What Kind of Attorney Do I Need for a Hit and Run Accident?

Hit and Run Accident Injury Attorney in Ohio

Ohio law makes it illegal for a driver to flee the scene of an accident, but hundreds of people do it each year. Which is why state law also encourages, but does not require, every driver to carry uninsured motorist coverage.

As a hit and run accident attorney serving the greater Columbus area, I have seen firsthand the importance of insuring oneself against irresponsible and careless drivers. Falling victim to a hit and run driver puts a person at risk for suffering serious financial harm in addition to physical pain and emotional distress. Opting for relativity inexpensive uninsured motorist coverage makes it possible to file claims with one’s own insurance provider for the payment of medical bills and lost wages. Compensation for pain and suffering can also be a component of an uninsured motorist claim.

How an Uninsured Motorist Claim Works

Columbus hit and run lawyers use the shorthand “UM” for uninsured motorist coverage. An injured crash victim can invoke their UM coverage if the driver who hit and hurt them lacks liability coverage or flees the scene and is never found. UM coverage limits are the same as those for the policyholder’s liability coverage; that is, $50,000 in coverage for bodily injuries equates to $50,000 in UM coverage.

The state law that provides for UM coverage, section 3937.18 of the Ohio Revised Code, stipulates that “an insured [person] shall be required to prove all elements of the insured’s claim that are necessary to recover from the owner or operator of the uninsured … motor vehicle.”

Reading past the legalistic language, this means that succeeding with a UM claim is as difficult as succeeding with a claim filed against an at-fault driver’s insurance. To receive a settlement, the injured victim must present evidence of all the following:

• The other driver was at least 51 percent responsible for causing the crash,
• The crash inflicted injuries,
• Those injuries required medical treatment, and
• Financial losses resulted from medical care, temporary or permanent disability, and other consequence of the crash-related injuries.

UM coverage can also be invoked by family members or the legal executor of a person who gets killed in a hit and run accident.

When an insurance company receives a UM claim from one of its own policyholders, it reacts just like it would if it received a claim from someone it did not insure. It will look for ways to deny the UM claim or minimize the settlement. The injured person may even find it necessary to sue the insurance company. Partnering with an experienced personal injury lawyer while dealing with the insurance company makes sense.

You Have an Option if You Don’t Cary UM Coverage

When a hit and run or uninsured driver is found, injured victims have the right to sue that person directly. Acting on this option comes with a lot of uncertainty.

The at-fault driver may lack the funds to pay a judgment, and no one can guarantee how a civil trial jury will decide. But when no UM coverage is available, speaking with a personal injury attorney about taking the at-fault driver to court is worthwhile.

Corey Heit of Heit Law is based in Westerville, Ohio. He advises and represents clients in Columbus and across Franklin County, and he offers free consultations to prospective clients. You can connect with Corey online or call him at (614) 898-5300.