A hit-and-run accident is one of the most frustrating and frightening types of collisions. You’re left injured, shaken, and often without any information about the driver who caused it. Many victims wonder, “Can you sue after a hit-and-run?” The short answer: Yes — but your options depend on the details of your case.
What Is a Hit-and-Run Accident?
A hit-and-run accident occurs when a driver causes a crash and then leaves the scene without providing their contact or insurance information — a crime in every state. These accidents often leave victims confused and financially burdened, especially when the at-fault driver is never located.
Fortunately, being injured in a hit-and-run doesn’t mean you’re out of options.
Can You Sue After a Hit-and-Run? Yes, and Here’s How
Even if the driver is never found, you may still be able to recover damages. Your legal options may include:
1. Uninsured Motorist (UM) Coverage
If you carry uninsured/underinsured motorist coverage, this is often the first and best option. UM policies are specifically designed to cover you when:
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The driver has no insurance
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The driver flees and cannot be identified
Uninsured motorist coverage may pay for:
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Medical bills
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Lost wages
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Pain and suffering
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Property damage
Some states require UM coverage; in others, it’s optional — but highly recommended.
2. File a Personal Injury Lawsuit (If the Driver Is Found)
If the hit-and-run driver is located through police investigation, traffic cameras, or eyewitnesses, you can file a personal injury lawsuit just as you would in a traditional car accident case.
Victims may sue for:
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Emergency and ongoing medical care
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Vehicle repair or replacement
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Emotional distress and mental trauma
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Loss of earning capacity
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Pain and suffering
In some cases, punitive damages may be awarded due to the driver’s reckless and unlawful behavior.
3. State Victim Compensation Programs
Many states offer crime victim compensation funds, which may provide limited financial relief for victims of hit-and-run accidents. These programs often cover:
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Medical expenses
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Counseling
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Lost wages (to an extent)
They usually require the victim to file a police report promptly and cooperate with law enforcement.
Steps to Take After a Hit-and-Run Accident
To protect your rights and strengthen your case, take the following steps immediately after the accident:
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Call 911 and report the accident
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Get medical attention, even if injuries seem minor
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Write down details (location, time, car description, license plate, etc.)
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Look for witnesses and nearby cameras
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Take photos or video of the damage and the scene
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File an insurance claim under UM coverage
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Contact a personal injury attorney as soon as possible
Why Hiring an Attorney Matters
Hit-and-run cases can be complex — especially if the driver remains unknown or the insurance company delays your claim. A personal injury attorney can:
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Handle communications with your insurance
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Investigate leads on the at-fault driver
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Maximize your uninsured motorist settlement
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Ensure you meet legal deadlines and requirements
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Help you apply for victim compensation programs
You Still Have Rights After a Hit-and-Run
Even though the driver fled, you’re not powerless. If you’re wondering, “Can you sue after a hit-and-run?” — the answer is yes, especially if you act quickly and know your rights.
Whether through your own insurance, a personal injury lawsuit, or a state program, compensation may be available to help you heal and recover financially. Always speak with a qualified personal injury lawyer to explore every option.
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