I am a victim of hit and run. Can I sue the driver who fled the scene?

Asked 6 months ago - Philadelphia, PA

My car was in a complete stop (red light), and few seconds later I felt a strong crash. I got out of my vehicle and noticed that I was rear ended. I called the police immediately and they told me to exchange informations and call their auto accident investigation unit. I took couple pictures and asked the driver to pull over to the side, because we were blocking traffic (including a trolley, mass transit) and the female driver agreed. I pulled over first since I was in the front, and the other driver fled the scene. I did file a police report using the license plate # I had, and I also told them I was not injured. I got back home, and tried laying down on my bed and felt pain in my lower back. Can I sue the other driver for injuries and damages to my car? Your help is much appreciated.

Attorney answers (9)

  1. Harold Semanoff

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    Answered . Yes, you are entitled to sue the other driver for the damage to vehicle, your pain and suffering, and any our of pocket economic losses. You're right to sue the other driver will be controlled, in part, by whether or not you maintain "full tort" or "Limited tort" insurance. You may also have selected Uninsured Motorist coverage which will protect you and even the other driver has no insurance. You should really consult with a personal injury attorney. Best of luck with your claim.

  2. Jonathan Micah Stewart

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    Answered . Yes you absolutely can. Call your personal adjuster and report th accident. Acquire the police report and submit that to you insurance company. The police should be able to track down the driver with the license plate information. If they are unable to locate the driver check to see if you carry uninsured motorist coverage on your own policy ( that enables you to proceed against your own policy for compensation when there is no other insurance to proceed against.). Call a car accident attorney ASAP. Good luck.

  3. Jerome A. Konkel

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    Answered . Yes, if the other driver is identified you can make a claim against them ortheir insurance. It's not uncommon to experience injuries hours or days after an accident. The other driver can't be located can claim against your uninsured coverage

  4. Nathan William Carter

    Contributor Level 7

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    Answered . Yes. Contact a local attorney right away. Make sure he or she specializes in personal injury.

  5. Christian K. Lassen II

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    Contributor Level 20

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    Answered . You should update the police with your injuries so they appropriate charge the driver. Next, get a local personal injury lawyer to investigate the coverage.

  6. Jeffrey P. Lowenthal

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    Contributor Level 12

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    Answered . You should report the incident to your insurance company., if you haven't done so. You did the right thing in reporting it to the police. If you haven't been to the doctor yet, you should go to one immediately. You need to care for whatever injuries you might have sustained.

    You should also contact a car accident lawyer in the Philadelphia area. When you call the lawyer, make sure you have your policy around so you can let him know the details of your insurance.

    I hope your injuries aren't serious.

    I am licensed in Pennsylvania. This post is not legal advice, but instead contains general educational information.... more
  7. Patrick William Murray

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    Contributor Level 11

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    Answered . Yes, you can make a claim for your injuries. The investigation at this early stage is important and it is always important to follow your doctor's care instructions to make sure you get the care you need to recover.

  8. William Louis Myers Jr.

    Contributor Level 3

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    Lawyer agrees

    Answered . Yes. You are entitled to bring a claim. Please consult with an attorney who is experienced in this area of the law. As to what you can expect, please look at my AVVO site and look up the article I authored about the steps that are followed in al legal claim. - Bill Myers

  9. Jeffrey Mark Adams

    Contributor Level 20

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    Answered . I agree with all of the other fine contributors.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more

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