I was in a hit and run accident. I wasn't taken to the hospital for injuries but do have a lot of back pain from it. If the driver is found what can I receive?
From your description, it sounds like you have a viable personal injury negligence claim. If the hit and run driver is found or apprehended, and if he/she is covered by automobile liability insurance, then you can present a negligence claim against the hit and run driver's liability insurance carrier.
On the other hand, if the hit and run driver is never found or identified, then your own automobile insurance policy in all high probability has uninsured motorist coverage to protect you in situations like this, and you can present an uninsured motorist claim to your own auto insurer and obtain the same type of compensation.
You need to immediately notify your own auto insurer if you have not already done so, obtain appropriate medical evaluation and treatment immediately, AND consult a knowledgeable personal injury attorney to help you.
Your financial compensation that you can reasonably expect will depend upon the nature and extent of your injuries and legally compensable losses.
If you have a lot of back pain, go see a doctor right away. Getting help for your injuries is always more important than what you can receive.
Also, you will want to talk to a personal injury attorney for a free consultation to get an idea about making a claim against your uninsured motorist coverage on your insurance or against the other driver's insurance if he can be found.
Nobody will be able to give you an idea about what you might recover until you have a better understanding of your injuries. Hopefully, your injuries get better quickly.
This response is for information only and does not create a lawyer-client relationship. Responses are general in nature, and may not apply to your specific fact situation. Without knowing all of the facts, I cannot be sure that this response is actually the best course of action for you.
I agree with Mr. Bradfield --first, make sure it was reported to the police. Second, if you have collision let your policy take care of car damage. If they find the person, then you have an injury claim; if not, a potential uninsured motorist claim. Either way, contact a member of the Va.Trial Lawyers Assn--they give free consults.
I am not a virgina lawyer; you should consult a Virginia lawyer as soon as possible.
The first thing you should do is seek medical treatment - it is very important that you not delay that any further. If you cannot get in to see your PCP right away, go to the ER or an urgent care clinic.
File a police report asap if you have not done so already, and notify your insurance. Hopefully the driver will be located and you can file a claim against their insurance carrier. If they are not located, or they do not have insurance, you can pursue a recovery through your own insurance policy's uninsured motorist coverage.
Without a consultation it is impossible to determine the value of your case. What I can tell you is that the amount of your medical expenses and the amount of lost wages you have are 2 factors that are considered. I recommend that you consult with an attorney that practices personal injury law in VA as soon as possible.
There is no set amount of recovery for any type of injury claim. There is no book an attorney can consult in order to obtain a reasonable settlement range for a client.
No attorney in this forum will be able to answer this question for you with any reasonable degree of certainty. The assessment of a reasonable settlement range for bodily injury claims entails a full liability investigation, including reviewing all of the parties’ versions of the accident, an investigation into all of the available coverages for the injuries, and a full review of all confirmed lost wages, out-of-pocket expenses, medical bills and medical treatment records.
After all that has been done, an attorney can give you his or her opinion regarding a reasonable settlement range. I would suggest you contact an attorney in your area as soon as possible to scope out all areas of insurance available to you. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most even offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
Please do not message me for further advice. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling these types of cases. I am active on AVVO and answer questions only as a public service at this point.
IMPORTANT: No attorney-client relationship is formed through interaction with this attorney on this public forum. The contents of any comment or response should be considered general conversational discourse on the topic identified and NOT specific legal advice or analysis that might apply to your situation. If you rely upon any part of the content of this response in making any decision or pursuing any course of action, you do so at your own risk and without recourse against this attorney or law firm.
The situation you describe is not uncommon and will most likely be an "uninsured motorist" claim.
It does not matter whether or not the driver is found. What matters is that you have reported the accident to the police and to your insurance company.
Immediately seek medical treatment for your back pain. An insurance adjuster will be skeptical of any injury claim without records to confirm that you have significant back pain which you took seriously enough to have it evaluated by a qualified medical provider.
If your injuries are minor, requiring minimal treatment, and you do not intend to retain an attorney, my firm's website has a list of instructions to follow in order to handle the claim on your own.
This advice is for general guidance only and applies to Virginia. The applicable laws may differ in other states.
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