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Can a Driver in Inniswold File an Insurance Claim After a Hit-and-Run Accident?


— January 28, 2022

After the accident is reported, the police will take a report and try to investigate. A vehicle description may help, although there is no guarantee that the driver will ever be found.


Even though it is illegal to do so, some drivers cause accidents and immediately leave the scene. They can face criminal penalties and other consequences if they are caught, but not all hit-and-run drivers are found. This puts victims of hit-and-run accidents in a difficult situation if they need to make an insurance claim and find other ways to be compensated for their injuries. All accident victims can meet with an attorney to get advice that is specific to their situation. 

The insurance claim process

Drivers should always notify their insurance company after the accident. This will start the claim process and create a formal record of the crash. The terms of insurance policies also require the driver to tell them about any crash, otherwise they may drop the driver’s coverage for failing to report. It is possible that the driver has paid for special types of coverage that may apply to situations such as hit-and-run accidents, or those where the driver responsible for a crash does not have their own insurance coverage. 

Criminal investigations

After the accident is reported, the police will take a report and try to investigate. A vehicle description may help, although there is no guarantee that the driver will ever be found. Leaving the scene of an accident is a crime and it will result in prosecution by the government if the driver is located. The cases for a civil lawsuit against the driver, any insurance claims, and criminal charges will all be handled separately. Whether the driver is convicted or not does not affect civil cases or insurance claims against them.

Black and white shot of investigator's office; image by Michelle Ding, via Unsplash.com.
Black and white shot of investigator’s office; image by Michelle Ding, via Unsplash.com.

Lawsuits against a negligent driver

If the insurance claim process does not pay the victim enough, they can try to bring a negligence case in civil court. A negligence case will allege that the defendant did not meet the required standard of care on the roads and caused various losses to the plaintiff. The benefit of this course of action is that the amount that may be paid through a personal injury settlement should be large enough to cover the victim’s medical bills, lost income, property damage, or any other losses caused by the defendant driver. The fact that the driver left the scene may also give the plaintiff additional relevant evidence of negligence. 

More information from an accident attorney in Louisiana

Miller, Hampton, and Hilgendorf is an injury firm that is available to help clients in Inniswold and other parts of Louisiana. Anyone who needs advice from a local licensed attorney can get in touch with the firm to learn more.

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