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Bismarck Hit-and-Run Accident Attorneys
Experienced representation for victims of hit-and-run drivers in Bismarck, ND
Hit-and-run crashes often result in two fights for victims. First, there is the issue of identifying the driver. Second, there is the battle to access insurance coverage – either from the driver if located, or from your own uninsured motorist policy. Victims have every right to feel frustrated and angry when a driver injures them and leaves the scene. At Larson Law Injury & Accident Lawyers, we’re prepared to stand at your side and to help you as you combat insurance tactics and work to recover compensation for the harm caused to you. If you were hurt by a hit-and-run driver in Bismarck, call us today.
Table of contents
- How can we help with your hit-and-run case in Bismarck?
- Recoverable damages in hit-and-run collisions in Bismarck, ND
- How insurance works on hit-and-run cases in Bismarck
- Why do people flee the scene of a car accident?
- How does a hit-and-run investigation work?
- Can you claim compensation for a hit-and-run?
- Filing a hit-and-run accident lawsuit
- Why hire a hit-and-run accident lawyer in Bismarck?
Free Case Evaluation
Call 701-484-4878 now or fill out the form above to receive a free confidential consultation.
How can we help with your hit-and-run case in Bismarck?
If you were injured in a hit-and-run, it’s important to know that you have options. We can help you get started in the following ways:
- Secure the crash report: We want to ensure compliance with reporting requirements and obtain a copy of the police report documenting any information officials may have about the crash.
- Identify coverage: There may be coverage available to you – some possible ways to collect for your injuries include through North Dakota’s PIP coverage, UM, UIM, and any optional medical payments coverage included in your policy.
- Evidence preservation: We’re able to help you collect and preserve photos, debris, vehicle damage, and medical records from the crash scene.
- Surveillance canvass: We may look to nearby businesses and residences, owners of dashcams, or any available traffic cams to try to locate more information or evidence of the crash or to identify the driver and their car.
- Witness development: We can look for witnesses who may have information, including 911 dispatch records that could help us learn more.
- Handle insurer communications: It’s often challenging to speak to insurers because they aren’t there to make sure that you’re taken care of – they are protecting their bottom line. We can handle communication on your behalf to protect your interests.
Recoverable damages in hit-and-run collisions in Bismarck, ND
In personal injury claims, including hit-and-run crashes, you should be able to recover certain damages or compensation. Available damages may include:
- Economic damages: These cover losses related to medical care, rehab, prescriptions, and future treatment, as well as wage loss and reduced earning capacity. Your economic damages are the ones that we can either show receipts for or that we can come up with a reasonable estimate of, sometimes with the help of an expert witness who can determine numbers like future lost wages.
- Non-economic damages: Some losses don’t come with a clear number or even something reasonable to estimate. These include your pain and suffering, emotional distress, or loss of enjoyment. You may be able to collect non-economic damages to cover these.
- Property damage: If your vehicle sustained damage because of the other driver, this might be covered as well.
- Wrongful death damages: In a serious fatal hit-and-run crash, the family may be able to collect compensation by filing a wrongful death claim.
We can help you understand what you might be able to recover in your case.
How insurance works on hit-and-run cases in Bismarck
How insurance may apply in your case will depend on a number of factors, including whether the driver is identified and what coverage you carry. Here are some considerations related to insurance in North Dakota hit-and-run crashes:
- PIP (no-fault coverage): This is the first layer of coverage in many cases, and it offers damages for economic losses up to $30,000 per person. These damages should cover your medical and wage losses, replacement services, and, in deadly cases, funeral costs.
- UM coverage: Hit-and-run injury claims are often treated as “uninsured driver” claims. This means you go through your own insurance company to recover your injuries.
- UIM coverage: If the driver is later found, but they lack the necessary coverage to pay for your losses, your UIM may apply and cover the gap between their policy coverage and your damages.
Different arguments may arise in a hit-and-run case. For instance, “phantom vehicle” claims where there is no evidence that another vehicle was involved are one type of issue insurers are looking for in order to refuse payouts. This is because UM claims may require proof of physical contact or corroborating evidence, depending on the policy language. Evidence that proves contact with another vehicle can help combat this tactic. Other issues that might pop up include policy notice requirements or cooperation requirements that the insurance companies place on their policyholders.
Another legal policy matter that can arise, even in hit-and-run crashes, is comparative fault. Liability disputes come into play where the insurer may blame you for your injuries (N.D.C.C. § 32-03.2-02). Importantly, you can still collect compensation even if you share liability, as long as your portion of fault is less than 50%. Your car accident attorney can argue on your behalf if the opposing side tries to place blame for your injuries on you.
Why do people flee the scene of a car accident?
Fleeing the scene of a crash after injuring someone is a horrible thing to do to the victim or victims. However, it happens more often than many people realize. Some common reasons a person might flee the scene include:
- The driver has no insurance or a suspended license, and knows there will be severe consequences and penalties.
- The driver is drunk or on drugs and knows that staying at the scene could lead to criminal exposure and related consequences.
- The hit-and-run driver has active warrants out for their arrest or has committed prior offenses and knows they will face potential prison time if apprehended.
- Sometimes, it’s as simple as a driver becoming panicked and leaving out of fear. Still, this is not a legal excuse.
How does a hit-and-run investigation work?
If you were hurt in a hit-and-run, you need someone investigating what happened on your behalf. Some steps of that process may include:
- Collecting plate fragments, paint transfer, and debris from the scene to help identify the driver
- Creating a medical timeline and injury documentation to support your claims for damages
- Making requests for camera footage before it’s overwritten
- Finding an expert to carry out accident reconstruction work where needed
We’re here to discuss how these might apply in your Bismarck hit-and-run claim.
Can you claim compensation for a hit-and-run?
Yes, if another person’s negligence causes your injuries, you can typically recover through PIP and UM, and sometimes another driver’s insurance or your UIM if the driver is later identified.
In North Dakota, you’ll need to consider the serious injury threshold as well. Essentially, this means you can only recover non-economic damages outside the no-fault system if your injuries result in medical expenses over $2,500, or if you have certain injuries like dismemberment, serious and permanent disfigurement, or a disability that lasts longer than 60 days.
There are actions you may take or fail to take that can sink a claim as well. Some things to avoid include:
- Delaying your medical treatment, which insurers may point to as evidence that you weren't particularly injured.
- Failing to report the crash when the law requires notice, such as in cases of injury, death, or $4,000 plus in apparent damage (N.D.C.C. § 39-08-09).
- Making inconsistent statements, which insurers may use to question your credibility.
We can help you avoid errors that could impact your claim and work on a strategy to build a strong case for compensation. The sooner we’re involved, the better our position when it comes to negotiating or litigating your case.
Filing a hit-and-run accident lawsuit
Litigation may be appropriate in cases where it’s the best way for you to recover from your injuries. For instance, if the driver is identified, you may be able to bring a claim against them, the owner of the vehicle, or the driver’s employer (if applicable). In any legal matter, it’s critical to remember that there are time constraints on filing a claim. For general personal injury cases, you have six years (N.D.C.C. § 28-01-16(5)). In the event of a wrongful death action, you have just two years (N.D.C.C. § 28-01-18(4)). No matter how much time you think you have, earlier is better when it comes to finding an experienced Bismarck personal injury lawyer to represent you. Your lawyer can start handling insurers and investigating the crash as soon as you hire them to represent you.
Why hire a hit-and-run accident lawyer in Bismarck?
Hit-and-run crashes involve complicated insurance issues and challenging investigations. When you’re facing this type of claim, it’s extremely important to find an experienced lawyer who understands how to build a case, even when the driver who caused you harm is unknown.
Remember that evidence disappears fast, and early legal coordination helps avoid costly missteps. At Larson Law, we offer free consultations by phone, video conference, or from our office located at 3801 Lockport Street, Suite 2, Bismarck, North Dakota 58503. Call us today or reach out to us online to speak to a lawyer about your Bismarck hit-and-run case.