Recovering From a Hit-and-Run

When you’re the victim of a hit-and-run crash, you experience a spectrum of emotions – like anger, frustration, and worry. With no at-fault driver to blame, who will cover the cost of the damages you suffered?

Around 18% of Missouri traffic crashes are hit-and-runs. Under state law, a driver commits a hit-and-run if they flee the scene of an accident that killed, injured, or damaged the property of another person without providing vital information.

When a driver strikes a person or property belonging to another person, they are required to leave their name, home address, driver’s license number, and the license plate number of the vehicle they are driving. They can give this information to the injured party or a police officer, if either are on the scene. They can also leave the information, along with information about the crash, at the nearest police station.

 

Compensation After a Hit-and-Run

A person who suffers a hit-and-run often worries about who will cover the cost of their injuries and property damage. In Missouri, the answer is the injured person’s own insurance company.

Missouri law requires every auto insurance policy to include Uninsured Motorist coverage. This covers any injuries or damages you suffer in a crash with an uninsured driver or an unknown driver.

Filing an Uninsured Motorist claim should not affect your insurance rates. Insurance rates are based in part on your driving history, and in the case of a hit-and-run, you are not the driver at fault.

It’s always a good idea to have a lawyer file the insurance claim on your behalf, even when you are working with your own insurance company. Insurance companies are in business to make a profit, and one way they do that is by paying out as little as possible in claims, even to their own customers.

Communicating with your insurer through a legal expert makes it more likely you will get the full compensation you’re entitled to. Under state law, auto insurance policies must provide the following minimum coverage:

  • $10,000 in property damage liability
  • $25,000 per-person bodily injury liability
  • $50,000 per-accident bodily injury liability
  • $25,000 per-person uninsured motorist coverage
  • $50,000 per-accident uninsured motorist coverage

 

Missouri Hit-and-Run Statistics

Graphic about Missouri hit-and-run statistics

Sources: The National Highway Traffic Safety Administration, Missouri State Highway Patrol, and ValuePenguin 

 

What to Do If You’re the Victim of a Hit-and-Run

If you are personally involved in a traffic crash, get medical attention immediately. Even if you seem to be uninjured, you may have suffered internal or musculoskeletal injuries that are not immediately apparent.

Call the local police as soon as possible. The sooner the police have information about a hit-and-run, the more likely they are to find the culprit. The accident must be reported in the jurisdiction where it happened.

Take pictures of the scene of the accident and any property damage. If you were present when the crash took place, record all the details you can remember before your memory starts to fade. You can note the details in writing or record yourself talking about them.

If you were not present when the crash occurred, record a detailed description of how you found the damage.

See if there were any witnesses to the crash. Make a record of their statements and their contact information, and share that information with police.

Contact a lawyer as soon as possible to file an insurance claim. Many insurers require a claim to be filed within 72 hours of the crash, though deadlines can vary from one insurer to the next.

Describing a Hit-and-Run Driver

Any description witnesses can provide about a fleeing vehicle is valuable. The more details you can provide, the better. Police are most likely to find a vehicle if they have the following information:

  • Vehicle make, model, and color
  • Full or partial license plate number
  • Distinctive features like damage, bumper stickers, or custom parts
  • The direction the vehicle was traveling, both before and after the crash
  • Description of the driver

 

Missouri Hit-and-Run Laws

Missouri is an at-fault state. That means the driver who is at fault for an automobile crash is responsible for paying damages to anyone who was injured or suffered property damage as a result of the crash.

If the at-fault driver is unknown, insurance companies pay out damages as though the crash was caused by an uninsured driver. When the guilty party in a hit-and-run is found, they can face civil and criminal penalties.

Civil Penalties

The victim of a hit-and-run crash can file a claim with the at-fault driver’s insurance company, even if the victim’s own insurer already paid a claim.

The injured person may also sue the driver directly. They could seek additional compensation for negligence because the driver left the scene.

In addition, an insurance company may sue the at-fault driver to recover payments it made under the victim’s Uninsured Motorist coverage.

Criminal Penalties

The state of Missouri takes leaving the scene of a crash seriously. Hit-and-run convictions cannot be expunged from a driver’s record.

If a municipal or county police agency issues a ticket to a hit-and-run driver, that driver will receive 6 points on their Missouri driver’s license record. If the ticket is issued by the Missouri State Highway Patrol, the driver will receive 12 points on their license.

A driver who racks up 12 points in 12 months will have their license suspended for a year.

Depending on the circumstances of the crash, the driver in a hit-and-run may face misdemeanor or felony charges.

If… Potential Charge Potential Penalty
…a driver leaves the scene of an accident without providing their contact details and insurance information Class A misdemeanor Up to 1 year in jail and up to $1K in fines
…the accident results in property damage valued at more than $1,000 Class E felony Up to 4 years in jail and up to $5K in fines
…the accident results in an injury to a person other than the at-fault driver Class E felony Up to 4 years in jail and up to $5K in fines
…this is a driver’s second hit-and-run offense Class E felony Up to 4 years in jail and up to $5K in fines
…the accident results in a person’s death Class D felony Up to 4 years in prison and up to $10K in fines

Hit-and-Runs on Private Property

If a hit-and-run crash happened on private property, such as a parking lot, it can still be investigated as a crime. Police have jurisdiction to investigate a hit-and-run on private property as long as someone who suffered an injury or property damage requests police involvement.

 

Are You the Victim of a Hit-and-Run Driver?

If a hit-and-run driver injured you or damaged your property, we can help you recover. The caring legal experts at Fernandez Law take on powerful insurance companies to help our clients get the compensation they deserve.

Schedule your free consultation today