What Should I Do If I Am Hurt in a Hit and Run Accident in AL?

by Aaron Gartlan

August 2, 2021 | Auto Accidents

If another driver hits you, you expect that driver’s auto liability insurance to pay for your medical bills and car repairs. But if the driver who caused the crash flees the scene and is not identified, then there is no liability insurance available to pay your losses. You’ll need to explore other options, which we’ll discuss below.

If you were hurt in an Alabama hit-and-run accident, an experienced attorney at Gartlan Injury Law can help you seek compensation for your injuries. Dealing with insurance companies while recovering from serious injuries can feel like an overwhelming task. The good news is you don’t have to face the challenge alone.

Our Alabama car accident lawyers can explain your legal rights and options during a free initial consultation. Contact us today to learn more about how we can help you seek the compensation you need.

What Is a Hit-and-Run Accident?

Hit-and-run refers to wrecks when a driver flees the scene after colliding with another vehicle, person, or property. Hit-and-run drivers break the law when they choose to leave without providing identifying information or rendering aid to others who may have been injured.

Unfortunately, many hit-and-run drivers are never caught. If an accident victim is seriously injured, he or she may be unable to identify the hit-and-run driver or vehicle. This can make it difficult for police to track down the hit-and-run driver unless another witness saw the vehicle.

While you may not be able to demand compensation from the at-fault driver after a hit-and-run accident, you may still have an insurance claim. You may file a claim against your own insurance if you opted for any of the following coverage types:

  • Uninsured motorist bodily injury (UMBI) and uninsured motorist property damage (UMPD) coverage provide compensation if you sustain injuries or property damage in an accident with an uninsured, underinsured, or hit-and-run driver. Alabama law requires insurers to provide uninsured coverage with each auto liability policy they sell. You should have uninsured motorist coverage unless you signed a waiver specifically rejecting the coverage.
  • Medical payments coverage, also known as MedPay, covers your medical costs after a crash no matter who was at fault.

A knowledgeable hit-and-run accident attorney at Gartlan Injury Law can help you evaluate your options and take the appropriate steps to seek compensation for your injuries.

Why Do Drivers Hit and Run?

The penalties for hit-and-run convictions are severe, but some drivers decide that taking their chances with the law is preferable to facing immediate consequences for their negligence or recklessness. Common reasons for hit-and-run violations include:

  • Drunk or drugged driving – Drivers who are under the influence of alcohol or drugs may hit and run to avoid DUI charges.
  • Driving while engaged in criminal activity – If a driver is driving without a license or in possession of illegal materials, they may hit and run to avoid getting caught.
  • Driving without proper insurance – Uninsured drivers may flee to avoid being held responsible for the damages they cause.
  • Driving company vehicles – Employees who crash company cars may hit and run to avoid disclosing the wreck to their employers.
  • Driving with a record – Drivers with open warrants or histories of other traffic violations often speed off to evade arrest or additional traffic citations.

How to Protect Your Alabama Hit-and-Run Injury Claim

When you’re involved in an Alabama hit-and-run accident, the actions you take in the weeks and months that follow can impact both your physical health and your ability to claim compensation. You can protect your hit-and-run injury claim by:

  • Seeking immediate medical attention to treat your injuries and establishing documentation of your medical condition
  • Taking photos of the accident scene, vehicle damage, and visible injuries
  • Writing down every detail you can recall about the crash as soon as possible
  • Locating any witnesses who saw the hit-and-run to request statements and contact information
  • Contacting an experienced Alabama hit-and-run accident attorney for advice

Criminal Hit-and-Run Charges and Victim Compensation

When hit-and-run drivers are caught, they may face criminal charges. Some hit-and-run drivers can avoid jail time by making monthly compensation payments to those injured in the crash.

When criminally convicted hit-and-run drivers are uninsured or otherwise unable to pay, injured victims might be entitled to money from Alabama’s Victims’ Compensation fund. They may also be able to make a claim with their own insurance company. An experienced attorney can evaluate your legal options.

What Kind of Compensation Can You Get in a Hit-and-Run Lawsuit in Alabama?

If you’ve been injured in a hit-and-run accident and the driver is eventually apprehended, you may file a personal injury claim against the offending driver and the driver’s insurance. If the driver is uninsured, you’ll need to file a claim against your own uninsured motorist coverage.

Civil lawsuits seeking compensation for personal injuries are separate from any criminal prosecution of a hit-and-run driver.

You may seek compensation for the following types of damages:

  • Past, present, and future medical expenses from accident-related injuries
  • Out-of-pocket costs you incur due to the accident
  • Lost wages from missed work
  • Lost future earning potential, if you are unable to return to your previous job
  • Physical pain and emotional suffering

Can You Get Compensation from Your Insurance Company After a Hit-and-Run Accident in Alabama?

It’s important to notify your insurance provider of the accident whether or not a hit-and-run driver is apprehended.

If you don’t notify your insurance company, the company may try to deny you coverage if you try to file a claim against your uninsured motorist coverage.

The state of Alabama requires drivers to carry liability auto insurance, which pays for other people’s injuries or property damage if the policyholder is at fault. Liability insurance will not cover your own accident-related costs.

Uninsured motorist coverage and MedPay may provide payment to you.

Get Help from an Alabama Hit-and-Run Lawyer Today

If you have been injured in a hit-and-run accident in Alabama, don’t hesitate to reach out to the dedicated attorneys of Gartlan Injury Law. We have extensive experience helping people injured in crashes in which a driver has fled the scene. We’ll be ready to help you understand your rights and legal options if this has happened to you or a loved one.

Contact us today for your 100% free and confidential case review.

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Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.

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