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Hit and Run
Accident
Personal Injury
Case Study
In this example dealing with a hit and run
accident, a woman is injured after a driver T-boned her car in an
intersection. The driver fled the scene and the woman was unable to get
his license plate number. We'll discuss specifics of the auto accident,
liability,
injuries,
negotiations, and the final case resolution.
The Accident...
Jennifer was driving her vehicle, a brand new compact car on a clear
day without any driving obstructions. She came to a 4-way
intersection in a residential neighborhood and stopped briefly and
legally at the stop sign.
As she
proceeded through the intersection, a large, white pick-up truck
barreled through the intersection and T-boned her on her passenger side.
The impact pushed her car across the street and into a light
pole. Both automobiles came to a skidding stop, however the
white-pick up truck fled the scene immediately.
Due to the sound of the collision, several residents of the
neighborhood came outside to see what had occurred. Someone called
9-1-1 and within minutes an ambulance, fire truck and the police were
on the scene.
Liability...
Jennifer was
observing the rules of the road and had come to a complete
stop at the intersection. When she lawfully proceeded forward,
she was struck by the truck who then fled the scene.
In this hit and run accident, the driver of the truck was liable for:
(1)
Failure to yield the right of way;
(2)
Failure to come to a complete stop at the intersection; and
(3)
FELONY hit and run (raised to a felony because Jennifer was
injured).
Injuries...
Jennifer was properly seat belted, however the collision caused her
head and body to jerk violently within the vehicle causing whiplash, sciatica and three
bulging discs. These injuries led to further
complications such as tingling and numbing in the legs, severe
migraines, lower back and shoulder pain and an inability to sit at her
desk job as a travel agent for extended periods of time.
Jennifer was taken by ambulance
to the emergency room where she received x-rays and emergency room
treatment. Thereafter, she went to her primary care doctor who
sent her for an MRI and referred her to a chiropractor and therapist
for additional care.
Jennifer missed several hours of work per week to receive chiropractic
care for over 4 months. She also had to purchase an
ergonomically correct chair, keyboard and back support in order to sit
for periods of up to 2 hours at work.
Negotiations...
Unfortunately, the
police were not able to track down the driver
of the
pick-up. Jennifer was stunned in the minutes following the hit and
run accident and she was unable to observe much identifying
information. All she could tell them was that the truck was white and
looked to be an older model. She knew nothing of the driver’s
description, the license plate number or any other identifiable
characteristics.
Therefore, there was no other insurance company against which to submit
a personal injury claim. Jennifer
was required to submit her claim to her own insurance policy under her
"UIM" or Un-Insured Motorist provision.
This
allowed her to use her own insurance to pay for her extensive medical
bills ($8,400), her wage loss claim ($1,500) and the purchase of
ergonomic items for work ($900). She also had to submit a
property damage claim for $19,000 sincer her Kia was totaled.
Because this hit and run accident was also considered a crime, Jennifer submitted a claim to
the Victims Compensation Fund in her state. She received the $10,000
maximum allowed and was able to pay for the additional treatment she
needed.
Final
Settlement...
Jennifer had been a long time customer of her insurance company
and was able to settle her UIM claim for $34,000 with little back and
forth negotiating. In addition, she received the Victims Compensation
money allowed in her state.
Important
Points...
- If you are hit by an under-insured or uninsured
motorist, you can use your OWN insurance company provided you have
applied for UIM coverage.
- Sometimes submitting a claim to your own
insurance company will increase your rates.
- If you have been the victim of a crime, many
states have Victims Compensation Funds, particularly in California
where the constitution has been amended to include many new and
enumerated rights for victims.
Return
from Hit and Run Accident
to
Auto Accident Claims
Return
from Hit and Run Accident
to Personal
Injury Claims
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