Hit and run accidents can be scary. One moment you are driving to work, and the next you are injured on the side of the road. Whether or not you can sue after the accident depends on whether we can locate the other driver.
Starting a lawsuit after a hit and run is not easy, mostly because it might be difficult to find the other driver. We must have the other driver’s name and insurance information to file an insurance claim, let alone a lawsuit. You should immediately call the police to report the accident. The sooner they find the other driver, the sooner you may file a lawsuit, and the more likely we are to gather evidence before it is lost.
Get a private case review for free from our Maryland car accident lawyers by calling Rice Law at (410) 694-7291.
How to Begin a Lawsuit After a Hit and Run Accident in Maryland
Starting a lawsuit is never easy, but it can be especially challenging when dealing with a hit and run car accident. With help from a lawyer, and by taking the following steps, you can locate and sue the driver responsible for your accident.
Report the Accident Immediately
First, you should call 911 and report the hit and run accident immediately. If you need an ambulance or assistance, the 911 dispatcher should send someone. Also, they should contact the police to report the accident so they can begin searching for the other driver immediately.
In many cases, injured victims may provide a few details about the other driver, such as the make and model of their car or a partial license plate number, and the police may find them while they are still on the road.
Locate the Other Driver
It may be very difficult, if not impossible, to sue for a hit and run accident if we cannot find the other driver. This is perhaps the biggest hurdle that injured victims face in these kinds of cases.
We need information about the other driver in order to sue them and serve notice of the lawsuit. Their name, address, and perhaps a bit more identifying details are necessary to sue them.
Evaluate Your Damages
While we wait for the police to find the other driver, we can start assessing your losses and damages. When our Maryland car accident attorneys file your case in court, we must have a full accounting of your damages. If anything is left out, it may be difficult to add it to the case later, and you might lose compensation.
How to Get Compensation While Searching for a Hit and Run Driver
You may have several options for compensation after a hit and run accident, including insurance claims. If we have trouble finding the other driver, you may consider filing a first-party claim with your own insurance.
Uninsured and Underinsured Motorist Coverage
If the other driver is currently unknown, you may need to turn to your uninsured or underinsured motorist coverage. Such coverage is mandatory for all drivers in Maryland, and it must at least match, if not exceed, your liability coverage.
Uninsured motorist coverage may kick in when the at-fault driver in your accident is not insured, or they fled the scene before you could get their information to file an insurance claim.
Underinsured motorist coverage may help if the other driver has insurance, but it is not enough to completely cover your damages. This coverage may help you fill in the gaps to get the full extent of your damages paid for.
Personal Injury Protection Coverage
Some states are “no-fault states” where injured drivers may file first-party insurance claims without having to prove who caused the accident. Maryland is not one of these states. However, Maryland law requires insurers to offer no-fault coverage within the state.
If you have no-fault insurance, also called personal injury protection (PIP), you may file a claim with this coverage if you cannot locate the other driver.
MedPay Coverage
Making ends meet after a hit and run can be difficult, and insurance may be tricky to navigate. If you have MedPay, you may get help paying medical bills after an accident, even if you cannot find the other driver in a hit and run.
FAQs About Getting Fair Compensation After a Hit and Run Accident
Can You Sue for a Hit and Run in Maryland?
Yes. You may sue for a hit and run accident, but you must find the other driver and identify them first. Without the other driver’s name and some personal information, it is not possible to properly identify them for a lawsuit. Call the police immediately so that they can investigate and find the other driver.
What Do You Do if You Cannot Find the Other Driver After a Hit and Run?
If you cannot find the other drive, talk to your attorney about what happens next. Generally, Maryland law allows injured drivers 3 years from the date of the accident to file a lawsuit. However, if we cannot find the other driver after a hit and run, we may pause this limitation period for as long as the other driver remains missing.
Can You File an Insurance Claim After a Hit and Run Accident?
Yes. While it may be difficult to file a claim against the other driver’s insurance after a hit and run, you may file first-party claims with your own insurance, depending on what kind of coverage you have. You may file with your uninsured or underinsured motorist coverage, your PIP coverage, or MedPay.
Can You Sue for a Hit and Run if You Are Partially Responsible for the Accident?
No. Maryland is one of a few states that enforces a pure contributory negligence rule. If a driver is even slightly responsible for a car accident, they are barred from filing a lawsuit for damages.
Speak to Our Maryland Car Accident Lawyers for Legal Help
Get a private case review for free from our Baltimore car accident lawyers by calling Rice Law at (410) 694-7291.