Can You File a UM/UIM Claim if You’re Injured in a Hit-and-Run Accident?

What Is UM/UIM Auto Insurance?

In Louisiana, everyone who owns a car is required to have auto insurance. When they sign up for insurance, the policy automatically includes uninsured/underinsured motorist (UM/UIM) coverage. However, even though the policy automatically includes it, the policy owner has the right to reject the UM/UIM coverage by signing a document stating that.

If the coverage isn’t rejected, the minimum required by law is $15,000. In a severe accident, that may not cover the medical bills, and if you factor in lost wages and property damage, the total can be even higher. When possible, purchasing coverage for higher amounts than the required minimum can be a good idea. But even if that’s not possible, maintaining the minimum is also advisable as nearly 12% of Louisiana drivers are uninsured.

Does UM/UIM Coverage in Louisiana Apply to Hit-and-Run Accidents?

Another valuable reason to keep UM/UIM coverage is that it also applies in hit-and-run cases. If the hit-and-run driver can’t be identified and found, the victim can file claims on their UM/UIM policy to cover car repairs and medical bills up to the maximum listed in the policy. That means that the victim has a form of compensation they can turn to even if the other driver is never found.

What Is the Process for Filing a Hit-and-Run Claim Through My UM/UIM Policy?

It’s similar to the process of filing any insurance claim regarding an accident.

File a police report. This is required in Louisiana for any vehicle accident that causes injury, death, or property damage of at least $600. You’ll need the report when filing the insurance claim.

Contact your insurance company to start the claim process. You’ll need the police report, medical bills and reports, and estimates for the damage to your vehicle.

The insurance company will then advise you as to any next steps, how soon you’ll know if your claim is approved, and when you might receive payment if it’s approved.

The process can be bureaucratic and slow. It’s highly recommended that you work with an experienced personal injury attorney who understands the claims process and the potential pitfalls to be avoided.

Note that overall, the statute of limitations for filing accident claims in Louisiana is two years from the date of the accident. Beyond that, it’s likely any claims will be denied.

What if My Insurance Claim for the Car Accident is Denied?

Unfortunately, this does happen. It can occur because of a simple error, or sometimes it may be a bad-faith move by the insurance company. However, an initial denial doesn’t mean the process is closed forever. If you haven’t already, this is a good time to bring in an experienced personal injury attorney who can review the case, the reasons for the denial, and guide you as to how best to proceed.

Why Do Drivers Flee the Scene of an Accident?

In Louisiana, it’s a crime to leave the scene of an accident. Louisiana law requires all parties involved in an accident to stop and provide contact and insurance information to each other. Someone who leaves the scene can face legal consequences if later identified and caught. In cases with no injuries, the hit-and-run driver could be sentenced to up to six months in jail and a fine of up to $500. If the accident caused injuries to someone else, the hit-and-run driver could face up to ten years in prison and a fine of up to $5,000.

With so much at stake, why would a driver flee? There are quite a few reasons.

Driving illegally. The driver may be unlicensed or had their license revoked.

Uninsured. The driver is uninsured.

Panic. Even an insured driver may momentarily panic, especially if they’ve never been in an accident before.

Criminal history. The driver may have a previous history of traffic violations and fear the consequences of being caught for this one.

Driving under the influence (DUI). The driver may know they’ve ingested drugs or alcohol that could have impaired their driving.

Past experiences with law enforcement. Drivers who have had previous negative encounters with law enforcement may flee.

Distracted driving. This can lead to a driver panicking and fleeing. It can also result in the driver not understanding they’ve caused an accident.

Are Hit-and-Run Drivers Ever Found?

Yes. In today’s digital world where there are security cameras in many places and bystanders have photo and film capabilities in their phones, tracking down a hit-and-run driver isn’t impossible. That doesn’t mean it’s guaranteed to happen, and your insurance company may want to pursue that before paying claims. Here are two primary methods to search.

Police report. Law enforcement may have access to footage from security cameras that could identify the driver or the vehicle. They may also have facial recognition technology that can help with photos or videos.

Eyewitnesses. Anyone who witnessed the accident may have documented it in some way.

What Should I Do if I Was Injured in a Hit-and-Run Accident?

Call Landgrave Garcia Injury Attorneys as soon as possible at 337-242-7604 to schedule a free consultation. This is no doubt both traumatic and highly frustrating for you. Our team of experienced, knowledgeable personal injury attorneys can review the facts and evidence in your case to determine what approach might be available to help you achieve the best possible outcomes.