If the driver has left the scene of your motorcycle accident, it may complicate your attempts to obtain full financial compensation for your injuries. However, the fact that there is no responsible driver that can be tracked down does not mean that you will come away empty-handed.
Your own uninsured motorist coverage can pay you compensation for your motorcycle injuries after a hit and run crash. You should contact an experienced motorcycle accident attorney, both to help track down the responsible driver and to represent you during the claims process. Call Horton & Mendez Injury Attorneys to begin your case against a driver who left the scene.
What to Do After a Motorcycle Hit and Run Accident
If you have been a victim of a hit and run motorcycle accident, the absolute first thing that you must do is report the accident to the police. If a crash victim is not in a condition to call the police, someone else should do so from the scene. You will need the police report that shows there was a hit and run accident. Your insurance company would most likely require it before they even start to process your claim.
You will also need to report the accident to your own insurance company. They will be heavily involved in your claim, since they may be the ones liable for paying your damages.
In the days after the accident, you need to do the following:
Continue to tend to your health
Most motorcycle accidents will result in injuries. If you were discharged from the hospital, you should follow up on all your medical appointments and take all your medications. You must continue to be vigilant because the insurance company is watching.
Hire an experienced motorcycle accident attorney
no matter which insurance company you are dealing with, you will face obstacles placed between you and full compensation for your motorcycle accident injury. You do not want to be dealing with the insurance company when you are already injured. You do not have the skill or the bandwidth to immerse yourself in the legal process. When you hand your case over to an experienced motorcycle accident attorney, they will begin an immediate investigation. You will not need to take on the stress of a motorcycle accident claim.
North Carolina Hit and Run Laws
In every car accident case, drivers must stop at the scene, whether there is damage to the car or physical injuries. The motorists involved need to stop and exchange information.
Hit and runs are treated as a criminal offense in North Carolina. In most cases, they would be charged as a felony, meaning that there is a very high probability that the driver would face jail time.
The minimum is that the driver would be charged with a misdemeanor (when there is only property damage). If there are any physical injuries, the driver would be charged with a felony.
In most motorcycle accident cases, felony charges would be involved since there are almost always physical injuries.
How to Seek Compensation for Your Injuries After a Hit and Run
If you cannot locate the hit and run driver, you need to file a claim against your own insurance policy. Uninsured motorist coverage is included with your policy (underinsured motorist coverage is an optional add-on).
Hopefully, you purchased more than the minimum amount of coverage with your policy because motorcycle accident claims are often worth far more than the minimum in coverage. Then, your own insurance company would become the source of compensation in place of the responsible driver, and they would be the one who writes you the check.
Your own insurance company is not going to be any easier to deal with than that of the other driver. You still need to prove fault in a hit and run motorcycle accident case. While it may seem incomprehensible, your own insurance company could deny your claim if they do not believe you have presented adequate evidence of liability.
Securing adequate compensation in your claim is paramount. You may need to negotiate extensively with your own insurance company for them to pay you what you deserve. You always have the option of filing a lawsuit if your insurance company does not make you an adequate offer.
How Your Attorney Can Help Locate the Responsible Driver
In the meantime, both your attorney and the police will conduct an investigation to find the responsible driver. Your attorney may conduct an even more extensive investigation because the police may be dealing with other more pressing matters.
Your attorney could do the following to try to find the responsible driver:
- Interview witnesses who may be able to provide more extensive information about the driver
- Review video camera footage that may have captured the driver
- Check with local repair shops if they have worked on a car matching the description of the one involved
- Run a search with the DMV for cars with similar license plates
- Any debris or paint marks from the car involved
If you are able to locate the driver that was involved with the crash, your primary claim shifts to being against their policy. You may still file a claim against your own policy if they did not have enough coverage and you purchased underinsured motorist coverage.
If your insurance policy has already paid out your claim, your insurance company would be paid back by the driver’s insurance policy. You may be able to file an additional claim if your own uninsured motorist coverage was not enough to pay for your injuries.
Contact a Wilmington Motorcycle Accident Attorney Today
Motorcycle accidents generally tend to result in higher compensation because you have been more seriously injured. For that reason, you need diligent representation from an aggressive attorney who will work to maximize the value of your claim.
When you need legal help, consider the knowledgeable lawyers at Horton & Mendez Injury Attorneys. We know how insurance companies work because we used to work for them.
You can schedule a free consultation with one of our attorneys by messaging us through our website or by calling us today at 910-405-7751. You do not need to pay us anything unless you receive compensation in connection with your motorcycle accident.
