What To Do If You’re Involved In A Hit-And-Run Accident

What To Do If You’re Involved In A Hit-And-Run Accident

Being involved in a car accident is stressful, but when the at-fault driver flees the scene, it can become even more frustrating and complicated. Hit-and-run accidents leave victims dealing with injuries, vehicle damage, and uncertainty about how to recover compensation. Illinois law requires drivers involved in an accident to stop and provide their contact and insurance information. Failing to do so is a serious offense that can result in criminal charges.

Victims of hit-and-run accidents may still have legal options for recovering damages, even when the at-fault driver is unidentified. Understanding your rights and taking the proper steps after a hit-and-run accident can help protect your interests and increase your chances of securing compensation.

Immediate Steps To Take After A Hit-And-Run Accident

Ensure Your Safety And Call 911

Your first priority after any accident is to ensure your safety and seek medical attention if necessary. If you or any passengers are injured, call 911 immediately. Even if injuries are not apparent, it is best to get checked by a medical professional, as some injuries may not become noticeable until hours or days later.

Gather As Much Information As Possible

While the at-fault driver may have fled, collecting any available evidence can help law enforcement track them down. If possible, try to gather:

  • The make, model, and color of the fleeing vehicle
  • A partial or full license plate number
  • A description of the driver
  • The direction the vehicle was heading
  • The time and location of the accident

Additionally, look for witnesses who may have seen the incident and ask for their contact information. Their testimony may be helpful in identifying the driver and supporting your claim.

Report The Accident To Law Enforcement

Under 625 ILCS 5/11-401, Illinois law requires drivers to report accidents involving injuries, fatalities, or significant property damage. Filing a police report can provide critical documentation for your claim. Officers will investigate the accident, review surveillance footage if available, and attempt to locate the at-fault driver.

Notify Your Insurance Company

Even if the hit-and-run driver is not identified, you should still report the accident to your insurance company as soon as possible. Illinois requires all drivers to carry uninsured motorist (UM) coverage, which may help cover damages if the at-fault driver is not found. However, insurers may attempt to minimize payouts, so it is essential to have legal representation when dealing with your claim.

How Uninsured Motorist Coverage Helps In Hit-And-Run Accidents

In Illinois, uninsured motorist coverage is included in all auto insurance policies unless specifically waived in writing. This coverage can be crucial in hit-and-run accidents where the at-fault driver is never located.

Under 215 ILCS 5/143a, uninsured motorist coverage may compensate you for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage

Filing a claim through your uninsured motorist coverage can be complex, and insurance companies may dispute the claim or offer a low settlement. An experienced attorney can help ensure you receive the compensation you deserve.

What Happens If The Hit-And-Run Driver Is Found?

If law enforcement identifies and locates the at-fault driver, they may face criminal charges and civil liability. Depending on the severity of the accident, charges may include:

  • Misdemeanor hit-and-run – If the accident caused only property damage, the driver may face a Class A misdemeanor charge under 625 ILCS 5/11-402.
  • Felony hit-and-run – If the accident resulted in injury or death, the driver could face felony charges under 625 ILCS 5/11-401, leading to severe penalties, including imprisonment and hefty fines.

Additionally, victims may file a personal injury lawsuit against the at-fault driver to recover damages beyond what insurance covers.

Why Legal Representation Is Essential

Hit-and-run cases can be complicated, and insurance companies may not always act in your best interest. An attorney can help you:

  • Investigate the accident and identify potential sources of compensation
  • Handle negotiations with insurance companies to ensure fair compensation
  • Represent you in legal proceedings if necessary

At The Law Offices of Robert T. Edens, P.C., we understand the challenges victims face after a hit-and-run accident. We are committed to helping you recover the compensation you need to move forward.

Accident Claim Frequently Asked Questions

What Should I Do If The At-Fault Driver Leaves The Scene?

If the at-fault driver flees the scene, try to gather as much information as possible, including the vehicle’s make, model, color, and any identifying details. Contact law enforcement immediately and file a police report. Seek medical attention if necessary and notify your insurance company about the accident.

Can I Still Get Compensation If The Hit-And-Run Driver Is Never Found?

Yes, you may be able to recover compensation through your uninsured motorist (UM) coverage. This coverage is required in Illinois and can help cover medical expenses, lost wages, and pain and suffering if the at-fault driver is unidentified.

What Penalties Does An At-Fault Driver Face In A Hit-And-Run Case?

Illinois law imposes strict penalties for hit-and-run offenses. If the accident caused only property damage, the at-fault driver may be charged with a misdemeanor. However, if the accident resulted in injury or death, the driver could face felony charges, fines, and potential jail time.

How Does Uninsured Motorist Coverage Work For Hit-And-Run Accidents?

Uninsured motorist coverage provides compensation for damages when the at-fault driver cannot be identified. This coverage may help pay for medical bills, lost wages, and other losses. However, insurance companies may try to minimize payouts, so having an attorney handle your claim can be beneficial.

How Long Do I Have To File A Claim After A Hit-And-Run Accident?

In Illinois, the statute of limitations for personal injury claims is generally two years from the date of the accident under 735 ILCS 5/13-202. For property damage claims, you may have up to five years under 735 ILCS 5/13-205. However, insurance policies may have shorter deadlines, so it is best to act quickly.

What If My Injuries From A Hit-And-Run Accident Worsen Over Time?

If your injuries worsen after the accident, you may still be able to recover compensation. It is crucial to seek medical attention immediately and document your symptoms. Your attorney can help gather medical evidence and ensure you receive fair compensation for long-term effects.

Do I Need A Lawyer For A Hit-And-Run Accident Claim?

While you are not required to have a lawyer, working with an experienced attorney can improve your chances of securing full compensation. Insurance companies may attempt to deny or reduce claims, and a lawyer can help protect your rights and negotiate on your behalf.

How Can I Improve My Chances Of Identifying The Hit-And-Run Driver?

If possible, try to gather witness statements, review nearby security footage, and check traffic cameras that may have captured the accident. Law enforcement may also use this information to locate the at-fault driver.

Contact Our Cook County Car Accident Lawyers

A hit-and-run accident can leave you feeling frustrated and uncertain about your next steps. At The Law Offices of Robert T. Edens, P.C., we are dedicated to helping accident victims recover the compensation they deserve.

Contact our Cook County car accident lawyers at The Law Offices of Robert T. Edens by calling 847-395-2200 for a free consultation. We serve clients in Antioch, Waukegan, Woodstock, and throughout Illinois from our office locations. Let us help you protect your rights and pursue the compensation you need.

Call today for a free consultation

(847) 395-2200