Q.
A while ago I was involved in a hit-and-run accident.
A hit-and-run vehicle hit my car and fled the scene, causing me to suffer injuries including a broken leg and severe damage to my car.
Is there any way I can receive compensation for my medical expenses and the damage to my car that was incurred as a result of the hit-and-run accident?
A.
To conclude, you can receive compensation for bodily injury resulting from a hit-and-run accident through the 'Uninsured Motorist' ('UM') coverage of your insurance policy.
'Uninsured Motorist Compensation' (UM) is designed to compensate for bodily injury (but not property damage) sustained from uninsured drivers, underinsured drivers, or hit-and-run accidents.
Before an insurance company will acknowledge a hit-and-run accident, there are conditions that must be met.
- You must file a police report within 24 hours of the accident.
(However, if it has been more than 24 hours, you should still file a police report.
The reason you should file a report immediately after the accident is because a delay in reporting can be used as a justification by the insurance company to deny coverage.) - Evidence of 'physical contact' between your vehicle and the hit-and-run vehicle.
- If there is no evidence of 'physical contact', a witness who saw the vehicle causing the hit-and-run accident.
If you have written down the license plate number of the vehicle involved in the hit-and-run, you can contact the Department of Motor Vehicles (DMV) to find out who owns the vehicle and to check if the vehicle is insured.
If the vehicle is insured, you can file a claim for damages from the at-fault driver's insurance company. If the vehicle is uninsured, your insurance company will pay for the damages through the Uninsured Motorist Compensation (UM) policy.
However, if the hit-and-run vehicle cannot be located, evidence of 'physical contact' is required.
Physical contact is evidence of paint on your car from the hit-and-run vehicle.
The insurance company will send an inspector to look for evidence of physical contact.
If physical contact is confirmed, UM applies to compensate for bodily injury, including medical expenses and pain and suffering.
In this case, since you may not remember the license plate number of the hit-and-run vehicle, the insurance company will ask for evidence of physical contact between the hit-and-run vehicle and the vehicle you were involved in the accident.
Therefore, take as many pictures of any paint or scratches from the hit-and-run vehicle as possible.
If the damage to your vehicle is minimal and there is no evidence of “physical contact,” or if the accident occurred without any physical contact with the hit-and-run vehicle, it can be extremely difficult to file a hit-and-run claim with your insurance company.
However, if there are witnesses to the accident, the “physical contact” requirement can be overcome.
UM insurance compensation is limited to bodily injury compensation, and damage to vehicles is not covered by UM insurance.
Damage to your car may be covered by your collision insurance, but you will have to pay a deductible.
For example, if the estimated repair cost is $3,000, your insurance company will only pay $2,000, minus your $1,000 deductible.
Also, if you have Uninsured Motorist Property Damage ('UMPD') coverage, you will not have to pay the deductible, but you must know the license plate number of the vehicle involved in the hit-and-run.
Please note that if you are involved in a hit-and-run accident that results in bodily injury or death, this is a felony and you may be entitled to compensation for your medical expenses from the California Victims Compensation Fund (https://victims.ca.gov/).
California has a hit-and-run rate of 11% and uninsured drivers at 18%.
For this reason, it is especially important for homeowners to have UM insurance, and it would be wise to have as much UM coverage as you can afford.
For your information, our office offers free evaluations of your current auto insurance policy.
Q.
A while ago I was involved in a hit-and-run accident.
A hit-and-run vehicle hit my car and fled the scene, causing me to suffer injuries including a broken leg and severe damage to my car.
Is there any way I can receive compensation for my medical expenses and the damage to my car that was incurred as a result of the hit-and-run accident?
A.
To conclude, you can receive compensation for bodily injury resulting from a hit-and-run accident through the 'Uninsured Motorist' ('UM') coverage of your insurance policy.
'Uninsured Motorist Compensation' (UM) is designed to compensate for bodily injury (but not property damage) sustained from uninsured drivers, underinsured drivers, or hit-and-run accidents.
Before an insurance company will acknowledge a hit-and-run accident, there are conditions that must be met.
(However, if it has been more than 24 hours, you should still file a police report.
The reason you should file a report immediately after the accident is because a delay in reporting can be used as a justification by the insurance company to deny coverage.)
If you have written down the license plate number of the vehicle involved in the hit-and-run, you can contact the Department of Motor Vehicles (DMV) to find out who owns the vehicle and to check if the vehicle is insured.
If the vehicle is insured, you can file a claim for damages from the at-fault driver's insurance company. If the vehicle is uninsured, your insurance company will pay for the damages through the Uninsured Motorist Compensation (UM) policy.
However, if the hit-and-run vehicle cannot be located, evidence of 'physical contact' is required.
Physical contact is evidence of paint on your car from the hit-and-run vehicle.
The insurance company will send an inspector to look for evidence of physical contact.
If physical contact is confirmed, UM applies to compensate for bodily injury, including medical expenses and pain and suffering.
In this case, since you may not remember the license plate number of the hit-and-run vehicle, the insurance company will ask for evidence of physical contact between the hit-and-run vehicle and the vehicle you were involved in the accident.
Therefore, take as many pictures of any paint or scratches from the hit-and-run vehicle as possible.
If the damage to your vehicle is minimal and there is no evidence of “physical contact,” or if the accident occurred without any physical contact with the hit-and-run vehicle, it can be extremely difficult to file a hit-and-run claim with your insurance company.
However, if there are witnesses to the accident, the “physical contact” requirement can be overcome.
UM insurance compensation is limited to bodily injury compensation, and damage to vehicles is not covered by UM insurance.
Damage to your car may be covered by your collision insurance, but you will have to pay a deductible.
For example, if the estimated repair cost is $3,000, your insurance company will only pay $2,000, minus your $1,000 deductible.
Also, if you have Uninsured Motorist Property Damage ('UMPD') coverage, you will not have to pay the deductible, but you must know the license plate number of the vehicle involved in the hit-and-run.
Please note that if you are involved in a hit-and-run accident that results in bodily injury or death, this is a felony and you may be entitled to compensation for your medical expenses from the California Victims Compensation Fund (https://victims.ca.gov/).
California has a hit-and-run rate of 11% and uninsured drivers at 18%.
For this reason, it is especially important for homeowners to have UM insurance, and it would be wise to have as much UM coverage as you can afford.
For your information, our office offers free evaluations of your current auto insurance policy.