Hit-and-run accidents are shocking and frustrating. You may have questions about who will pay your medical bills and car repairs if the driver who hit you fled the accident scene and cannot be identified. You may need to file a claim with your own uninsured motorist coverage to cover your medical expenses and accident-related losses.
The experienced Scottsdale hit and run accident lawyers of Mushkatel, Gobbato, & Kile, P.L.L.C., are here to help you. We can provide legal guidance and lead you through the claims process. Our legal team has decades of combined legal experience representing car accident victims and handling injury claims.
When you call our office, an experienced car accident attorney will review the details of your accident and explain your legal options. Call or contact us online today for your confidential consultation.
What Makes Hit-and-Run Accident Cases Different?
Hit-and-run accident cases are different than most car accident cases due to the lack of an identified responsible party. If the at-fault driver leaves the scene of the auto accident and cannot be identified, then there is no liability insurance policy available to cover your accident-related injuries and costs.
Arizona hit-and-run law (A.R.S. § 28-663) requires any driver involved in an accident resulting in death, injury, or vehicle damage to stop, provide their driver’s license and insurance information, and assist anyone who is injured. Failure to perform these duties can result in criminal charges.
What Should You Do Immediately After a Scottsdale Hit-and-Run Accident?
If you are the victim of a hit-and-run in Scottsdale, you should report the accident to the police and request an ambulance if anyone is injured. In the days and weeks after the accident, you can take certain steps to protect your health and prepare for any potential insurance claim or car accident lawsuit:
- See a doctor for a medical evaluation if you did not receive emergency medical care.
- Follow the doctor’s instructions and attend all follow-up appointments.
- Get a copy of the police report, typically by contacting the law enforcement agency that responded to the crash scene.
- Write down everything you remember about the accident.
- Do not discuss your injuries on social media until your case is resolved.
- Avoid giving a recorded statement to any insurance company until you have talked with a Scottsdale hit-and-run accident lawyer at Mushkatel, Gobbato, & Kile, P.L.L.C.
What Are Common Injuries in Scottsdale Hit-and-Run Accidents?
All hit-and-run accidents can be dangerous. Hit-and-run accidents that occur at high speeds can result in a range of serious injuries, including:
- Traumatic injuries
- Spinal and back injuries
- Brain injuries
- Broken bones
- Internal injuries
- Internal bleeding and organ damage
- Amputation
- Facial and dental injuries
- Whiplash
- Emotional distress/anxiety
How Do You Prove Fault in a Scottsdale Hit-and-Run Accident Case?
Proving who has responsibility for a hit-and-run in Scottsdale can be a challenge. The initial objective is to find the hit-and-run driver. The police may investigate to try to identify and locate the hit-and-run driver. Your attorney from Mushkatel, Gobbato, & Kile, P.L.L.C., can stay in contact with the police while their investigation is underway.
As soon as the police know the driver’s identity, you or your lawyer can make a claim against that driver’s insurance policy or file an uninsured motorist claim in Scottsdale if the driver lacks auto insurance.
To prove the at-fault party’s liability, your attorney will seek evidence. The types of evidence used to build a car accident lawsuit include:
- Police report
- Police investigations
- Traffic camera and/or surveillance footage
- Accident reconstruction report
- Witness statements
- Medical records
- Your statement about how the accident occurred
Who Pays for Losses After a Hit-and-Run Accident in Scottsdale?
If the hit-and-run driver is identified, you can file a car accident claim with the at-fault driver’s insurance company. However, if the driver is not known right away, or if the hit-and-run driver is never identified, you may be able to turn to your own insurance coverage.
Uninsured motorist (UM) coverage is not required in Arizona, but all insurers must offer it when someone purchases auto insurance. UM coverage applies if the other driver has no insurance or if you are involved in a hit-and-run accident. If you have this coverage, you can file an uninsured motorist claim in Scottsdale to cover your medical treatment and other crash-related expenses.
What If the Hit-and-Run Driver Is Finally Identified?
If the hit-and-run driver is eventually identified, you would file an insurance claim against their auto insurance policy. If you have injuries and their insurance policy limits are less than your accident-related costs, you could file a personal injury lawsuit against them.
In either case, you can seek to recover compensation for your:
- Medical expenses
- Lost wages
- Future lost earning capacity
- Pain and suffering
- Loss of enjoyment of life
- PTSD
- Property repair or replacement
In certain hit-and-run cases involving significant injuries, the accident victims may seek punitive damages. The court awards punitive damages only in cases involving fraud, malice, or willful misconduct. Punitive damages are awarded to punish the at-fault party and to deter them from engaging in similar misconduct in the future.
Will My Insurance Rates Go Up After a Hit-and-Run Accident?
Your insurance rates should not increase after a hit-and-run if you were not at fault for the accident. However, you must report the accident to the police and then submit a copy of the police report to your insurance company to make sure they treat you fairly.
How Long Do You Have to File a Hit-and-Run Accident Claim in Arizona?
Arizona law allows an injured person two years from the date of the accident to file a lawsuit against the party that harmed them. If the identity of the at-fault driver stays unknown, you may need to file an uninsured motorist claim against your own UM insurance policy to seek reimbursement of your losses.
Contact a Scottsdale Hit-and-Run Accident Lawyer
The Scottsdale car accident attorneys of Mushkatel, Gobbato, & Kile, P.L.L.C., protect the rights of those who have been harmed by others. We are a full-service law firm that offers the personalized attention of a small firm and the resources of a large firm.
We are honored by the kind words our clients have written about working with us. We would be honored to serve you, as well. Call our office or contact us online today for a confidential consultation.
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