Episode 73: In this episode, Calloway County personal injury attorney Jeff Roberts discusses important issues involved if you’ve been in a hit and run accident. When these collisions occur, they complicate the situation, but there are ways to ensure at least some, if not all, of your damages are addressed.
Jeff Roberts has over 31 years of experience handling car wrecks, motorcycle accidents and trucking collisions throughout Western Kentucky. He has offices in Murray and Hopkinsville. However, he can represent injury clients all across Kentucky.
Do Not Do This after a Hit and Run Accident!
Jeff strongly advises people not to attempt to follow the vehicle, after a hit and run collision. It can be extremely dangerous.
Steps to Take After Your Hit and Run Accident
Write down or take a picture of the license plate of the fleeing vehicle. If you can’t see the plate, take note of the color of the car along with the make and model of the vehicle.
Try to take note of what section of their vehicle collided with yours. This can be useful information for the police. For instance, you might write down that the front, driver’s side hit your passenger door. Now the police have an important clue to look for as they try to identify the car.
Did you see the driver? Was it a male or female? Young or Old? White, African American or Latino? All of these bits of information can be useful.
Check for injuries to yourself and your passengers. Is everyone okay or does someone have serious injuries?
Take safety precautions. Turn on your flashers to alert other drivers. Turn your headlights on, especially if your vehicle is still in the roadway. Is your car in the zone of danger? If so, and your car can be moved, get it into a safer location (i.e. on the side of the road instead of in the traffic lanes).
Should You Stay in Your Vehicle or out of Your Vehicle?
Jeff explains there are different schools of thought on this topic. It really depends on your specific situation. If there are icy conditions and the cars are going fast, sitting on the guardrail may actually put you in more danger. However, if the vehicle is still in the lane of travel, remaining inside the car could put you in more danger.
Call 911 and request a police officer come to the scene because it was a hit and run accident. Give the dispatcher any information you have about the fleeing vehicle. Request an ambulance, if you or your passengers have been injured.
Don’t Move any Evidence from the Collision
You may be tempted to move a bumper or other debris from the vehicles. Don’t disturb the evidence. Take photos of where the debris is, but let the police handle moving it. Where the debris is and how it’s scattered can proved important insights for the police report and your claim. If there are visible skid marks, take photos of those, as well. If you can take photos of the physical damage to your car. Basically, you’re helping to document the evidence.
If there are any witnesses in the area, try to get their name and phone number. Sometimes this valuable information can inadvertently be omitted from the police report.
There may be Ring cameras or other security cameras that may have recorded either the collision or the other vehicle. Ask the people or business owners if they have surveillance cameras and if they would help to save the video segment. This could be extremely valuable evidence.
Do I Need to Seek Medical Attention after a Hit and Run Accident?
Some attorneys advise that you should seek medical treatment, even if you’re not hurting. Jeff’s perspective if you’re not hurting, you probably don’t need to seek medical attention at that time. It’s not uncommon for the aches and pain to set in a few days later, once the adrenaline has left your system.
If a police officer asks if you’re hurt, the best answer is something like, “I don’t think I am, but I don’t know.”
If you begin feeling pain a few days later, go see your doctor. Let your doctor know you were involved in a car wreck.
No-Fault Insurance (PIP) for Your Medical Bills
If you’re worried about seeking medical attention because you don’t think you’ll be able to afford the medical bills, remember you have no-fault insurance. In Kentucky, you’re automatically covered, usually up to $10,000 for medical expenses and certain other expenses (i.e. some lost wages). This is paid by the insurance policy covering the car that you’re in. There are no co-pays or deductibles. If the medical provider charges a co-pay or deductible at the time of your visit, the insurance will reimburse you. This no-fault coverage also applies to each passenger in the car that was hit.
If you finally do decide to seek medical treatment, even later that night, call the police station and ask them to inform the officer who came to the scene that you are experiencing pain and are going to go to the doctor for treatment. Ask them to update the police record, if you weren’t feeling pain at the time of the accident.
Contact Your Insurance Carrier about Your Wreck
Let your insurance carrier know you were involved in a hit and run collision. They’ll start your no-fault (PIP) claim for you. Most policies require that you notify your insurance company in a timely notice.
At the same time, your insurance company cannot raise your rates because you made a no-fault claim for PIP benefits. Listen to Episode 59 when Jeff discussed various types of auto insurance issues.
If the police do eventually track down the driver who left the scene, and they have insurance, you and your attorney should be able to file a claim against that driver, assuming they were negligent in the causing the collision. Interestingly, this occurs even if you aren’t clear which person was driving the vehicle at the time of the accident. Their policy covers the vehicle, not necessarily the actual driver.
What If They Can’t Track Down the other Driver?
In Kentucky, you have uninsured motorist coverage on your own policy. It’s mandatory coverage. To pay for some of your damages in a hit and run accident, you would file a claim against your own uninsured motorist coverage. That’s what it’s there for. It should not affect your rates. You can view this as a contractual obligation the insurance carrier has based on the coverage you’ve been paying for each month (or year).
In all reality, your auto insurance rates are probably going to go up over time, but that’s not actually related to the fact you filed a PIP claim and/or uninsured motorist claim, unless you were at fault in the car wreck.
If you were a passenger involved in a hit and run accident, Jeff encourages you to listen to Episode 28 that covers the rights of passengers in automobile accidents. In addition to the PIP benefits, as a passenger you would also have access to the uninsured motorist coverage in the car. You may also be able to recover from your own policy, depending upon the language in your specific automobile insurance policy.
It’s Time to Review Your Own Coverage
Jeff explains that when he originally took out his insurance policy, his situation was much different that it is now. This may be true for many people. Are you currently driving with enough insurance coverage to protect you and your family? You may need to increase your coverages.
Accidents Involving Pedestrians or Bicyclists
These types of collisions, unfortunately often involve hit and run accidents. Refer to Episode 58 for an in-depth discussion of these types of situations. It’s possible the driver was unaware he/she hit you or maybe they panicked and fled the scene. Either way, you have rights.
Contact an Attorney Especially if You’re Having Medical Issues from the Collision
These are complicated situations. It’s possible you aren’t aware of some of your rights to coverage after a hit and run accident. Jeff works on a contingency fee, which means there’s no cost for you to speak with him. If you hire Jeff to represent you, his fees are taken out of the award he wins for you, at the end of the case.
Make sure the attorney you contact is specifically experienced in handling your type of case.
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing a victim of an automobile accident is a team effort. It’s why Jeff likes to say his firm offers small town service with big city results.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County and now Christian County, Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
We hope you found this episode insightful and helpful. Thank you for listening!
Is It Time to Speak with an Attorney about Your Hit and Run Accident Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
