When a driver collides with your vehicle and flees the scene, it is considered a hit-and-run accident. If the driver is found, you can file a claim to hold them liable for your accident injuries. However, if the driver is never found, you may still be able to seek compensation through your own insurance, depending on your coverage and the circumstances of the accident. A hit-and-run car accident lawyer from Cordisco & Saile can help you understand your rights and file a claim.
Table of Contents
- Can I File a Hit-And-Run Claim in Pennsylvania if the Driver Is Never Found?
- What if the Hit-And-Run Driver Is Identified After I File a Claim?
- Recoverable Damages in a Pennsylvania Hit-And-Run Claim
- Understanding Pennsylvania’s Reporting Deadline for Hit-And-Runs
- Is a Hit-And-Run in Pennsylvania Covered by Insurance?
- Can I Recover Compensation if I Share Fault for a Pennsylvania Hit-And-Run?
- How To Protect Your Claim After a Hit-And-Run in Pennsylvania
- Get in Touch With Our Pennsylvania Hit-And-Run Accident Lawyers for Legal Support
Can I File a Hit-And-Run Claim in Pennsylvania if the Driver Is Never Found?
If the hit-and-run driver from your accident is never identified, you may be able to recover compensation through your own insurance policy under your uninsured motorist coverage. Whether or not you can recover under your own policy will depend on the details of your policy and the circumstances of your accident. To help your case, make sure to report your accident to the police. Leaving the scene of an accident is a crime and the police will try to investigate who caused your crash. Also, notify your insurance company of the accident as soon as possible.
What if the Hit-And-Run Driver Is Identified After I File a Claim?
If the hit-and-run driver is identified after you file an insurance claim, your insurer can still pursue payment from the driver or their insurance company to recover its costs. This process is called subrogation. If your insurer recovers money, you could be reimbursed for some or all of your deductible. Identifying the driver may also give you the option to file a claim directly against their insurance or pursue a lawsuit against the hit-and-run driver for additional damages.
Recoverable Damages in a Pennsylvania Hit-And-Run Claim
In Pennsylvania, hit-and-run victims can generally recover compensation for economic and non-economic damages. Economic damages compensate you for the tangible losses related to your accident and injuries, including:
- Medical bills and future treatment costs
- Lost wages and reduced earning capacity
- Vehicle repair or replacement costs
- Out-of-pocket expenses
Non-economic damages are much more subjective and meant to cover hard-to-calculate damages, such as:
- Physical pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
Hit-and-run accidents often fall under the category of cases that involve especially egregious actions on the defendant’s part. As a result, the court may award punitive damages as a means to punish recklessness and deter similar actions in the future.
Pennsylvania’s Deadline for Filing a Hit-and-Run Claim
In Pennsylvania, you generally have two years from the date of a hit-and-run accident to file a personal injury lawsuit under the statute of limitations. If you miss this deadline, the court will likely dismiss your case, which would prevent you from recovering compensation.
Some exceptions may apply, including certain claims involving minors or cases against government entities, which can have different rules and notice requirements.
Contacting a lawyer early on in your case can help you understand which deadlines apply. They can also work to preserve important evidence, such as surveillance footage, witness statements, and police reports.
Is a Hit-And-Run Accident in Pennsylvania Covered by Insurance?
Insurance may cover a hit-and-run accident in Pennsylvania, but what you can recover depends on your policy and whether you suffered injuries, vehicle damage, or both.
- Uninsured motorist coverage: Can cover costs for medical care that result from a hit-and-run if the claim meets your policy’s requirements
- Collision coverage: Can help pay for vehicle repairs or replacement, minus your deductible
- Personal injury protection: Pennsylvania requires medical benefits coverage, which can help pay accident-related medical bills regardless of fault
- Medical payments or health insurance: May cover medical expenses that other insurance does not pay, depending on your plan
Check your policy to see what coverage you have and what limits or deductibles apply. Along with this, report the accident to your insurer as soon as possible, since delays or missed policy deadlines could affect your claim.
Can I Recover Compensation if I Share Fault for a Pennsylvania Hit-And-Run Accident?
Pennsylvania uses a modified comparative negligence model to determine how much compensation you are entitled to receive. Under this rule, you can generally recover compensation after a car accident if you are 50% or less at fault, but your award will be reduced by your share of responsibility. However, if you are 51% or more at fault, you will be completely barred from recovering damages.
Nuances in a Hit-And-Run Case
Figuring out who was at fault can be difficult when the other driver takes off or is never found. Photos, witness statements, surveillance footage, and the police report may help show what happened and who was responsible. Keep any evidence you have, and consider talking to a lawyer if the insurance company disputes your account of the accident.
How To Protect Your Claim After a Hit-And-Run in Pennsylvania
Taking the right steps after a hit-and-run in Pennsylvania can help protect your health and strengthen your insurance claim, especially if the driver is never found.
- Call the police: Report your hit-and-run accident as soon as possible. A police report can help document the accident and may be required for an uninsured motorist claim.
- Gather evidence at the scene: Take photos of the damage, road conditions, and any injuries. Get contact information from witnesses and note what you remember about the fleeing vehicle.
- Get medical care: Seek medical attention right away, even if your injuries seem minor. Medical records can help establish a connection between your injuries and the accident.
- Notify your insurance company: Report the incident to your insurance company and ask about the requirements for filing an uninsured motorist claim, including any deadlines to be aware of.
- Keep your records: Save the police report, medical bills, repair estimates, and receipts for accident-related expenses.
Get in Touch With Our Pennsylvania Hit-And-Run Accident Lawyers for Legal Support
If you were hurt in a hit-and-run accident in Pennsylvania, you may still have a way to recover compensation, even if the driver is never found. At Cordisco & Saile, our experienced attorneys can review your case, explain your options, and help you deal with the insurance claim. Contact us for a free consultation at 215-642-2335 to discuss your case and learn how we can help.
