When you get behind the wheel of your car – or go for a walk or a bike ride – you probably don’t think that you’ll be in a car accident. You also might not be able to predict that the car that hit you would flee the scene – yet it happens all too frequently.
In West Virginia, drivers are required to stop at the scene of an accident – and may even be charged with a criminal offense for fleeing the scene. Despite these laws, many West Virginians are hurt in hit-and-run accidents. In this situation, you might be able to file a claim against your own insurance policy’s uninsured motorist coverage. Our Charleston hit-and-run accident lawyers can help you get the compensation that you deserve for your property damage, medical expenses, lost wages, pain and suffering, and other losses.
Based in Charleston, Johnstone & Gabhart represents accident victims throughout West Virginia. We offer free consultations and never charge a fee unless we get money for you. To learn more or to schedule an appointment with a member of our legal team, reach out to our law firm today.
Can I File a Personal Injury Claim for a Hit-and-Run Accident?
Being in a motor vehicle accident can be scary. If the driver who struck you leaves the accident scene, it can be even more devastating. You might be justifiably scared about what you will do and how you will pay your bills.
Leaving the scene of an accident is against the law in West Virginia. In fact, a person who leaves the scene of an accident that involves bodily injury or death could be charged with a crime. Despite these laws, many people flee an accident scene – often because they are worried about being charged with another offense, such as drunk driving, driving on a suspended license, or driving without insurance.
There are a few options for filing an accident claim after a hit-and-run. First, it may be possible to track down the at-fault driver with the help of a West Virginia personal injury attorney. They may request accident reports from law enforcement, interview witnesses, and analyze photos and videos of the crash itself and/or the moments before and after the collision.
Finding the negligent driver will allow you to file a personal injury lawsuit against them and their insurance company. Through this type of claim, you can recover financial compensation for your property damage, lost wages, reduced earning capacity, medical bills, future medical treatment, pain and suffering, emotional distress, and other losses. If the at-fault driver acted intentionally or recklessly, you may even be awarded punitive damages.
The second option for accident victims is to file a claim against their own insurance policy. In West Virginia, all drivers are required to carry automobile insurance. This must include coverage for liability and property damage as well as uninsured motorist coverage. Unfortunately, despite this requirement, many drivers fail to maintain car insurance.
Most people view uninsured motorist coverage as something that will cover your losses if you are in an auto accident with a person who does not have car insurance. However, it can also be accessed if you are involved in a crash with a hit-and-run driver. Essentially, because the identity of the other driver is not known, they are an uninsured driver.
You can recover financial compensation for all of your losses through an uninsured motorist claim, up to your policy limits. In this way, you can still get fair compensation for your injuries even when a hit-and-run driver cannot be located. However, even though you are filing a claim against your own insurance company, they may still balk at paying you the money that you deserve – which is why it is so important to work with a Charleston hit-and-run accident lawyer.
In some cases, it may also be possible to file a claim against a third party who was not directly involved in the crash. For example, if the hit-and-run driver’s visibility was impeded by overgrown bushes at an intersection, you might be able to file a claim against the business or government entity responsible for maintaining that shrubbery. Similarly, if a dangerous or defective part played a role in the crash, you could potentially file a claim against the manufacturer.
It can be difficult to know what your rights are until you have talked to a lawyer with experience in hit-and-run accidents. In Charleston, our law offices are well-equipped to handle these types of claims. We will thoroughly analyze the facts of the collision to help you get maximum compensation for your injuries.
How a Charleston Hit and Run Accident Lawyer Can Help
Before you can tap into your insurer’s uninsured-underinsured motorist coverage after a hit-and-run accident, you must first exhaust the possibilities of tracking down the wayward driver. If Johnstone & Gabhart, LLP, represents you after you were injured in a hit-and-run accident, we may start by examining the police report, but we will not likely stop there.
We may employ a private investigator to seek the identity of the driver who collided with you when you were:
- A driver
- A passenger
- A pedestrian
- A bicyclist
- A motorcyclist
To verify that a hit-and-run accident occurred in West Virginia, it is necessary to obtain testimony from an independent witness. If your car was run off the road by another driver and struck a tree, but no one witnessed it, you may encounter difficulty recovering damages. As part of the investigation into the circumstances of your hit-and-run accident in Charleston, if we represent you, we will seek to identify witnesses.
Even if your hit-and-run accident has been confirmed, your insurance adjuster may fail to inform you of all coverage that is available to pay your medical bills and other expenses. What if your insurance company has offered to settle your case and is asking you to sign a release in exchange for payment? Contact a knowledgeable personal injury lawyer before you take this action. You may end up short-changing yourself. You may be unable to pay all your medical bills — and it could be too late to ask your insurer for more help after you have signed a release.
Remember: insurance companies are in business to make money. Even if you have faithfully paid premiums for years, your insurer won’t necessarily just cut you a check for the full amount that you are entitled to under West Virginia law. In many cases, getting legal representation is key to getting the compensation that you deserve for your injuries.
The experienced attorneys of Johnstone & Gabhart, LLP, in Charleston, scrutinize insurance policies in minute detail. We work hard to identify all available compensation for our clients who have been injured by hit-and-run drivers. For each client, our goal is to help them get a fair settlement – whether from the at-fault driver or their own auto insurance company.
Talk With An Attorney From Our Firm ∙ Free Consultations
Going through the legal process can be daunting for anyone. Our goal is to help our clients get maximum compensation for their losses. We will examine every possible angle to make that happen, from filing a lawsuit against a third party to filing a claim with your insurance company.
At Johnstone & Gabhart, we are fierce advocates for injury victims. We handle all types of personal injury matters, from drunk driving accidents to traumatic brain injury cases to distracted driving accidents. Initial consultations at Johnstone & Gabhart, LLP, are free. If our accident attorneys represent you, we will do so on a contingency basis. Request an appointment to talk to a Charleston hit-and-run accident attorney by calling 877-416-5457 or emailing the firm.
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