Hit-and-run accidents can be incredibly stressful and overwhelming, leaving victims not only with physical injuries but also the challenge of pursuing compensation when the responsible party flees the scene. In these cases, victims are left wondering what kind of settlement they can expect to receive, especially when the liable party is unknown. While determining an exact average settlement for a hit and run can be tricky, several key factors play a significant role in the outcome of these cases.
This post will explore the different elements that influence settlement amounts and provide insights into what you might expect if you’ve been involved in a hit-and-run accident.
Factors Affecting Settlement Amounts
The settlement amount in a hit-and-run car accident can vary widely depending on several factors. Here are the most common elements that impact the value of a settlement:
- Severity of Injuries: The more serious your injuries, the higher your settlement will likely be. Medical expenses, lost wages, rehabilitation costs, and long-term care needs all contribute to the final amount. In cases involving permanent injuries or disabilities, settlements can be significantly higher.
- Property Damage: The extent of damage to your vehicle or other property is another important factor. If your car requires extensive repairs or is totaled, this will increase the amount of compensation you can seek.
- Available Insurance Coverage: In hit-and-run cases, recovering compensation often depends on your own insurance coverage. Uninsured motorist (UM) coverage or other policy options can influence your settlement. Without sufficient coverage, your options for compensation may be limited.
- Emotional and Psychological Impact: Beyond physical injuries and property damage, the emotional and psychological trauma from a hit and run can be considerable. Compensation for pain, suffering, and emotional distress can be included in your settlement, particularly if the accident has had a lasting impact on your mental health.
Role of Uninsured/Underinsured Motorist Coverage
In hit-and-run cases, recovering compensation often hinges on your uninsured/underinsured motorist (UM/UIM) coverage. This type of insurance is designed to protect you when the at-fault driver either doesn’t have insurance or, in the case of a hit and run, cannot be identified. Here’s how UM/UIM coverage plays a role:
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- How It Works: If the responsible driver flees and cannot be found, your UM/UIM policy steps in to cover the damages. This can include medical bills, lost wages, property damage, and other losses related to the accident.
- State Requirements: Some states require drivers to carry uninsured motorist coverage, while in others, it’s optional. Even if it’s not mandatory, having UM/UIM coverage can provide vital protection in a hit and run case.
- Typical Settlement Ranges For Hit-And-Run Car Accidents: The settlement you receive through UM/UIM coverage will depend on the limits of your policy. For example, if you have $100,000 in uninsured motorist coverage, that could set the maximum amount of your settlement, though the actual compensation will be based on your damages.
Proving Your Case in a Hit and Run
Even in hit-and-run cases, you still need to prove the extent of your damages to pursue a settlement or verdict through your insurance or other available options. Gathering strong evidence is critical to building a successful case. Here’s what can help:
- Police Reports: Always report a hit-and-run accident to the police. A police report provides official documentation of the event, which can be essential for your claim. It will include important details such as the time, location, and description of the accident.
- Witness Statements: If there were any witnesses to the accident, their statements can be invaluable in proving that the collision occurred and that the other driver fled the scene. Make sure to collect their contact information and any details they can provide.
- Surveillance Footage or Dashcam Evidence: In some cases, security cameras or dashcams may capture the accident. This footage can be crucial in identifying the fleeing driver or demonstrating how the accident happened.
- Medical Records and Expenses: Thorough documentation of your injuries and medical treatments is necessary to calculate the settlement amount. Keep track of all medical visits, treatments, and related expenses. Mark Cantor likes to call this a diary of your pain kept by the doctors.
By working with an experienced personal injury lawyer, you can ensure that your case is thoroughly prepared and your rights are fully protected. A lawyer can help gather the evidence, negotiate with your insurance company, and ensure that you get the compensation you deserve.
Average Settlement Ranges For Hit-And -Run Car Accidents
The settlement amount for a hit-and-run accident can vary significantly based on the specifics of your case. While it’s difficult to pinpoint an exact average, here are some general guidelines:
- Minor Injuries and Property Damage: In cases where the injuries are minor and property damage is limited, settlements might range from $10,000 to $50,000. This would typically cover medical bills, vehicle repairs, and compensation for a brief period of lost wages.
- Moderate to Severe Injuries: If you’ve suffered more serious injuries requiring ongoing medical care, surgeries, or rehabilitation, settlement amounts can rise substantially. Cases involving severe injuries often see settlements between $50,000 and $200,000, depending on the extent of the damage and the limits of your insurance policy.
- Permanent Injuries or Disabilities: For hit-and-run accidents resulting in permanent disability or life-altering injuries, settlements can easily exceed $200,000 and may reach into the millions. These cases involve compensation for long-term medical care, future lost income, and pain and suffering.
- Emotional and Psychological Damages: Settlements may also account for the emotional and psychological toll of the accident. Depending on the severity, additional compensation for emotional distress can be included, increasing the overall settlement.
Remember that the exact settlement in your case will depend on many factors, including your insurance coverage, the strength of your evidence, and the legal representation you choose.
Real Examples of Hit-and-Run Settlements
To provide a better understanding of what the average settlement for a hit-and-run car accident might look like, here are two real-life examples that showcase how compensation can vary depending on the circumstances of the case.
$101,000 Settlement in a Hit-and-Run Motorcycle Accident
In 2016, Cantor Injury Law helped a motorcyclist was struck from behind in a hit-and-run accident while attempting to exit a highway. The impact propelled him into a concrete median, resulting in a torn anterior cruciate ligament (ACL) in his right knee. There were no witnesses to the incident, and the responsible driver fled the scene.
- Settlement Amount: $101,000
- Breakdown of Value and Distribution: $100,000 in uninsured motorist coverage; $1,000 for medical payment benefits
- Injuries Alleged: Right leg, knee, ankle, foot; torn ACL
- Initial Pretrial Offer: $25,000
- Final Settlement: $101,000
Despite the challenges of proving fault in a hit-and-run, the motorcyclist’s attorney successfully secured this settlement, highlighting the importance of uninsured motorist coverage in such cases. By stacking multiple insurance policies, the injured motorcyclist was able to obtain the compensation he deserved despite the lack of witnesses.
$750,000 Settlement in a Wrongful Death Case
In a tragic hit-and-run incident, the family of a tow truck driver who was fatally struck while assisting a disabled vehicle secured a $750,000 settlement from the insurance company. The accident occurred when the driver was placing warning flares and was struck by a passing vehicle.
- Settlement Amount: $750,000
- Injuries Alleged: Fatal injuries resulting from a pedestrian being struck by a vehicle
- Circumstances: The driver was assisting a disabled vehicle and placing warning flares when he was struck. The at-fault driver later pleaded guilty to leaving the scene of an injury crash.
The family sought recovery under the towing company’s $1 million underinsured motorist policy. Mark Cantor successfully argued that the insurance language made the tow truck driver an “occupant” of his vehicle, even though he was a distance away at the time of the incident. This case illustrates the significance of comprehensive insurance coverage and effective legal representation in navigating complex insurance claims, ultimately providing the grieving family with financial support and a sense of justice in their time of need.
How a Lawyer Can Help Maximize Your Settlement
Navigating a hit-and-run case can be complicated, but having an experienced personal injury lawyer by your side can make all the difference in securing the settlement you deserve. Here’s how a lawyer can help:
- Negotiating with Insurance Companies: Insurance companies often try to minimize payouts, especially in hit-and-run cases. A skilled lawyer knows how to handle these negotiations and ensure you’re not shortchanged in your settlement.
- Handling Complex Legalities: Filing lawsuits, gathering evidence, and dealing with insurers can be overwhelming while recovering from an accident. A lawyer takes care of all the legal aspects, so you can focus on your health.
- Maximizing Compensation: Lawyers are well-versed in identifying all available avenues for compensation. This includes ensuring that your uninsured motorist coverage is fully utilized and considering additional claims for emotional and psychological damages.
- Building a Strong Case: Proving the extent of your damages is critical to maximizing your settlement. A lawyer will help gather medical records, witness statements, and other evidence to build the strongest possible case.
By working with a knowledgeable attorney, you can ensure that your rights are protected, and that you receive the full compensation you’re entitled to.
Finding Justice After a Hit-and-Run
Recovering compensation after a hit-and-run accident can be a challenging and stressful process, but understanding the factors that influence settlement amounts can help guide you through it. From the severity of injuries to the role of uninsured motorist coverage, many elements play a part in determining what your settlement might be. While average settlement amounts vary widely, working with an experienced personal injury lawyer can greatly increase your chances of maximizing your compensation.
At Cantor Injury Law, we’re here to help you navigate the complexities of your hit-and-run case, from gathering evidence to negotiating with insurance companies to filing a lawsuit and going to a jury trial. If you’ve been involved in a hit-and-run accident, don’t face it alone—contact us today for a free consultation and let us fight for the settlement you deserve. You Can Count On Cantor.