Can an Injured Pedestrian Recover Against a Hit and Run Driver?

Personal Injury

Most car accident cases involve two cars hitting into each other. And any ensuing personal injury actions typically involve insurance companies paying in part or in full for the corresponding damage.

But what happens if the injured victim is a pedestrian and not another car?

And, making the scenario even worse, what happens if the driver who hits the pedestrian takes off?

In other words, can an injured pedestrian recover for his or her damages against a hit and run driver?

The answer is…

Possibly.

Hit and Run Accidents

Obviously, the problem with a hit and run accident is that the driver (in this case of the vehicle that hit the pedestrian) cannot be found. So there is no at-fault driver’s insurance against which the pedestrian can make a claim.

And complicating matters, is the fact that the accident involves a pedestrian and not another car. So, there is no uninsured motorist insurance to make a claim against.

Or is there?

It might be possible to make a claim if, and only if, the pedestrian/victim happens to own a car and has his own uninsured motorist coverage.

In that case, the victim might be able to recover for his or her injuries under his/her uninsured motorist policy.

BUT…

It will require corroborating evidence to prove that the accident occurred. In other words, the injured pedestrian will need to provide proof that he or she was hit by a car. This may be by providing physical evidence (detritus from the car like a bumper) or eyewitness accounts, etc.

At any rate, the first thing to do is to report the incident to your (i.e., the pedestrian’s) insurance company in writing “as soon as practicable.” Failure to do so may prevent you from being able to recover if indeed, such insurance is available to you.

Personal injury cases are difficult and must be handled correctly to ensure the best possible outcome, so if you have been injured, be sure to consult with experienced personal injury counsel.

Personal Injury Attorneys in Cumming, Georgia.

The personal injury attorneys at the Law Offices of Mark Weinstein, P.C., are here to help you. We serve clients in Atlanta, and in several counties throughout Georgia, including: Clayton County, Cobb County, Dekalb County, Douglas County, Fulton County, and Paulding County, among others. To find out how we can help you, call us at: 770-888-7707. Or contact us here.

 

 

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