Project Description

Special Negligence

Hit and Run Accident

“The driver hit me from behind and took off.” 
This is a story that is all too real for some of our clients. Maybe it has happened to you.

You are commuting to- or from work, or you are running errands on your to-do list. A driver hits you from behind. A second or two go by after the accident and thoughts flood into your head: What happened? Where am I? What is that feeling? You are hurt. You start to move body parts: arms, legs, your neck and head. You are injured. Your car is not moving. It is damaged.

Then reality sinks in. The driver that hit you took off. Left the scene of the accident, left your car, left you without calling for help. No apology. You are the victim of a hit and run accident.

Perhaps you are able to find your phone and call for help. But did you get the license plate of the hit and run driver’s car? Can you describe the hit and run driver or the make, model and color of the unknown car? You may need and ambulance and medical assistance.

When the medic and police arrive, you are alone to tell your story. You are asked if there are any witnesses to the accident. You ask yourself if you count as a witness. You wonder if you count as a person.

The hit and run driver has successfully escaped the accident scene. You wonder, where is the justice? You play by the rules and play fairly, but what now? Can you afford to repair your car? If your vehicle is totaled, you need a replacement as soon as possible.

As for your injuries, you seek care from a doctor. Perhaps you go immediately to the ER. Medical bills come quickly, and if you are lucky enough to have health insurance, you question if it will pay for your accident injury.

We are familiar with this scenario, and we know how to help. If this sounds like something that has happened to you, come in and talk.

The at-fault driver does not have auto insurance / Uninsured Motorist

All right, it happened to you. The moment you saw the other car coming you knew that you could not avoid the accident from happening. You tried to brace yourself, holding on to the steering wheel. You are involved in a car accident. Then the impact, it is a hard hit. This is the real thing. The sound of the other car is too near and not stopping. The sound of the other car hitting your car is loud and around you. It feels that the other car is moving your car in an unsafe direction. You try to gain control of your car, but things are falling apart. When will it stop? Finally, the car accident has occurred and pushed over you.

Your car is damaged, you know that. Your commute to or from work did not finish. Perhaps you are driving through your daily routine, busy schedule, or that to do list. No matter, all those things are unfairly on stand-by. Are you alright? Are you hurt? Slowly you check your body: the hands, wrists, arms, feet, legs, head, back and shoulders. You are injured. Not so lucky. Your body feels different. You gather yourself together, and you call for help. You call for medic and police.

Could the other driver have avoided the accident? Did the at-fault driver see you and try to avoid the accident? What was the at-fault driver doing? Was the at-fault driver carelessly texting on the phone? Not looking at the road? You saw it coming. What do you do now while waiting for the medics and the police to find you?

In this accident the at-fault driver sticks around. The medics do come to start treatment and then the police officer or the highway patrol officer starts the accident investigation. Perhaps you need some legal advice right now. Should you move your car, if you can? What should you say? Will the other driver admit that he was at fault? You give your driver’s license to the officer and maybe you answer some questions. The officer then talks and listens to the at-fault driver. What are they saying to each other? The officer gives some information about the at-fault driver and tells you that the accident report will be available later, perhaps days from today.

It seems that things went OK. You are getting medical treatment and you are waiting for the at-fault driver insurance company to call you. You convince yourself that things are going to start to get better and move in the right direction. But you find out that the at-fault vehicle did not have auto insurance at the time of the accident. Sometimes, the at-fault vehicle has car insurance, but the insurance company will not pay for your property claim and property damage because the driver did not have permission to drive the car from the owner. You might ask yourself then, if you are being treated fairly. You know that the law requires vehicles and drivers to have auto insurance. You have car insurance. You play by the rules and you except others to be responsible. How does the law protect you?

Who is going to pay for car repairs or replace your vehicle? You need a rental car to get medical treatment. You have lost wages and you need to get back to work. To whom do you send the medical bills for your treatment? You have some savings, but this is not in your budget. Will the costs of your car insurance go up even though the accident was not my fault? You might have health insurance, but is it fair for your health insurance to pay when someone else is at fault for injuries? Is there a limit of money you can get from the car insurance company?

The contents of the article are provided for informational and educational purposes only and are not intended for legal advice.