Being involved in a car accident can be overwhelming, but a hit and run accident adds a different level of worry and frustration. Hiring a Virginia personal injury lawyer who has handled hit and run accidents can offer steady guidance through this unfamiliar process. A lawyer will help you recover damages if the other driver is never found and protect your rights if the driver is located.
At Allen & Allen, our attorneys will help protect your interests by gathering evidence, managing discussions with insurance companies, and advocating for the recovery you may deserve under Virginia law. Our values guide our work. For more than 100 years, we have recognized and honored our responsibility to our clients, members of our firm, and our community.
We commit to more than simply providing you with legal representation. We commit to making your fight our fight, ensuring you are treated fairly by the insurance companies, and pursuing justice on your behalf. That’s what we mean when we say, “I am an Allen.”
What is a hit and run accident?
A hit and run accident occurs when a driver collides with another vehicle, pedestrian, cyclist, or property and leaves the scene without stopping to identify themselves or provide assistance. This is distinct from most other auto accidents, where both drivers typically pull over, check for injuries, exchange information, and wait for law enforcement to arrive.
In Virginia, as in many other states, leaving the scene of an accident can lead to criminal and civil consequences for the fleeing driver.
How a hit and run claim differs from typical car accident cases
The time after a collision can be stressful, and it can feel even more uncertain if the person responsible has left you to pick up the pieces on your own. In a typical car accident scenario, the at-fault driver’s insurance company would handle many of the financial obligations that arise from the crash, such as repair costs and medical bills.
When a driver flees, you may be left not knowing who will be responsible for those costs. This is where your own insurance policy, specifically your uninsured motorist (UM) or underinsured motorist (UIM) coverage, can come into play. In many cases, you may need to file a claim through your own insurance carrier if the other driver is never identified or if they do not carry adequate coverage.
A car accident by itself can be frightening, but a hit and run can amplify the emotional toll. Many clients describe feeling abandoned or disrespected by the other driver’s choice to flee. They might wonder how someone could ignore the possibility that they or their passengers were hurt. This emotional weight often adds more stress to an already confusing situation.
Virginia laws that may apply to a hit and run accident
Although legal codes can feel intimidating, there are specific Virginia laws that address a driver’s duty to stop at the scene of an accident. Under these laws, any driver involved in a collision resulting in injury, death, or property damage is expected to remain on the scene.
If the driver fails to stop, they could be charged with leaving the scene of an accident. Depending on the severity of the collision and the extent of the injuries or damage, this can carry penalties ranging from fines to jail time.
Insurance rules
In Virginia, drivers are allowed to operate their vehicle without carrying insurance if they pay a specific fee to the state (often referred to as the Uninsured Motorist Fee). This means there is a possibility you could encounter a driver who has not maintained any auto insurance. In a hit and run situation, uninsured motorist coverage through your own policy can help you secure compensation for medical expenses and other losses.
Every insurance policy differs, and details about coverage amounts can vary. A personal injury attorney can analyze your policy to see if you have adequate UM/UIM coverage and then prepare a claim. If you feel uncertain about your rights or how to proceed after a hit and run in Virginia, seeking legal counsel can help ensure that you follow the appropriate steps from the beginning.
Fault, negligence, and liability
Virginia follows a traditional fault-based system for car accident cases. The injured party must prove that the at-fault driver’s negligence caused the crash. In a hit and run scenario, this might seem especially daunting because the person at fault has disappeared. Still, the same basic legal elements of negligence apply. If the driver is never found, you may rely on your own uninsured motorist coverage, which can substitute for the other driver’s missing policy.
Deadlines to keep in mind
There are time limits (called statutes of limitation) that apply to personal injury claims. In Virginia, you generally have two years from the date of the accident to file a lawsuit for injuries. Filing an insurance claim might have shorter internal deadlines, so it’s advisable to explore your legal options sooner rather than later. A lawyer who handles personal injury cases can track all of these deadlines, which removes the pressure from you.
The insurance claims process
For many people, the most confusing part of any car accident case is figuring out what to do with insurance forms and carriers. Here is a closer look at how that process might unfold in a hit and run case:
- Opening a claim: You or your attorney can notify your insurance company about the accident, providing basic details such as the date, time, location, and any information you have on the fleeing driver.
- Investigation by the adjuster: An insurance adjuster may contact you with questions about the collision and your injuries. Remember that the adjuster’s goal is often to settle a claim quickly and for as little payout as possible. A personal injury lawyer can step in to protect your interests.
- Offer and negotiation: The insurer might make an initial offer based on medical bills and other documentation. It could be lower than what you believe you deserve. Your lawyer can negotiate to get a settlement that takes into account all of your current and future needs.
- Evaluation of settlement: Before you accept an offer, your attorney can discuss whether that offer is likely to cover your medical expenses, lost earnings, property damage, and pain and suffering.
- Resolution or litigation: If the insurer refuses to settle at a fair level, or you cannot agree on liability, your lawyer can file a personal injury lawsuit. In this instance, the claim may move to discovery, mediation, or trial if needed.
Throughout this process, your legal team can help you stay organized and informed. The idea is to keep surprises to a minimum and avoid the stress of handling these steps by yourself.
Working with Allen & Allen on your hit and run claim
At Allen & Allen, our legal team strives to manage your case with care, from gathering evidence to negotiating with insurance carriers. Below are some ways we can assist:
- Comprehensive investigation: We can review the accident scene, consult with law enforcement, and locate witnesses to find any evidence that will help identify the driver who fled or support your claim with your own insurance company.
- Coordination with medical providers: We stay in touch with your doctors to understand the full scope of your injuries and whether you might have future medical expenses.
- Documentation of losses: We gather bills, wage records, and any other proof of your financial losses to prepare a claim that accurately reflects the impact of the accident on your life.
- Insurance negotiations: We communicate with the insurance companies so that you don’t have to. You won’t be alone in this process, and your lawyer will keep you updated about any discussions or settlement offers.
- Preparedness for litigation: If the insurer refuses to offer fair compensation, we can file a lawsuit on your behalf and represent you in court. We take pride in standing up for your right to seek justice.
Why talking to a lawyer can help
Some people hesitate to contact a lawyer after an accident, worried that they might end up spending more time and energy than they want. They might also assume that if the driver is not identified, there is little hope for compensation. In reality, speaking with an attorney can clear up these doubts.
A consultation can give you an overview of how your claim might proceed, what compensation could be pursued, and which deadlines apply. You may also learn about your uninsured motorist coverage or other insurance benefits you were not aware of. If the at-fault driver is found later, having your lawyer already involved can help you respond quickly.
Building a supportive attorney-client relationship
When recovering from an accident, you deserve an attorney who addresses your concerns and communicates with clarity and compassion. At Allen & Allen, we strive for that connection. We take time to learn the individual details of your accident and your injuries, ensuring that we understand how your life has been affected.
Clients sometimes feel cautious about calling a law firm because they imagine their case might be too small or complicated. But each life altered by a car accident matters to us. Whether you suffered severe injuries or need help sorting through medical bills, we are here to explore your options with respect and care.
What happens if the other driver is not found?
A common question in hit and run situations is: “What if the other driver is never located?” It’s natural to feel discouraged, but you do have options.
Uninsured motorist coverage
As mentioned, if the at-fault driver cannot be identified, a claim might be filed under your uninsured motorist coverage. This can often cover medical expenses, lost wages, and some additional losses. A lawyer can communicate with your insurance company, gather evidence about the accident, and build a strong case to support your claim.
Investigation and evidence collection
Law enforcement may attempt to identify the runaway driver through witness statements, camera footage, or physical evidence left at the scene. A legal team can assist by gathering police reports, surveillance video, and any available photographs or eyewitness accounts to help maximize the likelihood of locating the missing driver. In some instances, they might be found later, even if it’s weeks or months after the crash.
Managing insurance complexities
Insurers sometimes resist paying claims, even if you are injured and the other driver is clearly at fault. Your attorney can handle these discussions on your behalf. The lawyer’s approach can help reduce your stress, as you won’t have to negotiate or gather endless documentation on your own.
What if the other driver is found?
Sometimes, the hit-and-run driver is identified through diligent investigation and cooperation from witnesses or the police. When this happens, several new paths open up for pursuing fair compensation.
Direct insurance claim
If the driver is found and has insurance, your lawyer can file a claim directly with their insurance carrier. This can simplify the process compared to an unknown driver claim, because there is now a clear at-fault policy to pursue.
Personal injury lawsuit
If the driver’s insurer refuses to offer a fair settlement, or if the driver was not insured, you can explore filing a personal injury lawsuit. A skilled attorney can handle gathering evidence, preparing legal filings, and representing your interests in court if a settlement cannot be reached.
Criminal charges and your civil claim
If law enforcement charges the hit and run driver with a crime, that criminal case is separate from your personal injury claim. However, evidence uncovered during the criminal investigation could strengthen your civil case. Having legal counsel can help ensure that you keep track of all relevant findings and present them effectively to support your claim for damages.
Whether the at-fault driver is ultimately found or remains unknown, your attorney’s role is to pursue the compensation you need to rebuild your life.
Contact Allen & Allen for a consultation
By choosing to speak with an attorney at the Allen Law Firm, you can free yourself from the burden of paperwork, complex insurance negotiations, and the unease of navigating the justice system alone. We handle the heavy lifting so you can devote your energy to healing.
Together, we can make your voice heard and work toward turning the page on a difficult chapter in your life. Call Allen & Allen at 866-388-1307 or contact us online to schedule a free consultation.
