Car accidents are frightening and harmful enough without the at-fault driver fleeing the scene. Sadly, many negligent and reckless drivers would rather take their chances running away then taking responsibility for their actions. If you’ve been the victim of a hit-and-run crash caused by another driver in San Jose, you have rights. The San Jose hit and run lawyers at Henshaw Law Office want to hear from you. We have years of experience handling hit-and-runs in the region, and our dedicated San Jose personal injury lawyers can explore your legal opportunities for financial recovery.
What to Do After a Hit-and-Run
If possible, get a visual of the vehicle that struck you or your car before the driver takes off. Recording the license plate numbers is the best-case scenario. Getting the make, model, or color of the vehicle is also helpful. Immediately scan the scene for anyone who might have witnessed the accident. If you see bystanders, ask for their names and contact information. Someone may have recognized the driver or vehicle, or gotten a description that could help an investigation.
Call 911 and report your accident. It is always a good idea to call the police after a hit-and-run, no matter how minor the collision. Police can gather information, preserve any available evidence, and investigate who the at-fault party might be. While the crash is still fresh in your mind, write down a detailed description of what happened. Include where you were, what direction you were traveling, where the other driver came from, what might have caused the crash, and any other information that might be valuable.
Seek medical attention for any injuries right away. Delaying medical care can be bad for your physical health, but it can also show an insurance company that your injuries must not have been serious. Even if you don’t feel injured, visit your doctor and say that you were in an accident. You may have hidden injuries such as a slipped disc or concussion. Keep all medical documents, bills, and receipts. Once you’re on the mend, contact Henshaw Law Office.
How Our San Jose Accident Lawyers Can Help
At Henshaw Law Office we’re passionate about hit-and-run accident litigation. We strive to hold negligent drivers accountable for their actions, especially when they’ve caused serious personal injuries, expensive property damage, or the death of a loved one. Unfortunately, hit-and-run accidents may remain a mystery if there is not enough evidence to find the at-fault driver. This does not necessarily mean zero hope for recovery. Our experienced attorneys can explore every possible outlet for compensation, including lawsuits against a third party for contributing to the crash.
Our team of investigators will revisit the scene of the accident, gather eyewitness statements, hire expert witnesses to testify, and seek potential evidence from security cameras and other means. We will do everything we can to find the hit-and-run driver. We may recommend alternative options, such as using your own uninsured motorist coverage to pay for your damages. Your insurance company can treat a hit-and-run as an accident with a driver who did not have insurance. This can lead to a settlement that covers your injuries and losses. Our firm can negotiate a fair settlement with your insurance company, and look into other potential means of recovery. Contact us today for a free consultation; our San Jose car accident lawyers are here to help.
Hit and Run Frequently Asked Questions (FAQs)
Hit-and-run accidents come with more questions than other vehicle collisions since they don’t follow the typical chain of events. Instead of gathering the at-fault driver’s information and filing a claim, you will need to take different steps to protect your rights and obtain financial compensation for property damage and/or personal injuries. Answers to a few FAQs on hit-and-run accidents can help you learn where to begin. Here are a few of the most common questions we receive from hit-and-run victims at Henshaw Law Office:
What’s the difference between fault and no-fault?
- States are either fault or no-fault in car accident claims. In fault states like California, victims must prove another party was at fault to obtain damage recovery. In a hit-and-run accident, a police investigation can help prove another party struck the vehicle or individual and took off, helping the not-at-fault victim obtain compensation
Who will pay for my damages?
- In a typical San Jose car accident case, the at-fault party’s insurance company will pay for victims’ damages. For a hit-and-run, this party might not be available. In this case, victims may be able to seek damage recovery through their own insurance companies and/or third parties. If a poorly designed parking garage contributed to the crash, for example, the property owner might be partially at fault.
What if they can’t catch the hit-and-run driver?
- Unfortunately, many hit-and-run cases in San Jose remain unsolved. If police never identify the hit-and-run driver, you won’t be able to use that person’s insurance company for recovery. However, you can still recover the costs of your medical bills and property damage through other means. Discuss your case with our hit and run attorneys for a list of all available options.
How can I get my car fixed after a hit and run?
- Uninsured/underinsured motorist insurance (UM/UIM) will pay for your damages in the event of a hit-and-run accident. Your insurance company will treat the crash as if the at-fault driver had remained at the scene but did not have adequate car insurance. UM/UIM insurance is optional in California, but all companies must offer it to their clients. If you refused this insurance, you would have signed a waiver stating that you’re turning it down.
Does my insurance policy cover hit-and-run accidents?
- Call your insurance agent after a San Jose hit-and-run accident to find out if you have UM/UIM coverage. You can also review your policy. Your policy and agent should tell you if you have this type of coverage and the amounts of coverage you have, if any. Without this coverage, a personal injury claim against a third party might be your only option for damage recovery.
How much will UM/UIM insurance cover?
- Coverage amounts depend on the policy for which you have paid. Some policies will only cover a portion of medical bills, lost wages, property damage, etc., while others can cover 100% of the victim’s losses. Your agent will be able to tell you the exact maximums the insurance company will cover, with and without the hit-and-run driver’s identity.
How long do I have to file an uninsured motorist claim?
- File an uninsured motorist claim with your insurance company as soon as possible. Your insurance company can use a delayed filing against you as a reason to deny your claim. Most insurance companies require filing ASAP, but at least within 24 hours of the accident. If you’re filing a personal injury claim, you have two years from the date of the crash to file (three years for property-damage-only claims).
Do you have more questions about your Bay Area hit-and-run accident? The San Jose hit and run accident lawyers at Henshaw Law Office, can answer your questions and offer honest legal advice about what to do after a crash for free, during an initial case evaluation. Contact us to get personalized answers to your questions and concerns.
