Personal Injury 101: Who Pays In a Hit and Run Accident?
It’s just another night and you’re driving home after a long day at work. You’re driving within the speed limit but the car behind you definitely isn’t. It’s traveling incredibly fast; so fast that the driver happens to lose control. The car sharply turns in, hitting your car and sending you crashing into the wall.
You’re shaken but conscious. You look around to see if anyone else got hurt and that’s when you realize that the vehicle that hit you is nowhere to be seen. It’ll take a few moments for you to settle down but it will soon dawn on you that you’ve been a victim to a hit and run accident.
Most law-abiding citizens that may have accidently hit another car do get out of their vehicles to check on the driver/passengers present in the car they hit. But there are people out there that will jet right past the site to avoid legal trouble and penalties.
Hit and run victims have to deal with injuries and damages incurred by the accident. You will be asked to provide as many details you can about the vehicle that hit you but unless they have the license number they probably won’t be able to track the car down. In this case you will have to pay a visit to your insurance agency to file an auto insurance claim.
Insurance agencies will do what they can to minimize the amount you’re due and that’s when you need to seek the help of a personal injury lawyer. A personal injury lawyer will help you get the compensation you rightfully deserve.
Here’s what you need to consider:
Car Insurance Coverage
Your car insurance coverage will determine who pays for the damages incurred. Analyze your insurance policy closely:
No-Fault/PIP Coverage
Some states offer no-fault car insurance which means your car insurance policy provides PIP coverage (Personal Injury Protection).
Through PIP you can receive compensation for lost wages, medical expenses and replacement services. If you need assistance with everyday chores due to the accident, replacement services will cover the added expenses.
In some states when you’re first signing up for insurance, you will be asked to set a limit based on the amount you’re willing to pay for insurance. In other states, the limit is set by the law.
Note no-fault/PIP coverage provides compensation only for economic losses; it won’t cover you for emotional pain & suffering caused by the incident.
Collision Coverage
If your car has been damaged in the accident, you’ll have to check for collision coverage. Those with collision coverage can make a claim for the damages caused to the vehicle but it would be deductible in most cases—you would have to come up with the money for repairs, until the policy kicks in. Had the other driver not run away, they would have been responsible to pay the deductible.
Bear in mind that collision coverage only pays for the damages the vehicle incurred, it doesn’t compensate for medical injuries.
Uninsured Motorist Coverage
In case the law enforcement officials fail to bring in the drivers or owner of the vehicle that hit you, uninsured motorist coverage is likely your only source of monetary compensation.
In this scenario, instead of making a claim against the other driver, you will have to file a claim against the insurance company. The amount the insurance company pays will be restricted by the uninsured motorist coverage you bought. If you can’t reach a settlement with the company you may have to take them to court.
Generally, the insurance company will pay for lost wages, medical expenses and pain & suffering provided that is within the limit.
Liability Insurance
If you’re located in a state that doesn’t offer no-fault insurance, you’ve probably got liability insurance. Liability insurance protects you against the claims of another party. If you hit someone’s car, you will be covered by liability insurance.
If you’ve gotten into a car accident and require a personal injury lawyer in New York, contact Milenkovic Law Group PLLC at 914-202-0610. We provide various legal services in parts of New York such as The Bronx, Brooklyn, Long Island, Manhattan, Queens and Westchester.