Can I sue if I was in a hit and run accident?
Did someone hit your car, then run off? Maybe they pretended to pull over, and as soon as you got out of the car they took off.
Even if you got the other car’s license plate, it is still a hit and run accident if they left the scene of an accident. People involved in an accident are required to stop, and exchange information.
If someone hit me and then ran off, can I sue?
Maybe. It depends on whether you can identify the other driver or not. If you got their license plate, then you can sue the owner. If the owner and driver are the same people, than that’s who you sue. If the owner let someone borrow their vehicle, then you can try and find out the identity of that driver and sue them. An experienced San Diego personal and accident attorney will likely be able to find the identity of the driver.
What if I did not get the license plate number?
If you didn’t get the license plate number, you might still be able to sue, or pursue a claim. If you have Uninsured Motorist Coverage, or UIM, you can pursue a claim against your own insurance company. If you have to do this, then your will go after your own insurance for medical expenses, lost wages, pain and suffering.
Your insurance companies is required to offer UIM coverage up until a certain amount. You can deny it, but it still must be offered. So there is a good chance you have some coverage, unless you waived the coverage. So check to see if you have UIM coverage. If not, ask them to show you a signed waiver, which is required.
What if my insurance company doesn’t offer me what I deserve?
This happens all of the time. It’s reason #1 I tell my clients never to talk to any insurance adjuster, even their own, before reading my free information or calling my office.
Your insurance adjuster will pretend they’re on your side. Hey you are insured by them, you’re on the same side, right? Wrong. On any given day you can become an adversary, and they know this, so they fish for information from you before you figure out what they’re up to.
What else is there to know about hit and run accidents?
There is still a lot more to know about hit and run accidents. For example, if you file a UIM claim where the other driver is not known, there must be an actual touching of the vehicles. If someone cuts you off, forcing you off the road and crashing, you might not have the right to file a UIM claim, as most policies require there be an actual touching of vehicles.
As you can see, there are a lot of wrinkles and things to know, when someone hits you and runs off.