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When you’ve been injured in a hit and run in Louisville, it can be an overwhelming situation, which may leave you frustrated, and unsure of the proper steps to take to ensure that you are fairly compensated for your injuries and your property damage.
Although you were left alone at the scene of the accident, thankfully you do not have to handle the aftermath of the hit and run by yourself.
However, there are some important things you should understand when dealing with a hit and run, which can help to ensure you receive the compensation you deserve – even if it doesn’t come from the person responsible for the wreck.
If you’ve been the victim of a hit and run accident, call Hughes & Coleman today for a free consultation. An experienced Louisville car accident lawyer at our firm can help you through this experience and guide you through the process to ensure you have the best possible outcome.
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A hit-and-run accident occurs when a motor vehicle collides with another vehicle, person, or object, and the responsible driver leaves the scene without reporting the accident and/or sharing their insurance details and contact information.
First, it’s important to understand that you’re not alone. Hit and run accidents in Louisville and across Kentucky are more common than most people realize.
According to the Kentucky State Police, in 2021 there were 11,312 reported hit and run accidents in Kentucky, and 10% of these crashes resulted in injuries. The largest percentage of hit-and-run collisions (41%) occurred on city streets, followed by 25% on state routes, and 16% on U.S. routes. Hit-and-runs are especially common for drunk driving accidents in Louisville, where the driver may flee the scene to avoid a DUI. If you were hit by a drunk driver in Louisville, an experienced Louisville personal injury attorney can help.
After a hit and run accident, you will find yourself in one of two scenarios:
What happens next will be determined by which category you fall into, however there will be some important steps you will need to take regardless of how the hit and run accident transpired.
Hit and runs happen quickly, and more times than not, the accident victim will have very little time to process and retain information that can help identify the hit and run driver.
If you’re involved in a hit-and-run incident, it’s important to take the following steps:
Remember, it’s crucial to remain calm and prioritize your safety. By taking these steps, you can improve the chances of identifying the responsible party and ensuring the proper handling of the situation.
Currently, the Louisville Police Department is extremely understaffed, and even if you call the police immediately after the accident, they may not have the resources available to fully and properly investigate your hit-and-run to find the at fault party. However, a personal injury law firm, such as Hughes & Coleman, does.
We will do a full investigation around the area of the collision to see if we can, in fact, identify the hit and run driver. For example, we will pull video surveillance from local businesses, ring cameras, and similar equipment to try to identify and locate the other vehicle, along with taking all of our other normal investigative steps.
The chances of finding a hit and run driver are best when you have a team dedicated to examining all available evidence.
In Louisville, Kentucky, there are three primary insurance policies available to drivers:
It is important to understand the differences between UM coverage and UIM coverage, what you have, and how each may or may not help you following a hit and run accident.
Kentucky is a “no-fault” state, which means that all drivers are obligated to carry Personal Injury Protection (PIP) insurance with a minimum coverage limit of $10,000.
This means that in order to seek compensation for injuries and lost wages, you first rely on your personal injury protection (PIP) coverage and go through your own insurance. However, if you wish to file a claim against another driver, you need to meet Kentucky’s injury threshold. To step outside the no-fault system, you must demonstrate one of the following:
Additionally, if a loved one passes away due to accident-related injuries, you can also seek compensation outside the no-fault system.
Although the threshold may appear straightforward, establishing eligibility can be challenging. An experienced car accident lawyer can carefully assess your medical bills and records to help substantiate your claim rights.
Yes. If you have PIP insurance in Kentucky, it will provide coverage for a hit-and-run accident. In the event of a hit-and-run accident, your PIP insurance will cover your injuries, up to the policy limits, regardless of whether the driver responsible is identified or not. However, PIP will not cover property damage.
Uninsured motorist coverage (UM) is a part of your car insurance that helps protect you if you’re in an accident caused by a driver who doesn’t have insurance. It’s important to note that this is separate from underinsured motorists (UIM). UM coverage is typically necessary when you’re involved in an accident with an uninsured driver or if you’re a victim of a hit-and-run, regardless of whether you’re driving, riding a motorcycle, walking as a pedestrian, or cycling.
In Kentucky, the minimum liability limits required by the law are:
The Kentucky Uninsured Motorist Statute (KRS 304.20-020) does not mention “hit and run” vehicles. Coverage for injury by any unidentified motorist is an added feature of the policy that is not required. Additionally, it does not provide that a motor vehicle will be considered uninsured when the driver flees the scene and cannot be identified.
You will need to understand if you have additional coverage for a hit-and-run accident in your uninsured motorist insurance policy. You will need to review the declarations page of your policy or speak with your insurance provider or your attorney to understand what liability coverage you have available to you.
Underinsured motorist coverage (UIM) is a part of your car insurance that helps safeguard you when the driver at fault in an accident doesn’t have enough insurance to cover your losses adequately. It’s crucial to remember that, following a significant accident, you should consider not only the damage to your vehicle and immediate injuries but also the time required for complete recovery (if possible) and the overall impact of the accident on your life. Often, a few thousand dollars falls far short of what is needed, and a car accident attorney is often required to obtain just compensation.
Usually, this coverage can assist in paying for bodily injury damages to both you and your passengers if the other driver is able to be identified. Additionally, it may provide coverage for you if you are a pedestrian who was injured in a hit-and-run.
If the offending vehicle is unable to be identified, we will work to understand every policy you are insured under in order to obtain maximum compensation from your uninsured motorist coverage.
Reviewing the policies is also very important since there are prerequisites that must be met in order to secure uninsured coverage when there is a hit-and-run vehicle, such as a physical contact requirement between the offending vehicle and your vehicle.
In Louisville, for a victim to be eligible for uninsured motorist benefits in a hit-and-run accident, there needs to be physical contact between the victim’s vehicle (or physical body) and the vehicle that left the scene.
We will document with photos and videos the damage to your vehicle to show that there was actual contact made, and present this evidence as part of your claim so that you can receive every dollar you are entitled to.
Being in a collision can be frightening, but it’s crucial to stay at the scene. Leaving can lead to criminal charges being filed against you. Under Kentucky law, a hit-and-run driver can face severe consequences.
A hit-and-run in Kentucky can be a misdemeanor or a felony depending on the specific circumstances, including property damage, injuries, or fatalities.
The consequences for a hit-and-run in Kentucky vary based on the severity of injuries or property damage caused during the incident.
In cases involving property damage alone, leaving the scene of an accident in Louisville is considered a Class A misdemeanor, and the penalties may range from $20 to $2,000 in fines and/or a potential jail term of up to one year.
However, if a driver flees the scene of a hit-and-run where there was a death or injury, and they should have been aware of the harm caused, it will be considered a Class D felony. This offense carries penalties of $1,000 to $10,000 in fines and/or a prison sentence ranging from one to five years.
Because Kentucky is a no-fault state, proving fault in a hit-and-run is not required to file an insurance claim for your damages. However, negotiating a settlement offer should be conducted by an experienced attorney to ensure that you receive the compensation you deserve.
If you’ve been injured in a hit-and-run, call our legal team today for a free, no-risk consultation. Our team can help you though this difficult time, and can ensure that you receive every dollar you deserve from the insurance company.
Call us now at 800-800-4600. Get it done.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 800-800-4600.
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