Hit-and-run accidents are among the most frustrating and traumatic incidents a driver can experience. The suddenness of the collision, coupled with the other driver fleeing the scene, often leaves victims with severe injuries, property damage, and no clear path to recovery. According to the National Highway Traffic Safety Administration (NHTSA), over 700,000 hit-and-run accidents occur annually in the United States, and nearly 65% of fatal hit-and-run crashes involve pedestrians or cyclists.
For Illinois drivers, understanding the role of uninsured motorist (UM) coverage is essential in these situations. UM coverage serves as a critical safety net for victims of hit-and-run accidents, ensuring they have access to compensation even when the at-fault driver cannot be identified. In this blog, we’ll explore what constitutes a hit-and-run accident, how uninsured motorist coverage works, and why having robust UM coverage is crucial for protecting yourself and your family.
What is a Hit-and-Run Accident?
A hit-and-run accident occurs when a driver involved in a collision flees the scene without providing their identifying information or assisting injured parties. This is illegal in every state, including Illinois, where drivers are required by law to:
- Stop immediately after an accident.
- Exchange contact and insurance information.
- Render aid to injured parties if possible.
Failing to meet these obligations is a criminal offense, with penalties ranging from fines and license suspension to imprisonment, depending on the severity of the crash.
Common Scenarios for Hit-and-Run Accidents
Hit-and-run accidents can happen in a variety of situations, including:
- Collisions with Parked Vehicles: A driver hits a parked car and leaves without leaving a note or reporting the accident.
- Pedestrian or Cyclist Incidents: A driver strikes a pedestrian or cyclist and flees the scene.
- Intersection Crashes: A vehicle runs a red light or stop sign, causing a collision, and drives away.
- Highway Accidents: A driver causes a crash at high speed and continues driving without stopping.
Challenges Faced by Hit-and-Run Victims
Victims of hit-and-run accidents face unique challenges compared to traditional car accident cases:
- No Identifiable Driver: Without information about the at-fault driver, victims cannot pursue compensation through their insurance or the driver’s personal assets.
- Medical Expenses and Property Damage: Victims are left to handle mounting bills and repair costs without the ability to hold the other driver accountable.
- Delayed Justice: Even if the at-fault driver is later identified, proving liability and recovering damages can be time-consuming and uncertain.
How Uninsured Motorist Coverage Can Help
Uninsured motorist (UM) coverage is an essential feature of most auto insurance policies. In Illinois, UM coverage is required by law and provides compensation when the at-fault driver cannot be identified or does not have insurance.
What Does UM Coverage Include?
UM coverage typically covers:
- Medical Bills: Payment for hospital stays, surgeries, and ongoing treatment.
- Lost Wages: Compensation for income lost due to injury recovery.
- Pain and Suffering: Damages for the emotional and physical toll of the accident.
- Property Damage: Coverage for vehicle repair or replacement (if included in the policy).
When is UM Coverage Applicable in Hit-and-Run Cases?
In Illinois, hit-and-run accidents are treated as uninsured motorist incidents because the at-fault driver’s identity is unknown. UM coverage allows victims to file a claim with their own insurance company to recover damages.
Steps to Take After a Hit-and-Run Accident
If you’ve been involved in a hit-and-run accident, taking the following steps can help protect your rights and strengthen your UM coverage claim:
- Ensure Safety: Move to a safe location and check for injuries. Call 911 to report the accident and seek medical attention if needed.
- Document the Scene: Take photos of the damage, the accident location, and any debris or skid marks.
- Collect Witness Information: Speak to anyone who witnessed the accident and collect their contact information. Their testimony can be valuable when filing a UM claim.
- File a Police Report: Report the hit-and-run to law enforcement as soon as possible. A police report is often required when filing a UM claim.
- Notify Your Insurance Company: Inform your insurer of the accident and initiate a UM claim. Provide all documentation, including the police report and medical records.
- Consult an Attorney: An experienced attorney can guide you through the claims process, negotiate with the insurance company, and ensure you receive the compensation you deserve.
Why Having Adequate UM Coverage is Crucial
While Illinois requires a minimum of $25,000 per person and $50,000 per accident in uninsured motorist coverage, these limits may not be sufficient for severe accidents. Consider the following reasons to increase your UM coverage limits:
- Severe Injuries: Medical expenses for catastrophic injuries, such as spinal cord damage or traumatic brain injuries, can quickly exceed minimum coverage limits.
- Lost Income: Extended recovery periods or permanent disabilities can result in significant financial losses.
- Peace of Mind: Higher UM limits provide a safety net in the event of a hit-and-run or uninsured driver accident.
Example Scenario:
A Naperville resident is involved in a hit-and-run accident, suffering multiple fractures and requiring surgery. The at-fault driver is never identified, and the victim’s medical bills exceed $50,000. With only the minimum $25,000 UM coverage, the victim must pay the remaining expenses out-of-pocket. If the victim had higher UM limits, these additional costs would be covered.
Example of How a UM Case Might Arise from a Hit-and-Run
Imagine a Naperville driver is rear-ended on Route 59 by a speeding vehicle that flees the scene. The victim sustains a fractured collarbone and significant neck injuries, requiring surgery and weeks of physical therapy.
When filing a claim under their uninsured motorist (UM) coverage, the driver’s insurance company disputes the severity of the injuries and offers a low settlement. With the help of an experienced Naperville car crash attorney, the driver files for arbitration. The attorney presents medical records, expert testimony, and evidence of lost wages to demonstrate the full extent of the damages.
The arbitration results in a favorable outcome, with the victim receiving compensation for medical expenses, pain and suffering, and lost wages. This example highlights how uninsured motorist coverage can provide a path to recovery for hit-and-run victims and underscores the importance of skilled legal representation to secure fair compensation.
How a Naperville Car Accident Attorney Can Help with a UM Claim
Uninsured motorist claims can be complicated, especially when insurance companies dispute the extent of your damages or attempt to minimize payouts. An experienced personal injury attorney can:
- Evaluate Your Case: Assess the value of your damages, including medical expenses, lost wages, and pain and suffering.
- Negotiate with Insurers: Advocate on your behalf to ensure you receive fair compensation.
- Handle Disputes: If your claim is denied or undervalued, your attorney can pursue arbitration or litigation to resolve the matter.
- Gather Evidence: Collect the necessary documentation, including police reports, medical records, and witness statements, to support your claim.
A Word from John J. Malm
“Hit-and-run accidents leave victims in a difficult position, both financially and emotionally. Uninsured motorist coverage is an essential safeguard, but navigating these claims can be complex. At John J. Malm & Associates, we are committed to helping hit-and-run victims secure the compensation they deserve. Our experience in handling UM claims ensures that our clients can focus on recovery while we handle the legal challenges.” – John J. Malm, award-winning Naperville car accident lawyer
Contact the Top-Rated Naperville Car Accident Lawyers at John J. Malm & Associates
Hit-and-run accidents are not only traumatic but also leave victims with the challenge of recovering compensation when the at-fault driver cannot be identified. Uninsured motorist coverage is a vital resource in these situations, providing financial protection for medical expenses, lost wages, and other damages.
At John J. Malm & Associates, our experienced Naperville car accident attorneys understand the complexities of UM claims and are dedicated to helping hit-and-run victims secure the compensation they need to rebuild their lives. With offices in Naperville and St. Charles, we are here to guide you through the legal process and ensure your rights are protected.
Contact us today for a free consultation. Let us help you navigate your uninsured motorist claim and achieve the best possible outcome.