What to Do If Someone Flees The Scene of an Accident?
If the driver who hit your car flees the scene of the accident, there are certain steps you should take to ensure that you recover compensation, whether or not the hit-and-run driver is found. If you can, you should park your car away from traffic, check for any injuries, call the police or 911 to report the hit-and-run accident and wait for the police or emergency responders to arrive.
You should also write down any details you can remember about the hit-and-run driver and their vehicle, gather photos and videos of the accident scene, and talk to eyewitnesses. What you must not do, however, is chase the fleeing driver. Chasing a hit-and-run driver can be extremely dangerous. It can lead to another accident or, worse, a violent confrontation.
At Cunningham, Chernicoff & Warshawsky, P.C., our Harrisburg car accident attorneys have helped many injured clients get the compensation they need to pay for the losses they incurred in a hit-and-run crash, and we can do the same for you. If you haven’t spoken with our Harrisburg car accident lawyer about your claim, here’s what you should know about recovering compensation when the at-fault driver flees the scene.
Understanding Your Compensation Options After a Hit-and-Run Accident in Harrisburg
Pennsylvania follows a unique choice of no-fault auto insurance system, which will significantly impact how your claim is handled. Additionally, specific coverages on your own policy are designed for situations like hit-and-runs.
Your Tort Option
When you purchased your auto insurance, you selected either limited tort or full tort. This choice is critical. With limited tort, you have lower premiums. However, it restricts your right to sue for non-economic damages, like emotional distress, unless your injuries are deemed serious or certain exceptions apply, such as the at-fault driver was drunk, driving an out-of-state vehicle, or intentionally caused you harm. The full tort option costs more but preserves your unrestricted right to sue for all damages, including emotional distress, regardless of the severity of your injury.
First-Party Benefits or Medical Benefits
Regardless of who is at fault, your own auto insurance policy includes first-party benefits or personal injury protection (PIP) to cover your initial medical expenses. Pennsylvania law requires a minimum of $5,000 in medical benefits. This means your own insurer should cover your initial medical treatment up to your policy limit, providing immediate support.
Uninsured Motorist (UM) Coverage
This is the key to compensation when the at-fault driver is unknown or flees the scene and can’t be found. Pennsylvania law requires insurers to offer UM coverage, though it’s optional for you to purchase. If you have UM coverage, it steps in to cover the bodily injury damages the hit-and-run driver would have been responsible for if they had been identified and insured.
Stacking UM and UIM Coverages
The law generally allows you to stack UM and underinsured motorist (UIM) coverage if you have multiple vehicles on your policy or multiple policies unless you specifically waived this option in writing. Stacking can significantly increase the amount of coverage available for your injuries.
Be warned, however, that even though it’s your own insurer you’re dealing with, they will try to limit your payout. That’s where guidance from a seasoned Harrisburg car accident lawyer can be indispensable. Insurers often undervalue or deny legitimate UM claims. Your lawyer will serve as your advocate, negotiating with the insurer and contesting lowball offers.
Let Our Harrisburg Car Accident Lawyers Handle Your Hit-and-Run Case
Learn how our Harrisburg car accident lawyers at Cunningham, Chernicoff & Warshawsky, P.C. can secure maximum compensation for your losses by scheduling your free consultation online or at (717) 260-3527.