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I'm trying to figure out what steps I should take if I was involved in an hit an run accident that was not my fault?

Savannah, GA |

I don't want the expenses to be on me. And I need to be seen by a chiropractor because I am in pain.

And I know the individual who hit me.

Attorney Answers 14

Posted

I am so sorry to hear about your accident. Whenever you are in a car accident, the first and most important consideration is getting whatever medical attention you need. If you have a doctor or other health provider that you see regularly, you should definitely make an appointment as soon as possible. If you do not have health insurance or the means to pay for medical care, a personal injury attorney may be able to help you see a local doctor or chiropractor. Personally, I have made arrangements for many of my clients to see health care providers – with no out-of-pocket expense to the client – when necessary, with the understanding that the provider will be compensated when we win at trial or settle the case.
You potentially have claims for both any injuries you suffered, and any damage to your car. Any time you are injured or suffer property damage as a result of someone else’s negligence, you may be entitled to compensation for (1) medical bills, (2) lost wages for missed work, (3) pain and suffering, (4) any permanent injury or disfigurement, (5) inconvenience and loss of enjoyment of life, and (6) property damage. If the driver was acting in a particularly heinous way, you may also be entitled to “punitive” damages, which are intended to punish a person for acting in a way that endangers others.
However, you can only recover if you can identify the hit-and-run driver and if the driver has insurance. Have you contacted police about the accident? They may be able to help you track down the driver.
If you cannot find the driver or if the driver does not have insurance, your own insurance may be your only recourse. Do you have uninsured or underinsured motorist coverage? If you do, your own policy may pay the difference between your medical bills and the other driver’s policy limits, if any.
You should consult with a personal injury attorney who has experience handling car accident cases. An initial consultation is free, and an attorney will be able to tell you what steps to take next, with regard to the police, your insurance company, and the other driver’s insurance company (if any). While it can seem bewildering, an experienced attorney will know exactly what to do so that you can get all the help that you need. Good luck.

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Posted

Your experience is a common one. You should contact a local attorney who specializes in personal injury cases to help you with this process. Hopefully, the person who hit you can be identified and has automobile insurance. Otherwise, you will have to look to your own uninsured motorists coverage, if you have it. If you don't have uninsured motorist coverage, you may not have any recourse.

The opinions expressed in this answer are meant for educational and public service purposes. Requesting general information about the law on a public website should never be a substitute for a personal consultation with an attorney who can give specific legal advice tailored to the facts of an individual case. Please be aware that Robert Hogan is licensed only in Texas and New Mexico, and that any opinions given are not meant to apply outside of these states. No attorney-client relationship is intended by answering questions or emails.

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1 comment

Asker

Posted

I do know the individual that hit me, and I gave the officer her full name which is all the information i knew about her.

Posted

You maybe able to collect from your own insurance under your UI (uninsured motorist ) coverage.

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5 comments

Asker

Posted

I would still have to use my insurance even if I knew who the party was? the officer found the party in the system as soon as I gave him her name. their just looking for the individual at this point.

David Edward Boyle

David Edward Boyle

Posted

If you know who hit you then once they are arrested for hit/run you can find out if they have insurance or just sue them directly. UI coverage is when the person who hit you cannot be identified or does not have coverage or sufficient coverage for the damages.

Asker

Posted

yes that what I was wondering. Okay, so in the meantime I need to find me a lawyer right?

David Edward Boyle

David Edward Boyle

Posted

Yes, a lawyer can help negotiate with the insurance company to maximize your settlement.

Asker

Posted

thanks Mr. Boyle. you were so much help!

Posted

Report it to your insurance company. You have medical payments coverage as well as uninsured motorists so you should be ok. If the injury ends up being serious contact a personal injury lawyer.

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Posted

Navigating the insurance claims process can be difficult and complicated. To fully protect yourself, you should retain a lawyer to represent you. An experienced injury attorney can guide you through the process and even obtain access to the best medical care for your injuries. Having an advocate speak for you will make the process less stressful for you and likely ensure that you end up with compensation for what you've gone through as opposed to having to pay. Most lawyers will consult with you about your case for free. Call today!

*Attorney Thomas Andrew Miller (678-907-3600) provided this Reply which is intended to be helpful to the Asker and the Avvo Community, but it does not constitute legal advice and does not create any attorney-client relationship. You are urged to seek the advice of an attorney or, in some cases, a tax professional, before taking any action. **Was this Answer helpful? Please click to give the Answer a Helpful Vote or make it the Best Answer!

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Posted

You should speak with an experienced personal injury attorney as soon as possible to discuss your options. You will need a copy of the police report, and be sure to take photos of the damage to your vehicle. In Georgia, if your vehicle was actually struck by the unknown driver, your claim may be easier to pursue. However, if there was no contact and the other driver simply ran you off the road before leaving the scene, you will need an independent witness to verify the incident in order to pursue a claim via your own uninsured motorist (UM) coverage. Hopefully you chose to purchase this coverage with your auto insurer. If you did not, there is likely nothing you can do to make a claim.

You should also be sure to find out whether you have medical payments (medpay) coverage under your auto policy. This can help pay for medical bills you incur as a result of the incident up to the limits of the coverage - usually $1,000 or $5,000.

You're also welcome to use your own health insurance, if you have it. Either way, if you are injured you should see a doctor.

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Posted

Your first step is to talk to a lawyer. Hopefully you did not make the mistake of not buying uninsured motorists coverage, and you'll be needing it.

ATTORNEY GLEN ASHMAN 404-768-3509 www.glenashman.com . If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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Posted

You should pursue a claim against the person if they can be found, if not in Georgia we have uninsured motorist coverage that your own insurance company provides to protect you in a cases like this where there the other driver has no insurance or cannot be identified.

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Posted

Check you insurance coverage to see if you have uninsured motorist coverage and put your insurance carrier on notice. See a personal injury attorney as soon as possible.

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Posted

If you know who ran into you you should pursue a claim against that person. If that person cannot be identified and you have "uninsured motorist" coverage, then you can make a claim against your own auto carrier. In either case you need a lawyer to help you.

If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

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Posted

You need to speak with an attorney about your hit and run car accident. You have rights that you may not be aware of. Find an attorney who will get you centered, encourage you to take a deep breath and when then step by step advocate zealously for your rights in a concerted effort to recover ALL of your damages. Your attorney should also be empathetic to your pain and your predicament.
Best wishes.

Sam Levine, Esq.
Atlanta Georgia Car & Truck Accident Injury Attorney
(404) 303-8875

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Posted

A local Savannah personal injury lawyer would look to recover from your UM coverage. Avvo has a terrific "find a lawyer" tool to find a top-rated Avvo lawyer with a low contingency fee within a couple miles of your home. Good luck.

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Posted

It all depends on whether you have uninsured motorist coverage and whether there is any chance that the hit and run driver can be identified. Your hound consult am attorney right away. Good luck.

Peter J.Ross
Ross & Pines, LLC
404 812 4300

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Posted

You are in a good position to get the care and compensation you need, given the details you have provided. My first suggestion would be to see your regular physician- although chiropractors are fantastic for treating spinal injuries in most cases, it is imperative to get a MEDICAL diagnosis for your injuries, even if that means a trip to the hospital. Second, selecting proper legal representation immediately will ensure that the process is smooth, and you are not left with unpaid bills and no compensation for your pain and suffering. There could be a chance that the at-fault driver is on the run, seeing as they certainly didn't stop to ensure you were okay; therefore, it is important to get on this right away. An attorney would assist in setting up your claim with the person's insurance (given that it seems you know how to find this person), and exploring any other possible means of compensation for you (MedPay, etc). If the person that hit you does not have insurance, an attorney would seek other avenues of compensation for your injuries. Do you have Uninsured Motorist Coverage? Contact a personal injury attorney that specializes in auto accidents. My office offers free consultations. Best of luck!

If this information has been helpful, please mark it as "Best Answer" or "Helpful". Joe Lariscy is only licensed to practice law in the state of Georgia. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable.

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