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Have You Been Injured By a Hit-And-Run Driver?
The law requires California drivers to stop if they crash into another vehicle, a pedestrian, a bicycle, or cause any other traffic mishap. Not all drivers obey that law. If a hit-and-run driver injures you in or near Ventura, arrange to speak with a Ventura car accident lawyer.
Nearly 150 people are killed every year in hit-and-run accidents in California, and several thousand are seriously injured. What are your rights in this state if a hit-and-run driver injures you?
In most cases arising from traffic accidents in California, the injured victim of a negligent driver has the right to sue that driver to recover compensation, but what are your rights and recourse if a negligent driver injures you, flees from the scene of the accident, and cannot be found?
What is the Definition of Hit-and-Run?
In California, if you are injured by a negligent driver, you are entitled by law to compensation for your lost wages, medical expenses, suffering and pain, and related damages. Every case of personal injury is complicated and unique, but hit-and-run cases can be particularly difficult.
A hit-and-run accident happens when one driver refuses to stop and instead flees the scene. Injured victims of that driver have no information about the driver’s auto insurance and none of the other information they need to bring a personal injury claim and recover compensation.
Why Do Some Drivers Hit and Then Run?
It’s no surprise that hit-and-run accidents are frequently linked to other crimes. A driver may flee from the scene of an accident if that driver:
- has no automobile insurance
- is driving a stolen vehicle
- is driving under the influence
- is in possession of unlawful drugs or weapons
- is the subject of a warrant for his or her arrest
A hit-and-run incident can happen whenever a traffic crash occurs. After an accident, write down immediately the other vehicle’s license plate number and description. Until the police arrive, stay alert to the possibility that the other driver may try to “bolt” from the accident scene.
How Do California’s Criminal Courts Handle Hit-and-Run Cases?
Hit-and-run offenses are charged as misdemeanors in California when the only damage is property damage. A misdemeanor hit-and-run conviction may be penalized with:
- up to six months in jail and/or a fine of up to $1,000.00
- up to three years of probation
- court-ordered payment of restitution for the property damage
- two penalty points on the offender’s driving record
When a victim is killed or injured, hit-and-run is a felony in this state. A conviction for felony hit-and-run may be penalized with a fine of $1,000 to $10,000 and sixteen months to three years in prison. If a victim dies or is seriously injured, the prison term may run for two to four years.
Take These Steps After a Hit-and-Run
After a traffic accident, if the other driver runs, immediately write down whatever you can remember: the vehicle’s make, model, color, and/or license plate number. Ask any eyewitnesses for their names and a way to contact them. Someone may have seen the fleeing driver.
You will need to provide as much information as possible to your Ventura personal injury attorney, the police, and your auto insurance company. You will also need to have some patience. The police may need several weeks to identify, find, and arrest a hit-and-run driver.
If the driver who injured you is never identified and cannot be found, will it still be possible to acquire compensation for medical expenses, lost wages, and related damages? In California, the answer to that question is “maybe.” It depends on your insurance and the details of your policy.
Will Uninsured Motorist Coverage Pay Your Hit-and-Run Damages?
Drivers aren’t required by California law to carry uninsured motorist (UM) coverage, but you should have it. UM coverage pays your medical expenses after a collision if you’re injured by a negligent motorist who has no insurance or insurance insufficient to cover your claim.
However, the uninsured motorist claim you file with your insurance company is usually transferred by your company to the other driver’s insurance company, and if that driver and company cannot be identified, your own insurance company could deny your UM claim.
If you can’t obtain an acceptable settlement from your insurance company, you have a two-year deadline (from the accident date) to take legal action to obtain compensation. You can only be certain that your claim is being handled properly by consulting a Ventura car accident lawyer.
Do You Carry MedPay Coverage?
Liability insurance covers only the other driver’s bodily injury and property damages in an accident if you are the at-fault driver. You can’t file a claim for hit-and-run injuries under your liability insurance. Collision coverage does not cover medical bills, either.
Medical Payments Coverage, or “MedPay,” is optional California auto insurance coverage that pays medical expenses for you and your passengers without regard to which party is at fault. Not all injuries are covered by MedPay, but most auto accident-related injuries are covered.
MedPay usually pays for surgeries, equipment, nursing care, and rehabilitation costs up to the policy limit. Again, if you can’t obtain an acceptable settlement, you have two years from the accident date to bring legal action with the help of a Ventura personal injury attorney.
Injured By a Hit-and-Run Driver? Take Your Injury Claim to Skinner Law Corp
If you are injured by a negligent driver in Southern California, whether or not that driver flees the scene of the accident, you’re going to need the advice and representation that an experienced personal injury attorney provides. Take your case at once to Skinner Law Corp.
An insurance company may not want to pay what it owes you, and negligent parties often try to avoid accountability. At Skinner Law Corp, attorney Troy Skinner will help you overcome these challenges and recover the compensation – as well as the justice – that you need and deserve.
If you are injured by a negligent driver or a hit-and-run driver in Southern California, promptly arrange a legal consultation to discuss your options and rights by calling Skinner Law Corp at 310-356-0074. We are ready to advocate aggressively and effectively on your behalf.
