Injured in a Hit-and-Run Accident? Here Are Your Legal Options

Being hurt in a hit-and-run accident is upsetting in a way other accidents aren’t – not only are you dealing with your injuries, but you’re also worried about how you’ll pay for the crash and if the at-fault party will ever face justice. The good news is that you do have legal options, whether or not the other driver is ever found. Working with a car accident attorney in North Dakota can help you assess these options and move forward in a way that protects your rights.

Wondering about your next steps after a hit-and-run? Let’s talk. Call Larson Law Injury & Accident Lawyers today to get started.

What counts as a hit-and-run in North Dakota?

A hit-and-run is an accident where a driver leaves the scene before fulfilling duties imposed by North Dakota law, including stopping, providing identifying information, rendering reasonable assistance, and reporting the crash when required.

Someone who does not stop as legally required has committed a crime and may face both criminal and civil legal issues as a result.

What should I do after a hit-and-run?

What you do in the minutes and hours after a hit-and-run can determine if you’re able to recover compensation, if the other driver is found, and how you recover. We recommend:

• Call 911. You should report the accident right away – both because you need it for your insurance and because the other party committed a crime. The sooner you involve the authorities, the more time they have to track down the other driver.
• Jot down anything you remember about the other vehicle or driver. The make and model of the car, any portion of a license plate, identifying stickers or dents, or even details of the driver can narrow the police officers’ search and make it easier for them to find the other party.
• Take photos and video footage. Documenting the damage to your vehicle and the scene of the collision is crucial. It’s necessary for your insurance claim, and it may help find the other driver. For example, if they leave a piece of their vehicle behind, the police know to look for a vehicle with that piece missing.
• Seek medical attention right away. Even if you don’t think you’re injured, medical attention is critical. It’s important to get any injuries documented thoroughly and start treatment as quickly as possible.
• Contact a hit-and-run attorney. It’s easier to find hit-and-run drivers sooner rather than later, and if the other driver is found, a lawyer can help you pursue compensation from their insurance.

What if the hit-and-run driver is never found?

This is many people’s worst fear after this type of accident. However, since North Dakota is a no-fault state, you may still be able to recover compensation if the other driver is never located. In these situations, you typically turn to your own insurance for help.

How no-fault and uninsured motorist coverage apply after a hit-and-run

As a no-fault state, North Dakota requires drivers to carry basic no-fault insurance and uninsured motorist coverage. North Dakota’s required basic no-fault (PIP) provides up to $30,000 per person for economic loss (such as medical expenses and work loss) resulting from accidental bodily injury, while uninsured coverage must cover at least $25,000 per person and up to $50,000 per accident.

In many cases, hit-and-run accidents are considered accidents with an uninsured driver. In hit-and-run cases treated as uninsured motorist claims, your own insurance may help cover injury-related losses, such as medical expenses. Property damage to your vehicle is typically handled separately through collision coverage, not uninsured motorist benefits.

What if the driver is eventually found?

Thanks to traffic light cameras, dashcams, and doorbell cameras, a surprising number of hit-and-run drivers are eventually located. While it may take longer to get compensation in these cases, you can still go after their insurance for compensation (assuming that they have insurance).

If the at-fault driver is later identified, a civil claim may be possible (although under North Dakota’s no-fault system, an injured person generally cannot pursue claims for pain and suffering or other damages outside basic no-fault benefits unless certain legal thresholds are met. One such threshold is incurring at least $2,500 in medical expenses covered by Personal Injury Protection (PIP), or sustaining a qualifying statutory serious injury). If a claim against the at-fault driver or another responsible party is successful, amounts already paid through PIP are generally deducted or reimbursed, since no-fault benefits are intended to be the first source of payment for certain losses.

Who else may be liable in a hit-and-run crash

In many car accidents, one or both drivers are ultimately liable. But if yours is one where a third party is to blame, you may be able to recover compensation from them. For example, if the fleeing driver was in a vehicle owned by an employer and they were on the clock at the time of the crash, their employer may be liable for what occurred. If another driver contributed to the crash in any way, they may be partially at fault. These circumstances are extremely fact-specific and often warrant the assistance of a hit-and-run accident lawyer.

Find out how Larson Law Injury & Accident Lawyers can help you fight for justice

If you or someone you love has been injured in a hit-and-run accident, don’t just wait for the insurance company to jump in and help. Be proactive and reach out to our team to find out what your next steps are. Send us a message online or call us today to get started.