Who Is At Fault In A Hit And Run Accident?

hit and run accident

If you’ve been injured in a hit and run car accident, you might wonder how you can prove that you weren’t at fault. Indeed, you don’t have any of the typical information that is available after a collision, such as the identity of the at fault driver, the at fault driver’s insurance information, photos of the damage to the at fault driver’s vehicle, or statements from the at fault driver. Although hit and run cases are more challenging than typical car accident cases where the parties exchange information, they can be won.

If you’ve been injured by a hit and run driver, you should contact an Atlanta car accident lawyer. The lawyers at Allen & Scofield Injury Lawyers, LLC will investigate the crash in an attempt to determine the identity of the at fault driver. Even if the at fault driver cannot be found, we can still help you pursue an insurance claim against your own uninsured motorist insurance carrier.

Call us today at (404) 419-6674, or reach out through our online contact form to schedule a free, initial evaluation of your case.

How To Prove You Weren’t At Fault

If you’ve been hit by a motorist that fled the collision scene and there weren’t any collision scene witnesses, you might wonder how you can prove to the insurance company that you weren’t at fault. Perhaps, you think that calling the police would be futile. Don’t make that mistake.

You should always call the police. The police officer will investigate the collision scene and prepare a report that documents how the collision occurred. The report will identify you, your vehicle, your description of the collision, and whether any of the occupants in your vehicle were injured, among other information. If you were able to identify the make and model of the vehicle that caused the collision, or the vehicle’s license plate number, the police officer can use that information to try and track down the at fault driver.

The police officer will also document where the property damage is located on your vehicle. If, for instance, the damage is located primarily on the rear-end of your vehicle, the insurance adjuster should understand that there is a high likelihood that the other driver was at fault because rear-end collisions are caused by the rear vehicle almost 100% of the time. Thus, the police officer’s investigation report might be sufficient to prove your claim even if the identity of the hit and run is unknown.

How An Atlanta Car Accident Attorney Can Help You

Auto insurance companies frequently deny hit and run claims – even when the at fault driver is known. For instance, more often than not, the hit and run driver makes up a story that goes something like this: “I own the car, but I wasn’t the one driving it … the driver also didn’t have my permission to drive my car.” As ridiculous as that excuse is, the insurance company will typically offer you a low ball settlement or deny the claim until you prove with certainty that the owner of the vehicle was driving it, or that the driver was using the vehicle with the owner’s permission.

If that’s the case, you typically need to file a personal injury lawsuit so that you can take depositions of the vehicle owner and the vehicle driver. Even if the vehicle owner still denies that the driver had permission, there are still other ways that you can prove the driver had permission. For instance, if the two individuals were members of the same household, they are almost always covered by the same auto insurance policy so long as the driver wasn’t excluded from the policy.

The attorneys at Allen & Scofield Injury Lawyers, LLC have experience getting favorable car accident settlements for clients, and have recovered tens of millions of dollars in cases that were disputed by the insurance company, including a $16 million dollar jury verdict in 2016. If the insurance company denies your claim, or refuses to pay you what you deserve, we will be glad to take them to court to hold them accountable.

Call us today at (404) 419-6674, or reach out through our online contact form to schedule a free, initial evaluation of your case.



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