What to Do if the Other Driver Leaves the Scene of an Accident
If you get into an accident and the other driver leaves the scene, the first thing you should do is ensure that you and your passengers are safe and call for medical assistance if needed. Then, you should call the police, document the scene, and notify your insurance of the situation.
After a hit-and-run accident, you may be left with injuries, vehicle damage, and emotional trauma, on top of the sense of injustice caused by the other driver. But in Arkansas and Tennessee, the law is clear: Leaving the scene of an accident is a crime.
Read on to learn the next steps to take — or, if you want an advocate by your side during this difficult time, reach out to our experienced team of car accident attorneys today and tell us your story. We offer a free case review, and we’re here to support you as you begin the journey toward healing.
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What Are the Consequences for Leaving the Car Accident Scene?
In Arkansas and Tennessee, if a driver is involved in an accident that results in injury or death, they are legally required to remain at the scene, provide necessary assistance to the injured, and report the accident to law enforcement.
When a driver leaves the scene of an accident, they could face:
Law enforcement will investigate the incident, and if the fleeing driver is identified, they may face criminal charges such as hit-and-run, reckless driving, and potentially even vehicular manslaughter if injuries or fatalities occur.
In addition to criminal charges, the fleeing driver can be held liable in a civil lawsuit for damages suffered by the victim. This includes a wide range of potential compensation for medical expenses, lost wages, pain and suffering, and more.
Leaving the scene of an accident can result in increased insurance premiums, policy cancellation, or difficulty obtaining car insurance in the future
The Role of Insurance in a Hit-and-Run
It isn’t easy to understand your insurance policy, its coverages, and how to navigate an insurance claim after a hit-and-run accident. Our team of lawyers is here to walk you through the basics.
Collision and Uninsured Motorist Coverage
If someone hits your car and drives off, you may need to turn to your car insurance policy to pay your bills. Collision and Uninsured Motorist coverage are two of the policies that can help.
- Collision Coverage. Collision coverage typically helps pay for repairs to your own vehicle, regardless of who is at fault. In a hit-and-run scenario, if the responsible driver is not found, your collision coverage can cover repairing your vehicle minus your deductible.
- Uninsured Motorist Coverage. Uninsured Motorist Coverage is designed to protect you when you’re involved in an accident with a driver who doesn’t have insurance or cannot be identified. It can help cover medical expenses and damages to your vehicle. This coverage is especially important in hit-and-run accidents, where the offending driver often remains unidentified.
How to Communicate With Insurance After an Accident
Inform your insurance company about the accident immediately, even if the at-fault driver is unknown. Provide the necessary details, such as the official accident report and any evidence you gathered at the scene.
While interacting with insurance adjusters, be cautious about what you say. Stick to the facts and avoid speculating about the accident or admitting fault. Be sure to keep records of all communication with your insurance company, including dates, times, and the names of the people you spoke with. This documentation can be valuable if disputes arise later.
If you’re intimidated by the thought of dealing with the insurance company, an experienced personal injury lawyer can help. Our team at Rainwater, Holt & Sexton will guide you through the process, help you understand your rights, and ensure that the insurance company treats you fairly.
Is Insurance Responsible for Medical Bills?
In hit-and-run accidents where the driver remains unidentified or cannot be located, you may wonder who is responsible for paying medical bills. Your health insurance or personal injury protection (PIP) coverage can cover your medical bills. Uninsured Motorist Coverage, if you have it, may also help with medical expenses.
If you have Med Pay coverage, it can help with medical bills, regardless of fault. It is an optional coverage that can provide additional protection when someone hits your car and drives off.
Hit and Run Accident Frequently Asked Questions
First, you can pursue an uninsured motorist claim with your insurance company. This coverage is specifically designed for scenarios where the responsible party is uninsured or unidentified.
Additionally, if you have personal injury protection (PIP) as part of your policy, it can help cover your medical expenses, regardless of fault. Seeking legal counsel, such as an experienced personal injury lawyer, is crucial to navigate these options effectively and ensure you receive the compensation you deserve.
An attorney is pivotal in a hit-and-run case with an unidentified driver. Having a lawyer by your side is instrumental in navigating the complexities of these cases. They can:
- Conduct investigations to identify the fleeing driver through available evidence.
- Negotiate with your insurance company to help you receive fair compensation.
- Pursue legal action against the unidentified driver if they are located in the future.
- Advocate for your rights and interests throughout the legal process, ensuring you are not taken advantage of by the insurance company.
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