If you’ve been left picking up the pieces after a hit and run accident, you are not alone in feeling confused or worried about whether you have any options. By the time you’re reading this, you’ve likely already visited a doctor, notified law enforcement, and filed a report with your insurance company. Yet the weight of not knowing who hit you can feel overwhelming.
Even if the driver who caused the crash is unknown, you can still talk to a car accident lawyer and pursue a claim. At Allen & Allen, we understand how traumatic a hit and run can be. You’re left with the impact of a crash and the added stress of not knowing if the person responsible will ever be held accountable. Our attorneys stand ready to help you navigate this process and work to protect your rights.
For more than 100 years, our firm has honored our responsibility to clients by building relationships on integrity, respect, compassion, and trust—the same values that guide us today. We commit to making your fight our fight, treating you with care, and helping you navigate the complex legal process ahead. That’s what we mean when we say, “I am an Allen.”
An experienced car accident attorney can answer your questions like what happens if the other driver is found, how insurance coverage can come into play, and why Virginia’s statute of limitations affects your timeline for filing a claim. A hit and run situation can feel overwhelming, but you don’t have to handle it alone.
What happens in a hit and run accident
A hit and run accident involves one driver leaving the scene without providing their contact or insurance details. Even if the person briefly stopped but took off without sharing any information, that situation can also be treated as a hit and run.
These crashes may happen on highways, neighborhood streets, parking lots, or anywhere drivers share the road. In many cases, the driver who flees may be confused, panicked, or fearful—possibly due to lack of insurance, a suspended license, or other concerns.
Hit and run accidents create unique hurdles. You may be experiencing pain, property damage, and mounting bills, while the person who caused the crash is nowhere to be found. At this stage, many people worry about whether they can even bring a personal injury claim. The good news is that there are legal avenues for pursuing compensation, whether the driver is eventually located or remains unidentified.
Why drivers flee the scene
- Lack of insurance coverage
- Fear of legal repercussions (e.g., driving under the influence or lacking a valid license)
- Existing legal problems or outstanding warrants
- Uncertain or panicked state of mind
No matter the reasons, you’re the one left dealing with the fallout of someone else’s negligence. Consulting with a car accident lawyer can allow you to focus on recovery while someone else handles the legal details.
How a lawyer helps with a hit and run case
Many people are concerned about legal fees or about taking on a complex claim. A consultation with a hit and run accident lawyer can help you understand the potential value of your case and the legal steps involved. Even if you’re still unsure whether to file a claim, you might benefit from learning about your rights, especially when dealing with a situation as stressful as a hit and run.
Identifying responsible parties
If the police find the driver, your attorney can seek compensation from their insurance or, if necessary, file a lawsuit. If law enforcement cannot track down the person who left the scene, your own insurance policy may have coverage for hit and run scenarios under uninsured motorist provisions, depending on your policy details. Your lawyer can sort through the coverage options and deal directly with the insurance companies.
Investigating the crash
An attorney can collect and preserve evidence, including police reports, medical records, witness statements, and any available surveillance footage. Having a clear picture of what happened can strengthen a case for negotiations or litigation.
Documenting injuries and losses
Medical bills, missed work, and the emotional toll of an accident can add up quickly. A lawyer can compile these damages as part of your injury claim. This includes past and projected future medical costs, lost wages, pain and suffering, and other ways the crash has impacted your life.
Negotiating with insurers
Insurance adjusters may challenge the severity of your injuries or the circumstances of the crash. A lawyer can handle those communications and work to ensure that compensation reflects the full extent of your losses.
Filing a lawsuit if needed
If negotiations reach a standstill or the at-fault driver refuses to take responsibility, filing a lawsuit might be the next step. In cases where the hit and run driver is unknown, your attorney can pursue compensation from other sources, such as your uninsured motorist coverage, through the court system.
Virginia laws that may apply
Although hit and run laws vary from state to state, Virginia law states that a driver involved in an accident resulting in injury, death, or damage to property must stop and provide personal identifying information. Leaving the scene can lead to criminal charges.
On the civil side, a victim of a hit and run can still file a claim for personal injury or property damage. However, the specifics of your potential claim depend on whether the other driver is identified and whether they have insurance coverage.
Uninsured motorist coverage in Virginia
Virginia requires auto insurers to offer Uninsured Motorist (UM) coverage, typically combined with Underinsured Motorist (UIM) coverage. In a hit and run case where the at-fault driver cannot be identified, your UM coverage can come into play.
If you have this coverage, it may help pay for your medical expenses, lost wages, and other losses you’ve experienced. However, navigating an insurance claim—even your own—can become complicated, and a lawyer can manage the paperwork, negotiations, and deadlines.
Bodily injury coverage
Every Virginia auto policy includes a minimum amount of bodily injury liability coverage. If the hit and run driver is later found, their bodily injury coverage may be a source of recovery. Sometimes, however, the at-fault driver might not carry adequate coverage. This is where your own UM/UIM coverage can fill the gaps.
Property damage coverage
Property damage coverage can help pay for vehicle repairs. In a hit and run case, if the at-fault driver can’t be found, your collision coverage or UM property damage coverage might become relevant. An attorney can coordinate with any insurance adjusters to verify that you receive fair compensation.
The role of insurance investigations
After a hit and run, the police will likely investigate, but your own insurance carrier may also launch an investigation. Insurance companies often have specialized units that review evidence from collision scenes, witness statements, and any available video footage to determine who was at fault.
Insurance adjuster interviews
Adjusters might ask for your account of the events and request medical records or other documentation. They could also speak with law enforcement officers, witnesses, or even consult accident reconstruction specialists if the details are unclear.
Surveillance and social media
Insurance companies sometimes review social media accounts or conduct surveillance to verify the nature of your injuries. It may help to be cautious about what you share online. A simple photo of you walking your dog could be used to argue that your injuries are not as severe as claimed, even if your injuries limit your ability to work or enjoy everyday activities.
Negotiations and settlements
Eventually, the insurance company might offer a settlement. The first offer isn’t always the final one. If an insurance adjuster extends a settlement that doesn’t cover your medical bills, lost wages, and other losses, it’s beneficial to have a lawyer handle negotiations. Having a detailed record of medical treatment and other damages puts you in a better position to request an amount that reflects the true impact of the collision on your life.
Whether the driver is found can impact your claim
A critical distinction in hit and run cases is whether the fleeing driver is identified. If law enforcement locates the driver, you have an easier path to filing a claim against them directly. If the driver remains unknown, you may need to file a claim through your own insurance policy’s uninsured motorist coverage.
If the driver is found
- Claim against the at-fault driver’s insurance: You may pursue compensation for medical bills, lost wages, and pain and suffering directly from their insurance policy.
- Personal lawsuit: If the driver’s insurance is insufficient or if they are uninsured, you might file a personal injury lawsuit against the driver.
- Possibility of additional recovery: Other at-fault parties may exist, such as an employer if the driver was on the job or the owner of the vehicle if someone else was driving it. Identifying all potentially liable parties can open more avenues for compensation.
If the driver is not found
- Uninsured motorist claim: Your own policy might cover your losses. The specifics depend on the coverage you have.
- Potential detective work: Your attorney can collaborate with law enforcement to see if any camera footage or witness leads can help track down the driver.
- Negotiating with your own insurer: Even though it’s your insurance policy, adjusters may still attempt to minimize the payout. You have the right to negotiate or file a lawsuit if you’re not offered adequate compensation.
An attorney can guide you through either scenario. The steps may differ, but the goal remains the same: to help you recover from the financial and emotional burdens of the crash.
How Allen & Allen can support you
For over a century, Allen & Allen has protected the rights of individuals injured through no fault of their own. We understand that each client faces unique challenges, and we’ve built a legacy rooted in compassion, care, and a commitment to pursue justice.
- Legacy of trust: Since 1910, we have served clients in Virginia and beyond.
- Compassionate approach: We recognize that dealing with a serious crash goes beyond physical injuries; it affects every aspect of your life.
- Focused representation: We concentrate on personal injury law, which includes car accidents, truck accidents, motorcycle accidents, and other vehicle-related injuries.
When you work with Allen & Allen, you can rely on a team dedicated to handling the legal details so you can focus on healing. We investigate, negotiate, and—if needed—litigate on your behalf, all while prioritizing your well-being.
Potential compensation in a personal injury claim
A personal injury claim seeks financial recovery for the losses you suffer because of a crash. While no amount of money can truly compensate for physical pain or emotional trauma, a fair settlement or verdict can relieve the financial strain caused by medical bills, lost wages, and related expenses.
Medical expenses
This includes ambulance rides, emergency room visits, hospital stays, surgeries, follow-up care, rehabilitation, and prescription costs. Some injuries require long-term treatment, so any settlement discussions should account for projected future expenses.
Lost income
Missing work due to injuries or treatment can take a toll on your finances. If you’re unable to return to your job or if your ability to work is impacted long-term, lost earning potential might be included in your claim.
Pain and suffering
In Virginia, you can claim damages for pain and suffering, including emotional distress. Factors that may affect this claim range from the severity of your physical pain to how the accident impacts daily life and relationships.
Property damage
Your car may require repairs or replacement, and any other personal property damaged in the crash can also be part of the compensation request.
Other damages
In some instances, you can include costs for home modifications needed due to injuries, transportation to medical appointments, and other out-of-pocket expenses. Your lawyer can assess which damages apply based on your situation.
The statute of limitations in Virginia
Every state imposes a time limit, known as the statute of limitations, within which you must file a personal injury lawsuit. In Virginia, most car accident injury claims must be filed within two years of the date of the accident. If you miss this deadline, you may lose your right to recover any compensation through the court system.
Reaching out to an attorney soon after a crash makes it easier to preserve evidence and witness memories. The attorney can also keep track of deadlines and ensure filings occur on time. Even if you think your injuries might heal quickly, medical complications can sometimes appear later. Preserving your legal options can be beneficial.
Contacting a lawyer soon after a crash
Reaching out sooner rather than later can give you a legal advantage. Time can erode evidence, and witnesses can forget what they saw. The statute of limitations in Virginia places a deadline on taking legal action. If you’re unsure about your options, a quick conversation with a lawyer can offer clarity on your next steps.
Benefits of early legal advice:
- Preserving evidence and witness statements
- Understanding the scope of insurance coverage
- Receiving guidance on medical documentation
- Meeting filing deadlines and avoiding procedural pitfalls
Contacting a lawyer helps ensure that your voice is heard in the process. Instead of handling everything on your own, you gain someone who can manage the legwork and advocate for your best interests.
Reach out to Allen & Allen today
If you or a loved one are dealing with the fallout of a hit and run crash in Virginia or elsewhere, Allen & Allen invites you to reach out. Our attorneys have handled numerous car accident cases, and we treat each new client with the compassion and care they deserve. From day one, we pledge to honor our century-long tradition of placing clients first and upholding the values that have guided our firm since 1910.
To learn more or to schedule a consultation, contact us by phone or through our website. Let us show you what it means when we say, “I am an Allen.” We commit to making your fight our fight, ensuring you are treated fairly by the insurance companies, and working diligently toward obtaining justice on your behalf.
Call our main office in Richmond at 866-388-1307 or contact us online. We offer a free consultation and case evaluation. We’re ready to listen to you today.
