If you or a loved one have been the victim of a hit-and-run accident in Illinois, you may feel overwhelmed and uncertain about what steps to take next. The situation can feel particularly frustrating when the responsible driver is unidentified, leaving you wondering about your options for seeking justice and compensation.
At the Law Office of Jack M. Shapiro, P.C., located in Buffalo Grove, Illinois, we’re committed to helping victims manage the legal process after a hit-and-run accident. Our personal injury law practice focuses on making sure you understand your rights and all available avenues for recovery.
Hit-and-run accidents can be complicated, especially when the responsible driver’s identity is unknown. However, there are several legal options available for victims of these accidents. We’ll walk you through what you need to know and explore how you can seek compensation for your injuries and damages, even if the driver involved remains unidentified.
What Is a Hit-and-Run Accident?
A hit-and-run accident occurs when a driver collides with another vehicle or a pedestrian and leaves the scene without providing their contact information or assisting the injured party. This type of accident is a criminal offense in Illinois and can have serious legal consequences for the driver involved if identified.
Unfortunately, if the responsible party isn’t found, victims are left wondering how they can recover damages.
When the driver is unknown, victims are still able to explore several legal options. These may include seeking compensation from their own insurance company, using the Illinois Crime Victim Compensation Fund, or taking legal action against other responsible parties if applicable.
Options for Recovering Damages in Hit-and-Run Accidents
In Illinois, even if the driver who caused the accident isn’t identified, there are still ways to recover compensation for your medical bills, property damage, lost wages, and pain and suffering. Let’s go over some of the most common options available.
Uninsured Motorist Coverage (UM) and Underinsured Motorist Coverage (UIM)
Uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage are types of auto insurance that provide protection in situations where the at-fault driver is either uninsured or doesn’t have enough insurance to cover the damages. These types of coverage apply when you’re involved in a hit-and-run accident.
Uninsured motorist coverage: This covers your expenses if the driver who caused the accident is uninsured or flees the scene without providing their contact information.
Underinsured motorist coverage: This comes into play if the responsible driver has insurance, but it’s insufficient to cover the full extent of your damages.
If you have UM or UIM coverage as part of your own car insurance policy, it’s possible to file a claim with your insurance provider to recover compensation. These claims are typically handled as personal injury claims, and your insurance company will work with you to investigate the accident and determine liability.
Illinois Crime Victim Compensation Fund
If the driver isn’t identified and you’re unable to recover damages from your insurance policy, you may be eligible to apply for compensation through the Illinois Crime Victim Compensation Fund. This fund is designed to help victims of violent crimes, including hit-and-run accidents, cover certain costs associated with their injuries.
The fund can provide compensation for:
Medical expenses: This can include hospitalization, surgeries, and long-term care.
Lost wages: If your injuries have prevented you from working, you may be eligible for compensation for your lost income.
Funeral expenses: If the accident resulted in a fatality, the fund can help cover funeral costs.
Mental health counseling: Victims who are affected emotionally by the incident may also qualify for therapy or counseling expenses.
To apply for this fund, you must meet certain eligibility criteria, and the application process can be somewhat involved. An attorney can help guide you through this process and make sure that you understand your options.
Filing a Lawsuit Against the At-Fault Driver (If Identified)
In some hit-and-run cases, the responsible driver is eventually identified. Once the driver is located, victims may choose to file a lawsuit for personal injury damages. The lawsuit can seek compensation for:
Medical bills
Property damage
Pain and suffering
Lost wages
A lawsuit may involve criminal charges against the driver, and victims of the accident may pursue civil claims as well. It’s important to note that if the at-fault driver is identified, there may also be a criminal case against them for leaving the scene of an accident, in addition to any civil claims for damages.
Third-Party Liability Claims
In some cases, other parties may be partially responsible for the hit-and-run accident. For example, a property owner may have failed to maintain a safe road, or a government agency might have neglected to provide proper signage or lighting in an area with a history of accidents. If another party's negligence contributed to the accident, it may be possible to file a third-party liability claim.
This can be particularly useful in cases where the driver can’t be identified. For example, if you were struck by a hit-and-run driver who was speeding due to poorly designed or maintained roads, the entity responsible for the road’s maintenance could be held liable for your damages. Next, we’ll discuss the common legal challenges that can arise in these cases.
Compensation Through MedPay or Personal Injury Protection
Some insurance policies include Medical Payments (MedPay) or Personal Injury Protection (PIP) coverage, which can help with medical costs regardless of fault. This type of coverage can be especially helpful in hit-and-run accidents where the responsible driver is unknown.
MedPay typically covers hospital bills, ambulance fees, and rehabilitation costs up to the policy limit. PIP, on the other hand, may also cover lost wages and other related expenses. Unlike liability coverage, these benefits don’t require proving another party’s fault, making them an important resource for victims.
If you have MedPay or PIP coverage, filing a claim quickly can help you manage medical expenses while pursuing other legal options for further compensation.
Common Legal Challenges in Hit-and-Run Cases
While there are various options for recovering damages, it’s important to understand the challenges that can arise in hit-and-run cases, especially when the at-fault driver is unidentified. Some of the most common obstacles include:
Difficulty finding the responsible driver: In many cases, the driver may never be identified. While police and insurance companies often work hard to locate the driver, it’s not always possible.
Disputes over insurance coverage: If you’re relying on your own insurance company to cover damages through UM or UIM coverage, there may be disputes over the amount of compensation you’re entitled to. Insurance companies may try to minimize your settlement offer.
Limited compensation through the Crime Victim Compensation Fund: While the Illinois Crime Victim Compensation Fund can help with medical bills and other expenses, the amount of compensation available may not fully cover your losses, especially if you have significant medical needs.
Despite these challenges, victims of hit-and-run accidents still have legal recourse. Working with an experienced personal injury attorney can help you overcome these obstacles and recover the damages you’re entitled to. Finally, we’ll explore how an attorney from our firm can assist with your claim.
Contact Us Today
If you’ve been the victim of a hit-and-run accident in Illinois, we're here to help at the Law Office of Jack M. Shapiro, P.C. in Buffalo Grove, Illinois. We serve the areas of Arlington Heights, DuPage County, Lake County, Mount Prospect, Palatine, Vernon Hills, Mundelein, Cook County, Hoffman Estates, McHenry County, Northbrook, Schaumburg, and Wheeling. Reach out to us today to discuss your case and legal options with our experienced personal injury attorney.
