Can You Still Recover Damages If the Hit-and-Run Driver Is Never Found in Pennsylvania?

Hit-and-run accidents are among the most frustrating and distressing experiences drivers can endure. Not only are victims left dealing with physical injuries, emotional distress, and vehicle damage, but they’re also burdened by the uncertainty of not knowing who was responsible. A common concern for victims of hit-and-run incidents in Pennsylvania is whether they can still recover damages if the at-fault driver is never identified. Fortunately, there are options for victims, but navigating these cases requires guidance from an experienced Philadelphia hit and run lawyer.

The Immediate Aftermath of a Hit-and-Run Accident

Immediately following a hit-and-run accident, victims often feel overwhelmed and unsure of what steps to take. The first priority should always be personal safety and health. Seek immediate medical attention even if injuries initially seem minor. Documenting medical care promptly ensures a clear link between injuries sustained and the accident itself.

Next, report the accident to the police without delay. Law enforcement will file an official report and may begin searching for the responsible driver. Having a police report is essential, as it serves as formal documentation of the incident, which is necessary for insurance claims and potential legal action.

Pennsylvania Laws on Hit-and-Run Accidents

In Pennsylvania, leaving the scene of an accident is a serious crime. Under 75 Pa.C.S. § 3742, drivers involved in an accident resulting in injury or death must stop, provide information, and render aid. Failing to do so can result in severe criminal penalties. While these laws are designed to discourage drivers from fleeing accident scenes, unfortunately, not all drivers comply, leaving victims uncertain about their options for compensation.

Insurance Options for Victims of Hit-and-Run Accidents

One of the most common ways victims of hit-and-run accidents in Pennsylvania recover damages is through their own auto insurance policy. Specifically, uninsured motorist (UM) coverage is designed to provide compensation when the at-fault driver either has no insurance or, as is the case in hit-and-run accidents, cannot be identified.

Pennsylvania law mandates that insurers offer uninsured motorist coverage, but policyholders can reject this coverage in writing. For victims who have opted into this coverage, UM can help cover expenses related to medical treatment, vehicle repair, lost wages, and even pain and suffering resulting from the accident.

Navigating the Claims Process with Uninsured Motorist Coverage

While UM coverage is an essential safety net, the claims process can be challenging. Insurance companies, even your own, often scrutinize hit-and-run claims closely to minimize payouts. They may dispute the severity of injuries or the circumstances of the accident. This is why meticulous documentation is vital. Every piece of evidence strengthens your claim, including medical records, police reports, photographs from the accident scene, and witness statements.

Working with a qualified Philadelphia car accident lawyer can significantly ease this process. Experienced attorneys understand the tactics insurance companies often use and can aggressively advocate for fair compensation, ensuring your claim is thoroughly documented and persuasively presented.

What If You Do Not Have Uninsured Motorist Coverage?

For drivers without uninsured motorist coverage, the situation can become more complicated. Victims might explore other avenues, such as collision coverage, which can address vehicle damage after payment of the applicable deductible. However, this type of coverage typically does not provide for medical expenses or pain and suffering.

In some instances, victims might pursue compensation through health insurance or disability insurance to manage medical costs and lost income, but this leaves gaps in full compensation and recovery. The complexity and limitations underscore the importance of regularly reviewing your auto insurance policy to ensure adequate protection in scenarios like hit-and-run accidents.

The Importance of Legal Representation

Given the inherent complexities in hit-and-run cases, particularly when the responsible driver remains unidentified, obtaining competent legal representation is crucial. A knowledgeable lawyer can carefully analyze your insurance policies, interpret policy language, and ensure you are maximizing your recovery options.

A lawyer can also handle negotiations with your insurance company, employing strategies that counteract common insurance tactics aimed at reducing or denying valid claims. Their expertise ensures your rights are vigorously protected throughout the entire process.

Taking the Right Steps for Your Future

If you’ve been involved in a hit-and-run accident in Pennsylvania, taking prompt action significantly impacts your potential for recovery. Ensure thorough medical and police documentation immediately after the incident, review your insurance coverage carefully, and most importantly, consult with a skilled attorney who can navigate these complexities for you.

Contact The Villari Firm

At The Villari Firm, we are dedicated to protecting the rights of victims affected by hit-and-run accidents in Pennsylvania. Our experienced Philadelphia hit and run lawyer team is skilled at navigating complicated insurance claims and securing fair compensation for our clients. You don’t have to face the uncertainty and complexity alone. Contact us today for a free consultation and let our dedicated professionals guide you toward recovery and justice.

Source:

legis.state.pa.us/WU01/LI/LI/CT/HTM/75/00.037.042.000..HTM