To receive compensation in a hit-and-run accident case, you must prove the other driver’s negligence and, in many cases, locate the at-fault driver. Unlike other car accidents where both drivers remain at the scene, hit-and-run accidents often rely heavily on evidence such as police reports, surveillance footage, and witness testimonies.
When the at-fault driver cannot be identified, compensation may require litigation with your insurance company to receive compensation under your uninsured motorist coverage.
Further complicating matters, under North Carolina law, if you are found even 1% at fault for the accident, you may be barred from recovering any compensation—even if the hit-and-run driver was entirely at fault. This strict contributory negligence rule highlights the importance of building a strong case and countering any attempts to shift blame onto you.
In North Carolina in particular, it is crucial to hire an experienced hit-and-run accident lawyer to prove your case and negotiate on your behalf against insurers who may try to deny your claim or minimize your compensation.
This guide provides an in-depth look at hit-and-run accidents, including the steps you should take, the legal implications in North Carolina, and how an attorney can help you navigate this challenging process.
Why It’s Urgent to Hire a Lawyer for Hit-and-Run Accidents
Hit-and-run cases present unique legal and insurance challenges. Identifying the responsible driver or securing compensation through your own insurance policy often requires extensive evidence and legal expertise. Acting quickly and hiring an experienced attorney is crucial to protect your rights and maximize your compensation.
An experienced attorney can:
- Gather Evidence: Collect police reports, surveillance footage, and witness statements to build a compelling case.
- Handle Insurance Companies: Insurers may attempt to deny or minimize your claim, even under uninsured motorist (UM) policies. A lawyer will advocate on your behalf, ensuring your rights are protected.
- Explore Coverage Options: Review your policy to identify all potential sources of compensation, including UM/UIM coverage and optional collision coverage.
North Carolina’s contributory negligence rule adds another layer of complexity. This rule allows insurers to deny compensation if they can prove you share even a small portion of fault for the accident.
If successful, this tactic could completely bar you from recovering damages, no matter how severe your injuries or losses.
Compensation for Hit-and-Run Accidents
If you’ve been involved in a hit-and-run accident, you may be entitled to recover compensation for the losses you’ve suffered. These losses typically fall into several categories:
- Medical Expenses: This includes immediate costs such as emergency care and hospital stays, as well as long-term expenses like surgeries, physical therapy, rehabilitation, and medications required for your recovery. Even ongoing treatments for chronic injuries related to the accident can be covered.
- Lost Wages: If your injuries prevent you from working, you may be compensated for the income you’ve lost during your recovery period. This can include lost earnings, missed promotions, or even reduced earning capacity if your injuries limit your ability to work in the future.
- Pain and Suffering: Compensation for pain and suffering is intended to address the physical pain, emotional distress, and overall reduction in quality of life caused by the accident. For example, this can include anxiety, depression, or loss of enjoyment in activities you once loved.
- Property Damage: If your vehicle or other personal property was damaged or destroyed in the accident, you can seek reimbursement for repair or replacement costs.
If the at-fault driver is identified, their liability insurance should cover these damages. However, if the driver is uninsured or remains unidentified—common in hit-and-run cases—your own uninsured motorist (UM) or underinsured motorist (UIM) coverage may step in to provide the compensation you need.
The Legal Side of Hit-and-Run Accidents
Navigating the legal complexities of hit-and-run accidents can be daunting, especially in North Carolina, where the contributory negligence rule can make recovering compensation particularly challenging.
Under this rule, if you are found even 1% at fault for the accident, you may be barred from recovering compensation entirely. Insurance companies are well aware of this rule and often attempt to exploit it, arguing that your actions contributed to the accident—even when the other driver fled the scene.
For example, an insurer might claim that you could have avoided the accident by braking sooner or paying more attention. These arguments, if successful, can drastically reduce or eliminate your ability to recover damages.
A skilled attorney can counter these claims by gathering and presenting compelling evidence, such as police reports, medical records, and witness testimonies, to demonstrate that the hit-and-run driver’s negligence was the primary cause of the accident.
In addition to addressing contributory negligence claims, navigating uninsured/underinsured motorist (UM/UIM)claims and stacking options is often complex. Insurance companies may try to reduce payouts or deny claims altogether, leaving you without the compensation you deserve. An experienced attorney can:
- Examine Your Policy: Identify all available coverage, including UM/UIM benefits and stacking options, to ensure you maximize your compensation.
- Negotiate with Insurers: Advocate for the full amount you’re entitled to, countering attempts by insurers to undervalue or deny your claim.
- Build a Strong Case: Handle every aspect of the legal process, from gathering evidence to filing paperwork, ensuring you can focus on recovery rather than legal battles.
By hiring a skilled attorney promptly, you can counter contributory negligence claims, gather critical evidence, and secure the best possible outcome for your case.
A knowledgeable lawyer will work tirelessly to ensure that the blame is placed where it belongs—on the hit-and-run driver—and that your rights are fully protected.
How Auger and Auger Can Help
At Auger and Auger, we have over 30 years of experience helping hit-and-run victims in Charlotte and across North Carolina. Our team understands the complexities of these cases and is dedicated to securing the compensation you deserve.
We will:
- Conduct a thorough investigation of your accident.
- Gather critical evidence to build a strong case.
- Handle all communication and negotiation with insurance companies.
- Explore every available coverage option to maximize your compensation.
With our Zero Fee Guarantee, you pay nothing unless we win your case.
Contact Auger and Auger Today
Hit-and-run accidents can leave victims feeling overwhelmed and uncertain about their next steps. At Auger and Auger, we are here to help. Contact us today for a free consultation, and let us guide you through the process of pursuing justice and compensation.
Together, we’ll work to hold negligent drivers accountable and help you move forward with confidence.
