Cash News
Whether you come back to your car in the parking lot to find a huge dent in the door or get hit from behind and watch the other driver speed off, a hit-and-run can amplify the stress and trauma of a car wreck. Unfortunately, hit-and-runs are not uncommon. The AAA Foundation for Traffic Safety estimates there are about 682,000 hit-and-run crashes every year.
Here’s how to report a hit-and-run, how most insurance companies handle a hit-and-run claim, and what you can expect insurance to cover if you’re involved in an accident where either you or the other party leaves the scene.
What is a hit-and-run crash?
A hit-and-run is a colloquial term, and every state has its own laws surrounding who is responsible for stopping during an accident. Nolo, the nonprofit legal aid website, defines a hit-and-run as a failure to do the following:
In most states, fleeing the scene of an accident you were involved in without providing your contact information can qualify as a hit-and-run, regardless of fault or severity of the incident. Criminal penalties can be involved if the hit-and-run collision results in injuries, property damage, and especially fatalities.
What are the penalties for hit-and-runs?
Collisions where drivers flee the scene run the gamut — minor incidents such as clipping a side mirror or leaving a dent in a car fender, as well as severe crashes involving multiple vehicles and fatalities. The National Highway Traffic Safety Administration reports that in 2020, there were 2,564 fatalities in crashes involving hit-and-run drivers.
Some common reasons why a driver might panic and leave the scene of a crash include driving with a suspended driver’s license, driving without insurance, driving under the influence, or previous criminal convictions.
No matter the reason, the penalties can be significant for fleeing the scene after hitting a person or another vehicle or causing property damage. A misdemeanor hit-and-run typically carries a sentence of six months jail time and a $1,000 fine. A felony charge for hit-and-run can incur a year of jail time, thousands in fees and damages, and the potential of permanent driver’s license suspension.
Read more: What happens if you don’t have car insurance?
A step-by-step guide: What to do in a hit-and-run
Here’s what you should do in the immediate aftermath of an incident involving a hit-and-run driver.
Step 1: Stop your car and assess the situation
Your primary concern, especially if you’re still behind the wheel, is to pull over and ensure the safety of yourself, your vehicle and your passengers. Call emergency services immediately to report injuries and request help.
Step 2: Don’t follow the driver who flees the scene
It might be your first instinct to follow a hit-and-run driver who takes off after a collision, but you could also be liable for leaving the scene of the accident. Sit tight, jot down any info you can remember like the license plate number, and wait for the police.
Step 3: Call the police to make a report
You should contact law enforcement immediately after a hit-and-run, but especially one involving bodily injury or significant property damage. You’ll need to have an official accident report for your insurance claim.
Step 4: Ask potential witnesses for more information
If there are eyewitness accounts, they could be critical in identifying your hit-and-run driver. If witnesses can’t stick around to provide information for the police report, ask them to exchange information so you can follow up later.
Step 5: Don’t leave the scene until the police tell you to
Never leave the scene of an accident, especially one where the police have been called, until you’ve spoken to an officer and they’ve cleared you to head home. They may need additional information, photos, dashcam footage, or input from your passengers.
Step 6: Call your auto insurance company ASAP to file a claim
Some insurers require you to report an accident within 24 hours, so it’s best to start the claims process immediately. Your insurance company may also be able to help get your car towed or get you a rental car, depending on your auto policy coverage.
How is fault determined for a hit-and-run claim?
In an accident, the at-fault driver’s insurance usually covers the cost of medical expenses, property damage, and vehicle repairs for everyone involved. However, in a hit-and-run, where the missing driver’s information is unknown, fault can be difficult to determine.
Whether the hit-and-run driver provided incorrect information, fled the scene, or even left a note, your insurance company (and the police) may need time to sort out who was at fault and how the applicable insurance policies can be applied.
For instance, California drivers are subject to what is called comparative or common law negligence, which means that even if the other driver left the scene, each driver’s degree of responsibility for fault in the accident will be equally considered.
In some states, no-fault insurance laws sidestep this complication by requiring motorists to carry personal injury protection and file an accident claim with their own insurance provider. However, hit-and-run drivers can still be held liable for costs associated with more severe crashes involving extensive property damage or bodily injury.
Does car insurance coverage apply to a hit-and-run?
If you’re the victim of a hit-and-run, your insurance can still protect you. There are a few different types of coverage that might kick in depending on the circumstances and your policy limits.
Collision coverage
Even if the other driver is never found, you may still be eligible to make a claim if you have collision coverage, which specifically foots the bill for costs associated with vehicle repairs from a crash.
Uninsured motorist coverage
Some states require uninsured or underinsured motorist coverage so if the at-fault driver doesn’t have insurance or can’t be identified, uninsured motorist insurance will pay for your property damage and bodily injuries as a result of the crash.
Medical payments (Medpay) coverage
Medical payments coverage assists with medical bills as a result of an auto accident regardless of fault. This type of coverage is especially beneficial to those without health insurance or who might have high deductibles or insufficient health coverage.
Personal injury protection (PIP) coverage
Personal injury protection (PIP) coverage is required in some states and goes a step further than covering medical costs, including costs for funeral expenses, childcare, or lost wages. PIP coverage is only available in some states but can be claimed regardless of accident fault.
In addition to insurance coverage, you may be able to recover some of the medical costs of a hit-and-run from your state’s crime victim compensation program. Consult the National Association of Crime Victim’s Compensation Boards to find out more information.
Do you have to pay your deductible for a hit-and-run insurance claim?
Double-check with your insurance agent or insurance company regarding your deductible. With most top carriers, making a claim for collision coverage, personal injury protection, and other types of coverage usually triggers your car insurance deductible regardless of fault.
If the vehicle damage from a hit-and-run is minor, you may decide that it can be repaired for less out-of-pocket than it would cost to meet your deductible.
Will a hit-and-run impact your auto insurance rates?
Being the victim of a hit-and-run might affect your car insurance rates. While some insurers won’t penalize you for a no-fault accident, others might increase your premiums if the claim is one of several in the last three to five years.
If you get caught fleeing the scene of an accident and are charged with a crime, your car insurance rates will probably rise significantly. This is especially true if you’re required by court order to file an SR-22 statement of financial responsibility.
3 tips for filing a claim after a hit-and-run car crash
If you’ve been the victim of a hit-and-run, here are three things to consider.
1. Consider whether filing a claim is worth it
Whether your vehicle repair costs will exceed your deductible isn’t the only consideration in filing a claim. Keep in mind that if this incident is one of several vehicle accidents on your record, your rates might also increase.
2. Document everything
Filing a hit-and-run claim can require more paperwork than your average claim, so be sure you’ve gathered all the information that might be required. Here are the basics your insurance provider will usually ask for:
-
Time, date, and location of the collision
-
A police report detailing the incident
-
A description of the vehicle and/or driver
-
Photos of damage
-
Pictures or video footage of the incident or the hit-and-run vehicle
-
Name and contact information of any eyewitnesses
3. Notify your insurance company as soon as possible
Because hit-and-run claims can take time to sort out, you’ll want to start the process as soon as possible. In most states, car insurance companies have about 30 days to investigate and resolve claims.
Filing an insurance claim early can also alert you to a driver who purposefully provides incorrect information and enable you to circle back to the police to make a report.