Oftentimes, I am contacted by individuals who have been injured in hit and run accidents. Amazingly, most victims have the misconception they cannot be compensated for their injuries.
Specifically, most injured victims believe the negligent driver needs to be located before any recovery is allowed. In many cases this is 100% inaccurate. The truth is, it is possible to be compensated for your injuries even if the careless driver fled the scene.
First of all, even if the perpetrator flees the site of the accident and is never located, you will likely be entitled to receive $10,000 in medical treatment/lost wages through your own automobile insurance coverage. This coverage is called Personal Injury Protection (PIP). However, you could also be entitled to even further compensation for pain, suffering, past and future medical expenses!
Whether or not you will be entitled to the aforementioned recovery depends on if you purchased uninsured/underinsured motorist coverage. If you have done so, you will likely be compensated for the harm you sustained. In the event that you were injured in a hit and run accident and you purchased uninsured/underinsured motorist coverage, your policy will treat the fleeing (phantom) vehicle as being uninsured. As a result, you will be entitled compensation via your own policy.
While the hope is that you will never have to experience this situation, it is important to know what you are entitled to should it ever occur.
Rafael Diaz, Esq. is a personal injury attorney at LaBovick Law Group. Mr. Diaz has experience in handling civil and criminal cases in both Federal and State Courts. Mr. Diaz is fluent in both English and Spanish.
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