Hit-and-run accidents can leave victims grappling with physical injuries, emotional distress, and financial uncertainty. In New Jersey, a no-fault insurance state, understanding your rights and available compensation options is critical to recovering after such an incident. This guide provides detailed steps to take and explains how compensation works.
Immediate Steps After a Hit-and-Run Accident
- Ensure Safety and Contact Law Enforcement
- Move to a safe location and call 911 to report the accident. A police report is essential for insurance claims and any legal action.
- Document the Accident Scene
- Take photos of the scene, including your injuries, vehicle damage, and the surrounding area.
- Note details about the fleeing vehicle, such as its make, model, color, or any visible license plate information.
- Speak with Witnesses
- Collect contact details and statements from witnesses who saw the accident or the fleeing driver. Witness accounts can strengthen your case.
- Seek Medical Attention
- Even if your injuries seem minor, see a doctor promptly. Medical records are vital for insurance claims.
- Engage Professional Assistance for Evidence Collection
- Gathering evidence, such as surveillance footage or additional documentation, can be time-sensitive and complex. Law firms can work on your behalf by requesting camera footage, coordinating with investigators, and collecting the necessary evidence to build a strong case.
Compensation Options for Hit-and-Run Victims in New Jersey
In a hit-and-run accident, compensation typically comes from your own insurance policy or other available resources, as New Jersey operates under a no-fault insurance system.
Personal Injury Protection (PIP) Coverage
PIP is the primary source for covering medical expenses, regardless of fault.
- Coverage Details: PIP pays for hospital bills and lost wages, up to the policy limit.
- Policy Application:
- If you own a vehicle, your PIP policy applies.
- If you don’t own a vehicle but live with someone who has insurance, their PIP policy may cover your expenses.
- If neither applies, the PIP coverage of the vehicle you were in will cover your medical bills.
Uninsured Motorist (UM) Coverage
When the at-fault driver cannot be identified, UM coverage can help cover additional damages.
- What It Covers: UM coverage compensates for pain and suffering, property damage, and other non-economic losses.
- Limitations: UM does not cover medical bills or lost wages, as these are addressed through PIP. Compensation is capped at your UM policy limits.
Letter of Protection (LOP)
If your PIP benefits are exhausted and further medical treatment is necessary, healthcare providers may agree to treat you under an LOP.
- Deferred Payments: Payment is deferred until the case is settled, allowing you to continue treatment without upfront costs.
- Settlement Funds: Outstanding medical balances are typically paid from your settlement proceeds.
Recovering Property Damage
If your vehicle is damaged in a hit-and-run accident, compensation depends on the available coverage:
- Using Your Collision Coverage
- If you have collision coverage, your insurer will pay for repairs, minus your deductible.
- Your insurer may later recover the costs from the at-fault driver’s liability insurance if the driver is located.
- Reimbursement from the At-Fault Driver
- If the driver is identified, their liability insurance will cover property damage up to their policy limits.
What Happens If the At-Fault Driver Is Found?
If the fleeing driver is identified, their liability insurance becomes responsible for your damages:
- Medical Expenses: Any costs exceeding your PIP limits can be recovered from the at-fault driver’s bodily injury (BI) liability insurance.
- Pain and Suffering: If your injuries meet New Jersey’s permanent injury threshold, you may seek compensation for emotional distress or long-term physical impairments.
- Property Damage: Their liability insurance can reimburse your collision coverage or directly pay for repairs.
If their coverage is insufficient, your underinsured motorist (UIM) coverage can provide additional compensation, but recovery is limited to your UIM policy limits.
Challenges in Hit-and-Run Cases
- Identifying the Fleeing Driver
- Without identifying the at-fault driver, claims must rely on your insurance coverage.
- Limited Coverage
- PIP and UM policies may not fully cover extensive damages, potentially leaving financial gaps.
- Insurance Disputes
- Insurance companies may undervalue UM claims or contest liability. Legal representation can help secure fair compensation.
Why Legal Representation Matters
Navigating a hit-and-run case alone can be overwhelming. A personal injury attorney can:
- Collect evidence by requesting or subpoenaing camera footage and gathering witness testimonies.
- Negotiate with insurance companies to maximize your compensation.
- Explore all potential avenues for recovery, including UM and UIM claims.
Conclusion
A hit-and-run accident in New Jersey requires swift action and an understanding of your insurance coverage. Whether pursuing compensation through PIP, UM, or other resources, legal representation can make all the difference in ensuring a favorable outcome.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For personalized assistance, contact Song Law Firm at 201-461-0031 or email pi@songlawfirm.com.
