A hit-and-run accident is one of a driver’s most frustrating and stressful experiences. Whether you’re dealing with injuries, vehicle damage, or emotional distress, the uncertainty of what to do next can be overwhelming. Insurance coverage is crucial in North Carolina to help victims recover from these incidents. However, navigating the claims process and understanding your legal rights can be challenging, especially when the at-fault person is unknown. From filing a reimbursement request to negotiating with the insurance adjuster, many things must be considered. Your premium may be affected, and determining who is responsible is a critical part of the process. The result of your claim will depend on your insurance policy and the evidence available.
At Constantinou & Burkert Accident Injury Lawyers, we understand the confusion and difficulties victims experience after a hit and run. Our experienced attorneys have helped numerous people in North Carolina obtain fair compensation for their injuries, medical bills, and property damage. If you or someone you know has been in a hit-and-run accident, this guide will help you understand your insurance claim options, the legal steps to take, and how an experienced car accident lawyer can assist you. We’ll provide examples of similar cases, explain the laws that apply in your state, and discuss how an uninsured motorist claim can help you recover damages. If you have questions, don’t hesitate to call our phone number or send us a message—we’re here to help you get the best possible results.
What Is a Hit and Run Accident?
A hit-and-run accident occurs when a driver leaves the crash scene without providing their name, contact information, or insurance details. These accidents can involve vehicles, pedestrians, cyclists, or parked cars. In many cases, victims are left with extensive damages and injuries, struggling to cover medical expenses and repair costs. For example, a hit-and-run accident can result in severe injuries or even death, leaving families devastated and uncertain about their legal options. Victims may need to file a claim with their insurer to access medical coverage and compensation benefits. If you’re in South Carolina or North Carolina, seeking legal help from experienced law offices can improve your chances of recovering damages. If you have questions about your case, please message us.
Under North Carolina law, it is illegal for any driver involved in an accident to leave the scene without reporting the incident to law enforcement. However, many hit-and-run drivers flee to avoid facing legal penalties, liability claims, or increased insurance premiums. This leaves victims in a difficult position, trying to recover compensation from their insurance company. In such cases, uninsured motorist insurance is crucial, helping victims cover damages when the at-fault driver cannot be identified. Insurance policies have coverage limits, and understanding your coverage limits is essential to ensure you receive fair compensation. While insurance companies have their interests, it’s important to protect yours by knowing your rights. If unsure how your policy applies, check your insurer’s documents or logo to confirm your coverage details.
Does Insurance Cover Hit and Run Accidents in North Carolina?
The good news is that North Carolina requires all drivers to carry uninsured motorist coverage (UM). This insurance coverage protects victims when an at-fault driver is unknown or does not have insurance. Since a hit-and-run driver is legally considered uninsured, your UM insurance claim can help cover medical bills, lost wages, and vehicle repair costs. Meeting this requirement ensures that victims have financial support after an accident, reducing the risk of serious financial hardship. In cases involving severe injuries or fatalities, UM coverage can also provide compensation for families dealing with the tragic aftermath. If you’re unfamiliar with how UM claims work, reading a blog on this topic can help clarify the steps involved. Many insurance companies require detailed documentation for validation, so gathering strong evidence in this field is crucial. Filing a claim properly can help you recover the money needed for medical care, lost income, and damages.
However, insurance companies do not always make it easy for victims to obtain the compensation they deserve. The claims process can be complex, and some insurers may attempt to deny or minimize payments. Working with an experienced personal injury lawyer is crucial to securing fair settlement terms. A skilled attorney can guide you through each step of the legal process, ensuring your recovery is prioritized. If negotiations fail, taking your case to court may be necessary to fight for fair compensation. Legal representation benefits everyone by protecting victims’ rights and helping establish the identity of the hit-and-run driver, if possible. Your lawyer will also build a strong record of your damages, ensuring you receive the full amount you are entitled to. Their ability to negotiate with insurance companies prevents victims from settling for less than they deserve. If you’re unsure how to proceed, consulting an attorney—even through recommendations from friends—can make a significant difference in your case.
Steps to Take After a Hit-and-Run Accident
If you are involved in a hit-and-run in North Carolina, taking the proper steps immediately can improve your chances of receiving fair compensation from your insurance company. Gathering evidence, such as witness statements and the driver’s license number, if available, can strengthen your case. Proving the negligence of the hit-and-run driver is crucial for a successful claim, especially when dealing with insurance policies and legal requirements. Seeking medical treatment right away not only protects your health but also provides documentation that supports your claim. You can also use advice from legal professionals or friends who have experience handling similar cases to navigate the process effectively.
1. Stay at the Scene and Call the Police
Never attempt to chase the hit-and-run driver. Instead, call law enforcement right away and report the accident. A police report will be critical evidence in your insurance claim and potential lawsuit.
2. Gather Information
Try collecting details about the other vehicle, including the license number, model, color, and identifying features. Look for witnesses who can provide additional Information about the incident.
3. Take Photos and Document the Scene
Photograph any property damage, injuries, and the location of the accident. Keep records of everything, including the police incident report, as this will strengthen your case against the insurance companies.
4. Seek Medical Attention
Even if you don’t feel immediate pain, seeing a doctor is essential. Some injuries take time to manifest, and having medical documentation will support your insurance claim.
5. Notify Your Insurance Company
Contact your insurance agent as soon as possible to start the claims process. Be sure to provide all necessary evidence, including the police report, medical records, and repair estimates.
6. Consult a Car Accident Lawyer
A skilled attorney can help you navigate the insurance claim process, negotiate with insurers, and take legal action if necessary. An experienced Car Accident Lawyer can ensure you receive the compensation you deserve.
What Insurance Covers in a Hit-and-Run Case?
Understanding hit-and-run insurance coverage in North Carolina can be complex. Constantinou & Burkert Accident Injury Lawyers in Durham can help you explore your legal options.
In North Carolina, several types of insurance coverage may help you recover damages from a hit and run.
1. Uninsured Motorist Coverage (UM)
Since a hit-and-run driver is considered uninsured, your UM coverage will cover medical expenses, lost wages, and pain and suffering.
2. Collision Coverage
This optional insurance pays for your vehicle repairs, regardless of fault, but requires you to pay a deductible.
3. Medical Payments (MedPay)
MedPay helps cover medical bills for you and others injured in the accident, regardless of fault.
4. Personal Injury Protection (PIP)
While not required in North Carolina, PIP covers medical expenses and lost wages, providing additional financial protection.
How a Personal Injury Lawyer Can Help
Dealing with insurance companies after a hit-and-run accident can be overwhelming. Some insurers may attempt to reduce your claim or deny liability altogether, leaving you in a difficult situation. Having an experienced car accident attorney by your side can make a significant difference in the outcome of your case. They can help you gather evidence, negotiate with the insurance company, and ensure you receive the compensation you deserve. No matter where the accident occurs, legal guidance can improve your chances of a fair settlement.
A lawyer can:
- Gather evidence to support your claim
- Communicate with the insurance company on your behalf
- Ensure you receive full compensation for your injuries and damages
- File a lawsuit if necessary to recover your losses
At Constantinou & Burkert Accident Injury Lawyers, we fight aggressively for victims of hit-and-run accidents. Our team understands the legal complexities surrounding uninsured motorist claims and will ensure you receive the maximum compensation allowed under North Carolina law.
What Compensation Can You Recover?
If you are the victim of a hit and run, you may be entitled to financial compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Vehicle repair costs
- Property damage
- Legal expenses
The amount you receive depends on your insurance policy, the extent of your injuries, and other circumstances. Consulting with a personal injury lawyer is the best way to determine your legal options.
Contact a Car Accident Attorney Today
If you or someone you know has been involved in a hit-and-run accident in North Carolina, do not hesitate to seek legal assistance. The Constantinou & Burkert Accident Injury Lawyers team has extensive experience handling hit-and-run cases and can help you navigate the complex insurance claim process.
Contact us today for a free consultation. We will review your case, answer your questions, and help you understand your legal rights. You do not have to face this alone—let our dedicated attorneys fight for the compensation you deserve.
Frequently Asked Questions
Can I be held liable for a hit-and-run accident if I wasn’t aware of the collision?
You may not be held criminally liable if you were unaware that an accident occurred. However, if there is evidence that your vehicle was involved, you may still face an investigation. Consulting with an attorney can help you understand your legal position.
What should I do if I witness a hit-and-run accident in North Carolina?
If you witness a hit-and-run accident, note details such as the vehicle’s make, model, color, and license plate number. Call the police immediately and provide any information that could help identify the hit-and-run driver. Your testimony may be valuable in helping the victim with their claim.
How long must I file an insurance claim for a hit-and-run accident?
In North Carolina, you typically have up to three years to file a personal injury claim and up to two years for property damage claims. However, insurance companies have deadlines, so it’s best to report the accident and file your claim as soon as possible.
Will my insurance premium increase if I file a claim for a hit-and-run accident?
It depends on your insurer and policy. Since a hit-and-run driver is considered uninsured, filing a claim under uninsured motorist coverage (UM) may not increase your premium. However, collision coverage or other policy benefits could lead to higher rates.
Can I sue a hit-and-run driver if they are later identified?
Yes. If the driver is found, you can sue for medical expenses, lost wages, and pain and suffering. If the driver is uninsured or underinsured, you may need to rely on your insurance policy for compensation.
What if a hit-and-run accident happens on private property?
A hit-and-run on private property should still be reported to the police and your insurance company. Some policies may have different coverage rules for private property accidents, so reviewing your insurance terms is essential.
Are there criminal penalties for hit-and-run drivers in North Carolina?
Yes. North Carolina law imposes severe penalties for hit-and-run offenses. Leaving the scene of an accident involving injuries or fatalities can result in felony charges, fines, license suspension, and possible jail time.
Can I recover damages if I was partially at fault for the accident?
North Carolina follows a strict contributory negligence rule, meaning that you may not be eligible to recover damages if you are even 1% at fault for the accident. Consulting a lawyer can help you determine your legal options.
How does uninsured motorist coverage work if I’m a pedestrian in a hit-and-run accident?
If you are a pedestrian hit by a fleeing driver, your uninsured motorist coverage (UM) can still apply. Depending on your policy limits, it may cover medical bills, lost wages, and other expenses.
What types of evidence can help strengthen my hit-and-run insurance claim?
Key evidence includes police reports, witness statements, surveillance footage, dashcam videos, accident scene photos, medical records, and repair estimates. Keeping a record of all damages and injuries will help support your claim.
