Imagine being at a stoplight and someone slams into your automobile from behind. Literally adding insult to injury, the driver then flees the scene. You’re left to deal with the property damage to your vehicle, but that might only be the beginning. You may not only be injured but you may not completely understand the extent of your injuries. What are your rights after being in a hit-and-run? How can an attorney assist you?
Even if you haven’t yet been in a hit-and-run accident, there are certain steps you should take now to protect yourself in the event you are ever involved in one. California hit-and-run accident victims have a trusted legal ally in Text Kevin Accident Attorneys. We take a look here at what everyone needs to know about these wrecks.
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Why You Need Uninsured and Underinsured Motorist Coverage
In California, automobile insurance companies are required to offer their policyholders the option of purchasing Uninsured Motorist Coverage (UMC) and Underinsured Motorist Coverage (UIM). If you decide to not have this coverage you will need to sign a waiver attesting that you were offered the insurance but declined it.
Although you are not required to have these coverages, it is strongly recommended you do. As implied by their names, they cover situations in which the at-fault driver either has no insurance or doesn’t have enough insurance to cover a victim’s damages. But an uninsured policy can also pay for your losses in the event you are ever the victim of a hit-and-run accident.
UMC pays for bodily injury to you and the passengers in your vehicle if the other driver either has no insurance or flees the accident scene. It’s also a good idea to purchase UIM in case the other driver is located but doesn’t have enough insurance to pay for your injuries.
Uninsured coverage can also pay for property damage to your vehicle. However, for this to apply, the driver needs to be located. This is where retaining an attorney can help.
Hire an Attorney After Being in an Accident
If the at-fault driver flees the scene of the accident, you can (and should) make a police report so law enforcement can try to find him or her. Let’s examine a few scenarios of what happens next:
If the driver is found
Once the driver is located, it will be determined whether he or she has enough insurance to pay for your bodily injury and vehicle property damage. If so, an attorney can help you file a claim against the driver’s policy to cover your damages. If not, you can at least use your UMC/UIM to pay for both bodily injury and automobile damage.
However, don’t make the mistake of thinking that your own insurance company is going to treat you fairly. Insurers look for any excuses they can find to deny or underpay perfectly valid claims. While an attorney can help you file a claim against the at-fault driver and his or her policy, you may need a lawyer to force your own insurance company to pay you under your UMC/UIM policy.
In the event you either didn’t have UMC/UIM or it simply isn’t enough to cover your injuries, and the other driver has no insurance or not enough insurance, you still have options. For one, you may be able to seize the personal assets of the at-fault driver and use them to pay for your damages.
There may also be other parties who were liable for causing the accident. An attorney will investigate to determine if others could be named as defendants. Some possible examples include:
- The driver’s employer: This may be an option if the driver was working at the time he or she caused the accident.
- The manufacturer of your or the other driver’s automobile: If a defect in one of the vehicles either caused or aggravated the accident, the company might be liable for your losses.
- A vehicle parts manufacturer or supplier: The same principle applies to manufacturers and suppliers of defective vehicle parts.
- A bar or restaurant: If one of these establishments served too much alcohol to the driver, and the driver was intoxicated at the time of the accident, the business may be held responsible.
- Construction companies: Road work crews and other construction companies that create dangerous work conditions can be sued.
- State or local governments: The government is required to properly maintain roads and can be held liable if unsafe road conditions cause an accident (but note that different rules and deadlines apply to suing the government, so speak with an attorney).
If the driver is not found
Suppose the at-fault driver is never located. In this situation, you can still use your UMC to pay for bodily injuries. The policy won’t cover damage to your vehicle because that requires the driver to be identified. But you may not need it if you have collision coverage. Your attorney can work to make sure your insurance company lives up to its obligations under your UMC policy.
You still have the option of possibly suing some of the parties mentioned above. An experienced California car accident attorney can take a close look at the circumstances surrounding your accident to see who, besides the at-fault driver, may be held accountable for your injuries.
Count On Our Dedicated Legal Advocacy
Were you a victim of a hit-and-run accident? Are you unsure what your legal options are for receiving compensation? Do you need help making your own insurance company pay under an uninsured or underinsured policy? It’s time to speak with experienced legal counsel. You can also find more information and advice regarding hit-and-run accidents here. Reach out to our law firm today for help with your case.
