How Do Hit-and-Run Cases Get Paid?

Estimated Reading Time: 6 minutes

• Why Your Own Policy Often Pays First
• What Happens If You Have Collision Coverage but No UMPD
• When the Driver Is Later Identified
• How State Law Affects Your Options
• When Suing the At-Fault Driver Is an Option
• What to Do Immediately After a Hit-and-Run
• How MAS Law Handles Hit-and-Run Cases

In a hit-and-run accident, compensation typically comes from your own insurance policy, not the driver who fled. If you carry uninsured motorist coverage, that is usually the primary source of recovery for both your injuries and vehicle damage. Collision coverage may also apply.

In some cases, the driver is later identified and their liability insurance becomes available. What you can recover, and from where, depends on your specific coverage and the state where the accident occurred.

Why Your Own Policy Often Pays First

When the at-fault driver leaves the scene, they are treated as uninsured under most state laws and insurance policies. That classification triggers Uninsured Motorist (UM) coverage. According to the Insurance Research Council, more than one in seven drivers nationwide, roughly 15.4 percent, are uninsured. A driver who flees is often one of them, though not always. Either way, the practical reality is the same: there is no liable party available to pay, so your own coverage steps in.

Uninsured motorist coverage generally comes in two forms:

• Uninsured Motorist Bodily Injury (UMBI): This covers medical bills, lost wages, and in many states, pain and suffering, for you and your passengers after an accident caused by an uninsured or unidentified driver.
• Uninsured Motorist Property Damage (UMPD): This covers damage to your vehicle. However, UMPD is not available in every state, and some states that do offer it exclude hit-and-run accidents from UMPD coverage specifically. In those states, collision coverage fills that gap.

It is worth checking your declarations page to understand exactly what you have and at what limits, because those details determine how much of your loss is actually covered.

What Happens If You Have Collision Coverage but No UMPD

Collision coverage pays for damage to your vehicle resulting from a crash, regardless of who caused it. Because it does not depend on identifying the other driver or establishing fault, it is often the easiest way to repair your vehicle after a hit-and-run. The tradeoff is that a deductible applies, typically ranging from $500 to $1,000 depending on your policy. If the driver is later found, your insurer may pursue that driver to recover the deductible on your behalf through a process called subrogation.

Collision coverage does not cover bodily injury. For medical expenses and related losses, UMBI is the coverage that matters.

When the Driver Is Later Identified

In many cases, hit-and-run investigations eventually identify the driver.

• Surveillance footage
• Witness accounts
• License plate readers
• Social media

All have contributed to successful identifications. If the driver who struck you is found, the claim shifts. Their liability insurance, if they have it, becomes the primary source of recovery. Your own uninsured motorist claim would generally be closed or adjusted accordingly.

If the identified driver turns out to be uninsured, your UM coverage remains the primary resource. If they are underinsured, meaning their policy limits are not sufficient to cover your damages, underinsured motorist coverage, where available, can cover the remaining gap up to your own policy limits.

How State Law Affects Your Options

Hit-and-run coverage is not the same in every state. The rules can affect whether a UM claim is available and what evidence is required to move forward.

• Physical contact rules: Some states require the fleeing vehicle to actually hit your car before UM coverage applies. The rule is intended to prevent fraud, but it can create complications when a driver forces you off the road without making contact.
• No-contact crashes with independent proof: Other states allow a UM claim even without physical contact if there is independent evidence that another vehicle caused the crash, such as witness statements or surveillance footage.
• Reporting deadlines: Many states require hit-and-run accidents to be reported quickly. For example, California generally requires a police report within 24 hours for UM coverage to apply. Insurance policies also usually require prompt notice of a claim.
• Whether UM coverage is required: Some states require UM coverage in auto insurance policies, including Illinois and Maryland. In Florida, UM coverage is included but can be rejected in writing when the policy is purchased.

Because these rules vary by state, one of the first things an attorney will review in a hit-and-run case is how local law affects the available insurance coverage and what steps must be taken to protect the claim.

When Suing the At-Fault Driver Is an Option

If the at-fault driver is identified, a personal injury lawsuit may be an option. But whether it’s worth filing often comes down to whether the driver has:

• Insurance
• Assets
• Income

All of these could realistically be used to pay a judgment. A court can award damages, but collecting is another matter if the driver has no coverage and little ability to pay. An attorney can help you weigh whether pursuing a lawsuit makes sense based on the facts of your case.

What to Do Immediately After a Hit-and-Run

The steps taken in the immediate aftermath of a hit-and-run effect what options remain available later.

• Call the Police: A police report documents the incident and is typically required to file a UM claim. Many insurers will not process a hit-and-run claim without one.
• Document Everything at the Scene: Photographs of damage, skid marks, debris, and the surrounding area are important. If there were witnesses, get their contact information before they leave.
• Look for Surveillance Cameras: Note nearby businesses, traffic signals, and parking structures that may have captured the incident on camera.
• Notify Your Insurer Promptly: Most policies require timely notice of a hit-and-run claim. Delayed reporting can complicate or jeopardize coverage.
• Contact an Attorney Before Giving a Recorded Statement: Even claims filed with your own insurer involve an adjuster whose job is to evaluate the value of your claim. Speaking with an attorney first helps ensure your account is complete and accurate.

How MAS Law Handles Hit-and-Run Cases

At MAS Law, we work with clients to identify every available source of recovery after a hit-and-run, review the coverage that applies under their specific policy, and handle the insurance process while they focus on getting better. We handle personal injury cases on a contingency fee basis, meaning you pay nothing upfront and we only get paid if we recover compensation for you.

If you were injured in a hit-and-run accident and have questions about your options, contact our car accident lawyers for a free consultation. We are available 24/7 and can be reached at (866) 328-8433 or online.