If you were involved in a hit and run as the victim, you might wonder whether or not you can file a claim or lawsuit against the driver. If possible, preserve any evidence pertaining to the accident. This could include:
- Photos of the scene.
- Get the contact details of witnesses.
- Write down any information known about the fleeing driver and their vehicle.
- Photos of your injuries.
Be sure that you immediately call the police and file a report about the accident if this was not done at the scene. Make an effort to cooperate with the police. If you were seriously injured and taken to the hospital, the police may visit you there to ask questions.Tell the police officer everything you remember. For example:
- The color/model of the vehicle.
- License plate number.
- State of the license plate.
- Notable items or details in or on the car.
- What the driver looked like.
- Anything else that could help to identify the driver.
Options for Legal Recourse Following a Hit and Run Accident
Unfortunately, unless the police are able to find the driver who fled the scene, there may be no way to take legal action against the driver. Furthermore, even if the driver is found, there is a good chance that he or she fled the scene because they are uninsured or underinsured. While you could file a lawsuit against that person, you won’t necessarily be able to recover your financial damages. It is only possible to do so when that person has assets such as:
- Property or real estate.
- Money in a bank account.
- High value property (i.e. jewelry, art, cars, etc.).
The vast majority of drivers who flee a scene do not have insurance because they also don’t have any money or valuable assets. There may be other options which is why you should consult a Memphis car accident lawyer.
If the driver fled, you may need to cover the costs of all your losses such as your medical expenses. However it might be possible to file an uninsured motorist claim with your own insurance policy. Depending on the state in which you live, insurance companies must provide their clients with uninsured motorist coverage. If you have elected not to have this coverage, then it wouldn’t apply.
Uninsured motorist coverage generally pays for the damages that the feeling driver would have had to cover. If your insurance company is denying this coverage to you, it is possible to sue them. Call a Memphis car accident lawyer as soon as possible to learn your rights.
Call Darrell Castle and Associates, PLLP
If you’ve been involved in a hit and run, you may seek advice from a car accident lawyer Memphis TN by calling today.