Following a car accident, state and federal law requires motorists to stay on the scene until law enforcement arrives. Alternatively, motorists can exchange contact, insurance, and vehicle information for minor accidents. Injuries require motorists to wait for medical assistance.
A hit-and-run accident is when the person does not stay at the acne or take any action to exchange information or provide aid. Victims in hit-and-run accidents believe they do not have options, but our Horn Lake personal injury lawyer from Gatti, Keltner, Bienvenu & Montesi, PLC, is here to debunk that myth.
Cause of Horn Lake Car Accidents
The cause of the accident will be necessary to your case because it will determine who is at fault and how the insurance company will process the lawsuit. An auto defect can complicate the issue since there can be a third-party claim, which is unlikely in a hit-and-run accident. The most prevalent car accident cause is distracted driving, like texting.
Other causes are:
- Speeding
- Reckless driving
- Ignoring traffic signs and rules
- Poor vehicle maintenance
- Defective parts in the vehicle
- Intoxicated driving
- Poor road conditions
Who Can Be at Fault in a Car Accident
Insurance claims in the state are handled dependent on fault, meaning you must prove the other party was at fault for the hit-and-run accident and caused you harm. Hit-and-run accidents are challenging because you must prove that a ghost driver was at fault. You must be an investigator at the scene and collect as much evidence as possible so your lawyer can use it later to identify the driver.
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Compensation Available for Your Injuries
The short answer is yes, compensation is available for hit-and-run accidents. You must have collision, comprehensive or uninsured motorist converge to recover damages. Instead of using the driver’s insurance company, you will file a claim against your insurance policy.
Finding the driver can take some time, but it is possible. If there is enough information to identify and locate the driver, you can take additional action through the court with the help of a Horn Lake hit-and-run lawyer. Compensation will cover various losses, and your settlement will depend on multiple factors.
When determining a settlement amount, we will consider the following factors:
- Physical therapy
- Emergency medical care
- Extent and prognosis of your injuries
- Pain and suffering
- Repair costs
- Property replacement costs
- Loss of earning capacity
- Time off work
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What Happens When There Is No Insurance Policy
When there is a hit-and-run accident or the other driver does not have insurance, your best option is to sue your insurance company. Some lawyers find working with a driver’s insurance company easier than a rival one. Uninsured Motorist coverage is a standard option for all policies, and it can come in handy unless you decide to opt out of the coverage.
You made a contract with your insurance company, and therefore they have an obligation to cover your losses in an accident. The other person’s insurance company doesn’t owe you the same and will make it challenging even when there is an apparent fault determination. When there is no driver, the only option is to go through your insurance company with the help of a hit-and-run lawyer in Horn Lake.
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When Can You File a Hit-and-Run Claim
As with all personal injury cases, you have three years to file a lawsuit from the date of the accident. Having three years to file doesn’t mean you should wait that long to take action because there are many essential steps to filing a lawsuit. If you do not file within the statute, you lose all legal rights to compensation.
Insurance companies have their deadlines as well. When you are in a hit-and-run car accident, the insurance company requires you to report the accident, usually within a few days, but the longest is a few weeks. Failing to inform your insurance company within the allotted time can harm your claim and even cause you to become ineligible for compensation.
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Act Quickly After a Car Accident
A hit-and-run accident is stressful, and while we understand the frustration, you must stay calm and act quickly. File a police report from the scene or at the nearest police station. Next, get medical attention from the emergency room, urgent care, or your primary care doctor.
Information You Will Need
There is vital information you will need to gather after an accident which can be challenging if it is a hit-and-run. You will unlikely obtain the person’s full name and contact information or their insurance policy. However, some of the information you might be able to gather is:
- License plate number
- Make, model, and color of the vehicle
- Where the accident took place
Advantages of Working with a Hit-And-Run Attorney in Horn Lake
While you will want to file a claim independently, working with a Horn Lake hit-and-run lawyer is best. The insurance company will reject your hit-and-run accident claim and leave you with nothing. A rejection is not the end because our lawyers provide valuable tools to help you fight the insurance company.
We will investigate the accident by recovering police reports, taking photos, assessing damages, and interviewing witnesses. A Horn Lake hit-and-run attorney will also hire experts to reconstruct the accident and testify to your circumstance. Filing deadlines and paperwork are the primary resources we offer since there must be no mistakes on these forms.
Most importantly, a hit-and-run lawyer in Horn Lake will negotiate with the insurance company for fair compensation. If negotiations do not end favorably, we will file a lawsuit and work towards a settlement.
Gatti, Keltner, Bienvenu & Montesi, PLC, Can Help Your Case
A hit-and-run accident is traumatic because you have no idea where to turn. If the driver stayed on the scene as they were legally required, the process would feel smoother. You still have legal options after a hit-and-run.
Our Horn Lake hit-and-run lawyers have been practicing personal injury law for over 50 years with a combined experience of 150 years. We know the ins and outs of the insurance claims process and will work to secure compensation for your hit-and-run accident. Call our office today to schedule a consultation.