Ask a Car Accident Attorney: What Happens in the Case of a Hit-and-Run?
If you’ve been involved in a hit-and-run accident, then you may be fearful that you won’t be compensated for what you’ve been through. However, a car accident attorney in Houston may be able to help you identify the other driver and win a settlement. If you can’t identify the other driver, then your insurance policy may be able to help you pay for your medical expenses and property damage
Ask a Car Accident Attorney in Houston: What Happens in the Case of a Hit-and-Run?
1. Your Attorney and the Police Will Try To Identify the Other Driver
Provide the police and your attorney with as much information as you can about the other driver. If you memorize the license plate, that will be a big help. If you have a dash camera that catches the license plate, that’s even better.
If you can share the time and location of the accident, then the police may be able to use local traffic and security cameras to gain footage of the other driver’s vehicle. Your attorney can contact the police to access the other driver’s information so you can start building your case.
2. Your Attorney Will Build a Case
If your attorney can identify the driver, then they’ll begin building a case to show the driver was responsible for the accident. Most drivers who aren’t responsible for an accident won’t drive away from a scene, so you already have the fact that this is a hit-and-run helping you out. You’ll likely be fully compensated for your damages.
For more information, click here to read about car accident law in Houston and how an attorney can help you.
3. Your Attorney Will Help You Seek a Settlement
Your attorney will help you calculate your economic and non-economic damages so you can claim compensation. The other driver’s insurance company will pay this out. It may take some negotiation to get the other driver’s insurance company to offer you a sum that will cover the damages your attorney has helped you calculate.
What If I Can’t Identify the Other Driver?
In some cases, it’s impossible to identify the other driver despite everyone’s best efforts. This means the other driver will go unpunished, but you won’t be left without compensation if your insurance policy has personal injury protection coverage, uninsured motorist coverage, and/or uninsured motorist coverage. If you have this coverage, then you can be reimbursed for your medical expenses and property damage.
What If I Can Identify the Other Driver, But They’re Uninsured?
If the driver can be identified but has inadequate insurance or none at all, then the coverage mentioned above will cover your medical expenses and property damage, too. However, your insurance won’t cover non-economic damages such as emotional distress, physical discomfort, and loss of enjoyment of life.
Will the Other Driver Be Punished for Committing a Hit-and-Run?
If identified, the other driver may face a fine and/or incarceration. The severity of their punishment depends on the seriousness of the injuries and property damage in the accident.
If Somebody Was Injured
If somebody was injured in the accident, then the liable driver will be charged with a felony. If the injury or injuries sustained were non-serious, then the other driver may face up to 5 years in jail and a fine of up to $5,000.
In the case of a serious injury or death, the other driver will face a $5,000 fine and jail time of up to 20 years.
If There’s Just Property Damage
If there’s just property damage, then the other driver will be charged with a misdemeanor. If the damage to your vehicle and its contents comes to less than $200, then it’s a Class C misdemeanor. The other driver will face a fine of up to $500.
If the damage to your vehicle and its contents totals more than $200, then it’s a Class B misdemeanor. The other driver will face a fine of up to $2,000 and, potentially, up to 6 months in jail.
What If the Other Driver Hit My Empty Parked Car?
If you weren’t in your vehicle at the time of the accident, then there’s usually no need to open a lawsuit. However, you should contact an attorney just in case. If you and the police can identify the driver, then the driver will be charged with either a Class B or C misdemeanor depending on the damage done, as detailed above. Your insurance policy, or the other driver’s insurance policy, should reimburse you for the damage done to your vehicle and its contents.
Identifying the driver is the most important thing to do after a hit-and-run accident. Your attorney and the police can help you with this. From there, your attorney can help you seek compensation if necessary, and the other driver will be charged accordingly.
Thank you,
Glenda, Charlie and David Cates
