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

This situation can arise in a number of scenarios:

-You’re driving to work one day and you’re hit by another driver who leaves the scene.

-You’re out walking your dog one evening and you’re hit by a car that flees the scene.

-You’re driving home from the grocery and another driver runs you off the road into a tree and leaves the scene.

If you’ve been involved in an accident and the other driver fled the scene – rest assured that all hope is not lost. In South Carolina, a motor vehicle is considered uninsured if the owner or operator of the vehicle is unknown. You may still be able to recover damages from your own insurance company through what is called “uninsured motorist coverage.” However, to prevent insurance fraud, South Carolina law requires the following things in order for you to file an uninsured motorist claim:

1. The accident must be reported to the police within a reasonable time; and
2. The injury or damage must be caused by physical contact with the unknown vehicle, or the accident must have been witnessed by someone who will sign an affidavit as to what happened; and
3. You have to try to determine the identity of the other driver and vehicle at the time of the accident.

In plain English: call the police to report the accident as soon as you possibly can, get witness names and phone numbers if you can/if there are any around that saw the accident, and do your best to note details about the other driver and other driver’s car to help determine his/her identity. What kind of car was it? Make, model, color, condition, license plate number (even a partial license plate number)? Which direction did the car go when it fled the scene?

The police may be able to locate and identify the other car and/or the driver or owner of the car. If they do, and there is an insurance policy covering that car, you would no longer have an uninsured motorist claim with your insurance company – you would pursue your claim with the other driver’s insurance company. If your damages exceed the amount of the other driver’s policy limits, you may still be able to file an underinsured claim with your own insurance company if you have underinsured motorist coverage. While you may be tempted to go it alone and negotiate with the insurance companies yourself, these issues can get complicated quickly. An experienced injury attorney can help guide you through the process and help you maximize your recovery.