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If you can
find the hit and run driver who took off after causing a crash, you may be able
to collect money for your damages from the driver or their insurance company.
If the driver cannot be found, coverage may be available through your own
uninsured motorist (UM) or personal injury protection (PIP) policy.
Attempting
to collect for damages after a hit and run accident is particularly frustrating
for victims. You are dealing with pain, injuries, and damage to your vehicle at
a time when you may be unable to work. Pennsylvania laws regarding hit and run
and personal injury are complicated, and insurance companies will try to get
you to accept the lowest amount possible. Fortunately, a Pennsylvania hit and
run lawyer can help handle the legal hurdles involved in getting compensation for
your losses.
Damages for Hit and Run in Pennsylvania
Under 75 Pa. Cons.Stat. § 3744, drivers involved in accidents resulting in injury to or death of
any persons or damage to any vehicles or other property must provide their
names, addresses, and the registration numbers of the vehicles they are
driving. If they fail to do so and leave the accident scene, it is considered a
“hit and run” accident. Leaving the scene is also a criminal offense.
- property damage
- medical
and rehabilitative expenses
- lost current and future wages
Non-economic damages, for costs that do not have a specific dollar value, such as:
- pain and suffering
- loss of consortium and life’s enjoyment
- emotional distress
- humiliation
In some cases, you may also be entitled to punitive damages if the hit and run driver’s conduct is found to be especially egregious, such as driving while intoxicated.
Going Through Your Own Insurance
If you must turn to your own insurance for compensation, the amount you can receive will depend on the coverage you have in your policy.
Drivers in
Pennsylvania have the option of choosing between “full tort” and no-fault
“limited tort” coverage. For limited tort, your own insurance company should
pay for all reasonable and appropriate forms of medical care, up to the limits
of your policy. However, you are prohibited from suing unless the
accident resulted in “serious injury,” such as death or disfigurement.
If you are using your own insurance company under the no-fault system, you can recover only economic damages. In Pennsylvania, regardless of who caused the car accident, your own auto policy covers medical bills under the PIP medical coverage.
If you have Uninsured Motorist coverage you can receive an amount up to the maximum
amount of coverage you purchased. If you exhaust your PIP benefits, then your
health insurance coverage would kick in.
Get Help from an
Attorney After a Hit and Run Accident
After a hit
and run accident, the vehicle accident
lawyers
at Wapner Newman can help by:
- Investigating the accident and collecting evidence
- Tracking down the offending driver
- Negotiating with insurance companies
- Hiring expert
witnesses to testify on your behalf
- Taking your case to court if necessary
To make sure you get the maximum compensation available to you, work with an attorney who knows the Pennsylvania laws and who has experience with hit and run cases.