Being injured by a driver who speeds away from the scene adds another layer of frustration to an already traumatic situation. In a hit-and-run accident, you’re left dealing with injuries, vehicle damage, and mounting medical bills while the person responsible disappears.
Unfortunately, hit-and-run crashes happen far too often in Baton Rouge. Drivers may flee for many reasons, such as no insurance, a suspended license, or outstanding warrants, but their reasons don’t change the reality you’re facing.
You’re left injured, overwhelmed, and wondering how you’ll recover physically and financially.
The good news is that you still have options. Even if the at-fault driver is never identified, Louisiana law provides pathways to pursue compensation and protect your right to recover damages.
What are My Options for Recovering Damages After a Hit-and-Run?
After a hit-and-run accident, you may have several options for recovering damages.
These options include:
Filing an Uninsured Motorist Claim Against Your Own Insurance Company
If you have UM coverage, you can file a claim with your own insurer. Louisiana law requires insurers to offer UM coverage, so many drivers carry it, even if they don't realize it.
This coverage is designed to protect you when:
- The at-fault driver can't be identified
- The at-fault driver has no insurance
- The at-fault driver's insurance isn't enough to cover your damages
Filing a Claim Against The At-Fault Driver (If They're Found)
If law enforcement identifies and locates the driver who fled, you can pursue a personal injury claim directly against them. However, many hit-and-run drivers are never caught, which is why UM coverage is so critical.
Filing a Claim Against Other Parties Who Share Liability (In Limited Circumstances)
In some cases, other parties may share liability.
For example:
- A bar or restaurant that overserved the driver (dram shop liability)
- An employer, if the driver was working at the time of the crash
- A vehicle owner who lent their car to an unlicensed or impaired driver
These scenarios require thorough investigation. An experienced attorney will identify all possible sources of compensation.
What Steps Should I Take After a Hit-and-Run Crash?
Take these steps immediately after an accident to protect your rights:
- Call 911. Report the accident to law enforcement and get medical attention, even if you think your injuries are minor.
- Document everything. Take photos of the scene, your vehicle, and your injuries. Write down what you remember about the other vehicle, such as color, make, model, and partial plate number.
- Get witness information. If anyone saw the crash, get their contact details. Witness statements can be critical.
- Notify your insurance company. Report the hit-and-run to your insurer as soon as possible. Be factual, but don't give a recorded statement without consulting an attorney first.
- Contact a personal injury attorney. Insurance companies will try to minimize what they pay you. An attorney will fight to ensure you get full compensation.
Frequently Asked Questions About Hit-and-Run Claims
Can I still recover compensation if the driver is never found?
Yes. If you have uninsured motorist coverage, you can file a claim with your own insurance company. Your attorney will document your injuries and losses to justify the full value of your claim.
Will my insurance rates go up if I file a UM claim?
Generally, no. Filing an uninsured motorist claim after a hit-and-run should not increase your premiums, since you were not at fault.
How long do I have to file a claim in Louisiana?
Louisiana's statute of limitations for personal injury claims is two years from the date of the accident. Don't wait. Evidence fades, witnesses forget, and insurance companies become harder to deal with over time.
What if my insurance company denies my claim?
You have the right to challenge that denial. Insurance companies often try to avoid paying valid claims. An attorney can negotiate with your insurer or take legal action if necessary.
Do I need a lawyer for a hit-and-run claim?
You're not legally required to hire an attorney, but you should. Insurance companies have lawyers working to minimize what they pay you. You need someone fighting just as hard on your side.
How a Baton Rouge Hit-and-Run Attorney Can Help You Recover Compensation
Hit-and-run accidents are frustrating, frightening, and often leave victims feeling powerless. But you're not powerless. You have rights, you have options, and you deserve full compensation for what you've been through.
MGM Attorneys fights for injured people in Baton Rouge and across Louisiana. We know how insurance companies operate, and we know how to hold them accountable.
Call MGM Attorneys today for your free consultation.
