Hit-and-run accidents leave motorcycle victims facing physical injuries and the additional challenge of pursuing compensation when the responsible driver fled. Despite these obstacles, recovery options exist through uninsured motorist coverage, investigation resources, and civil litigation. Understanding these options helps victims maximize their recovery.
Immediate Steps After a Hit-and-Run
Call 911 immediately and report the accident. Provide any information you observed about the fleeing vehicle - make, model, color, license plate (even partial), damage, and direction of travel. This information initiates the police investigation.
Seek medical attention promptly. Your health is the priority, and medical records from the accident date establish the connection between the crash and your injuries.
Document the scene if physically able. Photograph your motorcycle damage, the accident location, any debris left by the fleeing vehicle, and skid marks that may indicate the other vehicle's path.
Finding the Hit-and-Run Driver
Police investigate hit-and-run accidents, especially those involving serious injuries. They may canvas for witnesses, check traffic and surveillance cameras, and broadcast vehicle descriptions.
Your attorney can conduct additional investigation. Private investigators canvass the area for witnesses and cameras. Social media posts may reveal information about the accident or the driver.
Body shop checks sometimes identify hit-and-run vehicles seeking repairs for telltale damage. Paint transfer analysis can narrow vehicle makes and models.
Uninsured Motorist Coverage
When the hit-and-run driver isn't found, uninsured motorist (UM) coverage on your own motorcycle policy provides the primary source of compensation. This coverage treats hit-and-run drivers as uninsured motorists.
UM coverage pays for medical expenses, lost wages, and pain and suffering up to policy limits. If you carry substantial UM coverage, significant recovery remains possible even without identifying the at-fault driver.
Some states require physical contact between vehicles for UM claims. If the fleeing driver ran you off the road without touching your motorcycle, coverage disputes may arise.
Filing a UM Claim
Notify your insurance company promptly about the hit-and-run. Policy deadlines for reporting accidents and filing claims vary - delay may jeopardize coverage.
Your insurer investigates to verify the accident occurred as described. They may request proof of the hit-and-run through police reports, witness statements, or physical evidence.
Be cautious in communications with your own insurer. While they're your company, they still seek to minimize payouts. Consider having an attorney handle negotiations.
When the Driver Is Found
If investigation identifies the hit-and-run driver, you can pursue a direct claim against them. Their liability insurance should cover your damages, though hit-and-run drivers sometimes lack insurance.
Criminal prosecution for hit-and-run provides leverage. Drivers facing felony charges may be motivated to settle civil claims. Restitution orders in criminal cases can also provide compensation.
Even if the driver lacks insurance or assets, judgments remain enforceable for years. Future assets, wages, and property may eventually satisfy your judgment.
Underinsured Motorist Coverage
If the hit-and-run driver is found but has minimal insurance, underinsured motorist (UIM) coverage supplements their policy limits. After exhausting the driver's coverage, your UIM policy pays additional amounts up to its limits.
UIM claims require coordination between your claim against the at-fault driver and your own policy. Settlement with the driver may require your UIM carrier's consent to preserve your rights.
Stacking UIM coverage from multiple vehicles or policies may increase available limits in some states. Review all household policies for potential coverage.
Other Potentially Liable Parties
Sometimes parties besides the hit-and-run driver share liability. If a road hazard contributed to your crash, government entities or construction companies may be liable.
Bars or restaurants serving alcohol to visibly intoxicated drivers who then cause hit-and-runs may face dram shop liability. Investigation sometimes reveals these additional defendants.
If the hit-and-run driver was working, their employer may be liable under respondeat superior. Commercial vehicles and delivery drivers often have additional insurance coverage.
Challenges in Hit-and-Run Cases
Without an identified defendant, proving another vehicle's involvement requires substantial evidence. Physical evidence like paint transfer, matching debris, and damage patterns helps establish another vehicle caused the crash.
Insurance companies scrutinize hit-and-run claims for potential fraud. Documentation from the scene, consistent statements, and corroborating evidence help validate legitimate claims.
Damage recovery may be limited by UM policy limits rather than the full extent of damages. Adequate coverage is essential protection against this limitation.
Criminal Versus Civil Proceedings
Criminal prosecution of hit-and-run drivers proceeds separately from civil claims. Conviction provides strong evidence for civil cases but isn't required for civil recovery.
Victim restitution in criminal cases may provide some compensation, though amounts are typically limited. Civil claims pursue full damages beyond restitution.
Your civil attorney can coordinate with prosecutors to ensure evidence gathered criminally benefits your civil case while respecting procedural limitations.
Maximizing Hit-and-Run Recovery
Report the accident to police immediately and follow up on investigation progress. Cooperate fully with law enforcement efforts to identify the driver.
Document all damages thoroughly - medical expenses, lost wages, and impact on your life. Complete documentation supports full recovery within available coverage.
Consult a motorcycle accident attorney who can investigate independently, navigate insurance claims, and pursue all available sources of compensation.