Ever been the victim of a hit-and-run? If your body or your car is damaged, it’s stressful enough. And when someone causes that injury but is dishonest and flees the scene, it’s even more infuriating. Virginia still provides a pathway to civil recovery, if your lawyer knows how to pursue it.
Our firm recently represented the victim of a hit-and-run car wreck in Roanoke City. The unknown driver of a car hit our client while he was riding an electric bicycle in Roanoke City. Our client had the right-of-way and all his lights turned on, but the “John Doe” driver ran a stop sign and hit our client anyway. Instead of waiting until law enforcement arrived like a responsible citizen, he fled the scene.
Law enforcement responded and investigated the collision, but was unable to identify the driver. The collision occurred at night and there were no witnesses other than our client (and the cowardly, unknown driver). A security camera captured the incident, but not the vehicle’s license plate.
Once the client retained us, we immediately got to work and obtained available information from law enforcement regarding the facts and circumstances of the crash. We got our client’s medical and billing records and notified our client’s own auto insurance carrier of the claim. While we were unable to identify the driver of the vehicle who hit our client, Virginia law permits an injured plaintiff to sue a “John Doe” if necessary. In such a case, the plaintiff’s own auto insurance company must afford an equal amount of what is called “uninsured motorist” (UM) coverage.
This UM coverage applies to guarantee that each driver who purchases auto insurance to protect others is also protecting himself to the same degree, if injured in a crash caused by the negligence of someone else. When someone negligently injures you with a car and has no insurance—or when that person is unknown—then that UM coverage kicks in. If you have bought auto insurance for yourself, then you have UM coverage under Virginia law, in the same amount. Put simply, this insurance exists to protect you in situations where an irresponsible driver doesn’t have insurance or runs from the scene to avoid taking responsibility for his actions.
And, even though our client was on a bicycle that was not itself a car covered by his auto insurance, the UM coverage applied to the collision because an automobile was involved.
So, we made a claim with our client’s insurance carrier under the underinsured motorist provision of his auto policy.
Our client’s injuries were extensive – several of his ribs were broken, he remained at a hospital for five days, he had follow-up care and treatment for six months and he incurred over $40,000 in medical expenses to treat his injuries. Not long after our client finished treating, we were able to obtain a settlement for the full amount of our client’s policy limits.
By the way, making a UM claim against your own insurer should not raise your premiums! The reason is that insurers are supposed to base their rates—and rate increases—on your riskiness as a driver. If you are involved in a crash for which you are not at fault, then the insurance company should not raise your rates for claiming the coverage on your own policy. So, don’t hesitate to make a claim for someone else’s negligence if they disappear or have no insurance. That’s why you pay for that UM coverage in the first place.
So, if you are involved in a hit-and-run, do not despair. If you are responsible and insure yourself against liability to others, that coverage provides you protection against irresponsible and negligent drivers in the same amount.
Call us if you have questions!
We cannot promise similar results in all cases. We litigate such cases throughout Virginia, including in Roanoke City and County, Montgomery County (Christiansburg, Blacksburg), Lynchburg, Abingdon, Martinsville, Rocky Mount, Wytheville, Bedford, Covington, Harrisonburg, Richmond, Charlottesville, Lexington, or Staunton. We practice in rural areas like Bath County, Campbell County, Giles County, Craig County, Smyth County, Alleghany County, Pulaski County, Franklin County, Campbell County, Carroll County, Patrick County, Floyd County, Stuart County, Pittsylvania County, Henry County, and Wythe County. We also litigate in Virginia federal courts, including those divisions in Roanoke, Abingdon, Danville, Harrisonburg, Charlottesville, Alexandria, and Richmond.