reports (24 hours), submitting insurance claims (typically a few days), and initiating legal proceedings.

Hit-and-Run Challenges: How Does Insurance Handle Claims Without a Defendant?

When you file a hit-and-run claim in California without a known defendant, your insurance company will start by investigating your case. They’ll check surveillance footage, gather witness accounts, and examine the damage to your vehicle to confirm your story.

Even though you’re dealing with your insurer under your UM coverage, you must prove your claim. This means showing evidence that the incident was a hit-and-run and detailing your losses, like medical bills or car repairs.

Your insurer processes your claim based on the evidence provided. They do not delay processing while waiting for law enforcement to find the at-fault driver. Instead, they assess the claim based on the evidence you submit.

If there’s a disagreement over your claim or the amount you’re owed, the issue may go to arbitration or court, where a judge will decide. This process ensures a fair evaluation of your claim and protects your rights.

How a Lawyer Can Support Your Case

In a hit-and-run case, having a skilled lawyer can influence the outcome of your case. Here’s how our attorneys at Berg Injury Lawyers can provide support:

  • Collaboration with Law Enforcement: We collaborate with law enforcement, exploring all legal avenues to identify the offender and hold them accountable for your civil damages.
  • Conduct Independent Investigations: Our team independently verifies all details of the incident, from analyzing traffic camera footage to interviewing witnesses at the scene. We analyze and gather all relevant evidence to build a solid claim.
  • Insurance Negotiations: We manage all communications with your insurance company to avoid mistakes that could negatively impact your claim. We submit a well-documented claim with an accurate damage assessment for a swift resolution to your UM claim.
  • Legal Strategy Development: We craft a detailed legal strategy tailored to your situation, focusing on pursuing the hit-and-run driver and optimizing your UM claim.
  • Accurate Damage Assessment: We collaborate with medical professionals and may also collaborate with financial experts to assess your total damages accurately, ensuring compensation for current and future needs.
  • Court Representation: We are ready to represent you in court if negotiations don’t lead to a fair settlement. Our attorneys fight vigorously for the compensation you rightfully deserve.

Ready To Fight Back? Contact Us Today

Being a victim of a hit-and-run accident doesn’t mean you’re powerless. At Berg Injury Lawyers, we’re committed to helping you face this challenging situation and fight for the compensation you deserve.

Contact us today for a free case review. Our team of experienced car accident attorneys supports you through every step of the process. Let us help you take the necessary steps to protect your rights.