Understanding Your Rights After a Hit-and-Run Accident

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What Is a Hit-and-Run Accident?

A hit-and-run accident occurs when a driver involved in a collision leaves the scene without providing their information or offering assistance to anyone injured.

This act is illegal and can result in severe penalties for the offending driver. For victims, it can create a challenging situation where they are left dealing with injuries and property damage without knowing who is responsible.

Uninsured and Underinsured Insurance Policies

If you’ve been a victim of a hit-and-run accident, it’s essential to review your insurance policy. In many states, such as Texas, drivers can purchase uninsured motorist (UM) or underinsured motorist (UIM) coverage. These coverages are designed to provide financial support if the driver responsible for the accident lacks sufficient insurance or has no insurance at all.

Uninsured Motorist Coverage: This applies when the at-fault driver has no insurance coverage.
Underinsured Motorist Coverage: This applies when the at-fault driver’s insurance is insufficient to cover all the damages incurred.

Understanding these coverages is crucial, as they can be instrumental in helping you recover financially after a hit-and-run accident.

Filing a Claim for Uninsured/Underinsured Motorist Coverage

After experiencing a hit-and-run accident, your first step should be to file a claim with your insurance company under your UM or UIM coverage.

Make sure they understand that you are seeking compensation for all your losses. The insurance company will review your claim and decide whether to approve or deny it. If approved, you will receive compensation to cover some or all of your damages. If denied, it’s important to investigate the reason behind the denial and take appropriate action.

What to Do If Your UIM Claim Is Denied

If your insurance company denies your UIM claim, you have the right to request a copy of your insurance policy. Your policy is a contract that outlines when coverage benefits apply. Policies with UIM benefits usually include a section that explains the coverage in detail. Review this section carefully if your claim is denied. Claims can be denied based on specific exclusions in the policy, such as certain drivers not being covered. If your claim is denied due to an exclusion, verify this information yourself.

A car insurance document with toy cars and a pen on top, symbolizing an insurance claim process.

Request a Copy of Your Insurance Policy

Begin by obtaining a full copy of your insurance policy. This policy serves as a contract between you and your insurance company, outlining the terms and conditions under which coverage is provided.

Review the UIM Coverage Section

Carefully examine the section of your policy that pertains to UIM coverage. This part will detail the circumstances in which UIM benefits apply, providing clarity on why your claim might have been denied.

Check for Policy Exclusions

Insurance policies often include specific exclusions—situations or conditions where coverage is not provided. One of these exclusions may have contributed to the denial of your claim. Common exclusions might involve certain types of drivers or specific scenarios not being covered.

Verify the Exclusion

Don’t just take the denial at face value; verify the exclusion yourself. Ensure that the reason provided by the insurance company for the denial is explicitly stated in your policy and applies to your situation.

Seek Clarification from Your Insurance Company

If the policy language is unclear or if you believe the denial is unjustified, reach out to your insurance company for further explanation. Ask them to point out the exact clause in your policy that led to the denial.

Consider Legal Assistance

If you are unable to resolve the issue on your own, it may be beneficial to consult with a personal injury attorney. They can help interpret your policy and, if necessary, assist in challenging the denial.

A serious discussion between a stressed man and a female injury lawyer, who is providing legal advice in an office setting

Exploring Other Insurance Policies

Victims of hit-and-run accidents often overlook that their injuries might be covered under a relative’s insurance policy. Many insurance policies extend coverage not only to the policyholder but also to their household relatives. Parents, siblings, spouses, and kids can all fall under this category. Understanding who is eligible for benefits and when they apply can help maximize the compensation available for your claim.

A Practical Example of a UIM Claim

Consider this scenario: Mark is injured while riding as a passenger in Edward’s car, which is struck by a hit-and-run driver. Andres has his own car insurance and lives with his sister, Carmela, who also has her own policy. Despite the hit-and-run driver’s actions, Mark can still receive compensation from three different insurance policies:

Edward’s Policy: Since Mark was a passenger during the accident, Edward’s policy might cover his injuries.
Mark’ Own UIM Policy: Mark’ policy could provide benefits under his UIM coverage.
Carmela’s Policy: If Carmela’s policy includes coverage for household relatives, it could also cover Mark’ injuries, even though Carmela wasn’t involved in the accident.

Protecting Your Rights After a Hit-and-Run Accident

As shown in the example, there are often multiple avenues to secure compensation for injury victims, even when the at-fault driver is unidentified. Victims should explore all potential insurance policies, including those belonging to household relatives.

An experienced personal injury attorney can assist in identifying all possible sources of compensation. Roxell Richards Injury Law Firm has extensive experience representing hit-and-run accident victims. We passionately defend your rights and put out great effort to get you the money you are due.

Taking Action After a Hit-and-Run Accident

If you’re involved in a hit-and-run accident, follow these steps to protect your rights and improve your chances of receiving compensation:

Close-up of an injured person's hand holding a pen and filling out an accident report form due to hit-and-run

Call the Police: Report the accident to law enforcement immediately. They will file an official report that documents the incident.
Gather Information: Collect as much information as possible about the accident, including details about the other vehicle and driver, if available.
Seek Medical Attention: Even if your injuries seem minor, see a doctor. Certain injuries might not show symptoms at first.
Inform Your Insurance Provider: Notify your insurance company of the collision and start the claims procedure.
Keep Records: Maintain all records related to the accident, such as medical bills, repair costs, and correspondence with your insurance company.

Understanding Your Insurance Policy

It’s crucial to understand your insurance policy and the coverage it provides. Key points to review include:

Uninsured Motorist Coverage: Protects you if the at-fault driver has no insurance.
Underinsured Motorist Coverage: Helps cover damages when the at-fault driver’s insurance is insufficient.
Exclusions: Be aware of any exclusions that might prevent you from receiving compensation.
Coverage Limits: Know the maximum amount your insurance company will pay for a claim.

How Roxell Richards Injury Law Firm Can Assist You

After a hit-and-run accident, a personal injury attorney can be invaluable. They can:

Review Your Case: Analyze the details of your accident and recommend the best course of action.
Handle Insurance Companies: Manage all communications with insurers to protect your rights.
Gather Evidence: Compile evidence to support your claim, including medical records and witness statements.
Negotiate Settlements: Work to secure the best possible settlement from the insurance company.
Represent You in Court: If necessary, advocate for you in court to ensure your rights are upheld.

Dispelling Common Misconceptions About Hit-and-Run Accidents

There are many myths about hit-and-run accidents and how victims can seek compensation. The following are some typical myths and their corresponding truths:

Myth: You can’t get compensated if the at-fault driver is not found.
Truth: You can still receive compensation through your insurance policy or that of a household relative.
Myth: Hiring a personal injury attorney is too expensive.
Truth: Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case.
Myth: Minor injuries don’t qualify for compensation.
Truth: Even minor injuries can warrant compensation. It’s important to seek medical attention and document all injuries, regardless of severity.

Roxell Richards Injury Law Firm Represents Hit-and-Run Accident Victims

Being involved in a hit-and-run accident is stressful, but you have options to secure compensation for your injuries and damages. By understanding your insurance policy, taking the right steps after the accident, and seeking legal assistance, you can protect your rights and pursue the compensation you deserve.

At Roxell Richards Injury Law Firm, we are committed to helping hit-and-run accident victims. We offer guidance and support throughout the process of recovering compensation. Get in touch with us right now for a free consultation if you or a loved one has suffered injuries in a hit-and-run collision. We will work diligently to ensure you receive the justice and compensation you deserve.

Contact Information

Address: 6420 Richmond Ave. ste. #135, Houston, TX 77057

Phone: (713) 974-0388

Fax: (713) 974-0003

Local: (713) 974-0388

Toll-Free: 1-855-GOT-INJURED

Email: intake@roxellrichards.com