Home > Research Legal Advice > Car / Auto Accident > I am the victim of a hit and run, what should I do?
Asked 3 months ago - North Las Vegas, NV
FlagI was headed to work, and in front of my job's parking lot I was making a left turn. Another vehicle failed to stop at the stoplight and crashed into the back passenger side of my car. Upon asking for her license, she continued to drive off and left the scene completely. Her airbag deployed, but I felt like the driver was impaired either from drugs or alcohol (or maybe from the impact of the airbag). When the police arrived I filed a report, waited for them to tow my car (which the police said was totaled), and he said 3 witnesses provided the other vehicle's license plate because I failed to do so. My mom took me to the ER to get X-Rays, and I have some back and neck pain. Can I press charges against the other driver?
Continue to seek medical care as needed. Hire a lawyer who can look up the hit and run drivers insurance information. If they do not have insurance , the attorney can help you make an uninsured motorist claim under your policy. The hit and run aspect may add an aggravated negligence component to the claim, but your first order of business is to hire an experienced lawyer and let them protect your rights and get you the result in your case.
First and foremost, make sure that you do what you need to do to take care of your health. If you haven't sought follow up care, and you are still experiencing pain, I recommend that you make an appointment with a doctor as soon as possible. If you have health insurance, use it. I am frequently surprised by the number of clients I have who, for some reason, think that because they were injured in a car accident, they shouldn't be using their health insurance.
Second, contact an attorney sooner rather than later. The attorney can request insurance information through the DMV and contact the insurance companies on your behalf. If you retain a good attorney, they will also contact your insurance company and find out what insurance coverage you have that may apply, such as uninsured/underinsured motorist coverage (also called UIM coverage) and medical payments coverage (also called med pay). Even if the other driver is never found or is found but was uninsured, you may have coverage under your own policy that will help to compensate you for the injuries that you have sustained.
If you have collision coverage on your insurance policy, you can begin the process to repair your vehicle, as well. You just need to contact your insurance company and open a property damage claim. There will likely be a deductible that you will need to pay, but in the event that the negligent driver is found and there is insurance, you should be reimbursed for that, and your insurance company usually does the heavy lifting for you with regard to that.
Best of luck.
It is very fortunate that you witnesses were present to obtain the other driver's license plate information. This will help a great deal on identifying the owner of the vehicle and likely the driver as well. If you were injured you should immediately seek medical attention. You should also report the accident to your insurance company. Depending upon the type of vehicle insurance you purchased you may have coverage for the damages and/or the personal injuries from which you are suffering.
I would be willing to help you with this matter and due to my experience will be able to help locate the owner of the vehicle, get you a rental vehicle and protect your rights. You can contact me at 702-220-7128 or through my website: www.gazdatadyon.com
No, only a prosecutor can decide whether or not they will press charges on behalf of the State..
This is a potential uninsured motorist claim against your own carrier.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
You need to report this incident to your carrier, however, I suggest you speak with your personal injury attorney before you provide your carrier with any detailed information about the incident. Your carrier may turn out to be your adversary in this situation. Speak with a personal injury attorney as soon as you can. and
While only the District Attorney can prosecute for the hit and run, because you have the license plate from your witnesses, you can find out who she is, find out if she has insurance, and get your car repaired (or paid for it since it was totaled) and also get her insurance company to pay for your injuries, along with money for pain and suffering and any lost wages. If you have health insurance you may use that for now to get the medical treatment you need - and don't wait to do that - your health is too important. If you need help with your claim, a good injury lawyer can help!
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