If an accident occurs, and the other driver flees the scene or refuses to exchange information, it is considered a hit-and-run. Your priority should be seeking immediate medical treatment. Once you’ve done that, it’s crucial to consult a seasoned car accident attorney. A dedicated DC hit-and-run car accident lawyer could help determine the cause of your accident and help you seek the compensation you need. We have decades of experience tracking down negligent drivers who flee the scene and can help lead the investigation in your case.
Choosing the right DC hit and run accident attorney, especially for incidents in specific neighborhoods like Northeast Washington or Columbia Heights, is critical to effectively navigating local laws.
An adverse driver may hit and run for several reasons following your DC car accident. The negligent tortfeasor may not have active insurance coverage. They may know they are liable for your injuries if you sue them for damages. Even if they have insurance, they know their insurance rates may increase because they caused an accident. Under D.C. law (§ 50-2201.05c), leaving the scene of an accident without providing information is classified as a misdemeanor, highlighting the importance of informed legal guidance from a DC accident lawyer.
The Section clearly states that not being at fault in a collision is not a defense for not stopping, exchanging information, and performing the other required steps following a crash.
Note that the criminal ramifications are independent of the civil liabilities. Note that a preponderance of the evidence is a lesser burden of proof than beyond a reasonable doubt, which is the criminal standard. Thus, even if a defendant is found “not guilty” under the DC Code, our DC hit and run car accident lawyers may still prove liability by a preponderance of the evidence.
If a tortfeasor hits you and runs where you do not get their insurance information, you may have to file an uninsured motorist claim. You may also have to file such a claim even if you get the insurance information attached to the car if the car is stolen. So, what is the process of filing an uninsured motorist claim? In some ways, it is strikingly similar to filing a claim with a tortfeasor’s insurer. As your DC hit and run car accident lawyer, we send your insurer a letter of representation as we would even if insurance coverage was on the other side. Once we get to the stage of negotiating settlement, we offer proof that there is no insurance coverage for the defendant. Then, we begin negotiating the value of your case with your insurer. This is the standard way to handle an uninsured claim and is a staple of your case. It is absolutely critical.
Insurance companies are in business to earn a profit. They negotiate uninsured motorist claims precisely as they would if they insured the defendant. This is why having a DC hit and run accident lawyer on your side can benefit the value of your case.
The impact hit and run accidents have on insurance claims is that you are stuck with two plausible options. The first is to sue the tortfeasor in his personal capacity. But, a person stealing a car or fleeing the scene of a car accident likely does not have sufficient assets to pay a judgment. The second option is to use your uninsured motorist coverage.
Some clients our DC hit and run car accident lawyers represent worry about the impact of hit and run accidents on their insurance rates. We advise using it when you are in an accident and need uninsured coverage to cover your damages. You pay for insurance for a reason. If a car accident is not your fault, there is no risk in using it when no other coverage is available, like after a hit and run.
The compensation structure available for a hit and run accident victim is similar to that for an accident victim whose tortfeasor did not attempt to flee the scene. The act of fleeing the scene is criminal, but it does have civil implications for the damages you suffer. There may be an argument that the negligent tortfeasor has a duty to call for emergency services if you are unconscious after the accident. If they breach that duty and your injuries are exacerbated, additional liability may exist. But, of course, it would require an expert witness to testify that the act of not getting medical attention sooner led to further damage. This is a challenging yet feasible argument.
An additional element to consider in a hit and run accident where the negligent driver is uninsured is that punitive damages are likely unavailable. Punitive damages act to punish and deter particularly reprehensible behavior. It is something a good DC hit and run car accident lawyer will seek, even if DC law seldom allows for it in the context of a car accident. But, an uninsured claim does not cover punitive damages. An additional nuance is there may be less coverage available. When suing a tortfeasor with insurance, even if their policy does not cover your damages, you can use your own policy’s underinsured motorist coverage. But here, you are left with only an uninsured motorist claim. Although, if you have a more extensive policy, more money may be available.
But beyond the nuances discussed above, compensation does work similarly in a hit and run case. You are still entitled to compensation for medical expenses, lost wages, pain and suffering, and any other reasonable and related damages you incur. If you are still determining whether the damage is compensable, speak with our DC hit and run car accident lawyers today.
Choosing the right DC hit and run car accident lawyer is critical to achieving the best legal representation in Washington. DC hit and run accidents are complex. We have to prove that an accident occurred with another vehicle, yet much of the evidence to do this has fled. You need an experienced attorney on your side. You need a responsive attorney to answer your questions. Third, you need a local attorney.
Our seasoned Washington, D.C. car accident lawyers, adept in hit and run, rear-end accidents, and uninsured motorist claims, understand the nuances of local and federal laws. We are well-versed in the nuances and complexities of District of Columbia accident law. This is essential because this law is distinct from the law in most other jurisdictions in the country. Experience also allows us to handle the insurance company’s insurance specialists skillfully. These individuals excel against laypeople who are unlicensed in law and looking to handle their cases independently.
We are here so you do not face these insurance companies alone. Our experienced negotiators work to maximize your settlement, not jump for the insurer’s first settlement offer. Through our 70 years of experience, we are skilled at evaluating the value of your case.
Responsiveness in a DC hit and run car accident lawyer means a lawyer who is engaged with your case and cares about you and the outcome. When possible, our attorneys respond immediately to clients. Further, when you have a question and reach out to your attorney by text, email, or phone, you will receive a response directly from your attorney. This is different from how many other law firms in DC handle questions. Too frequently, we hear from clients how their questions would be directed to paralegals at their old law firm. Or worse yet, getting a response on their case would take days. We find this unacceptable.
We believe responsive attorneys enhance the client-lawyer relationship. In turn, we can build trust. Trust in a client-lawyer relationship leads to confidence in the attorney, thereby relieving a client’s stress, not to mention revealing vital information to a lawyer that can benefit your case and maximize compensation.
A local DC hit and run car accident lawyer can benefit your case. Whether your accident occurs in Dupont Circle, Adams Morgan, Noma, Shaw, Anacostia, Brookland, or anywhere else in DC, we are acutely familiar with the roads and laws. As local lawyers, we are familiar with the local judicial system, and our office is downtown on Eye Street, NW. We know the area’s judges, court staff, and other legal professionals. If other lawyers are working on your case, whether representing other plaintiffs or the defendant, we likely have experience with them.
In hit-and-run situations, the responsible driver is unknown. Often, those injured in a collision may be able to describe the vehicle or the car’s driver that caused the accident. However, that’s insufficient information to pursue a claim against someone else.
A hit-and-run car crash attorney in DC will need at least a tag or some way to identify the party involved. If the attorney cannot remember the driver, the injured party still has legal options, which are easy to handle. As long as my client or potential client has liability insurance, we can pursue an uninsured motorist claim on their behalf.
There are many reasons why a driver might flee an accident. It is not unusual to have a stolen car involved in a hit-and-run. If the vehicle is stolen, the driver does not want to stop and exchange information and risk involving the police.
Additionally, another reason a person who caused the accident may flee the scene is that they may be under the influence and attempt to escape.
The third reason a driver may leave the scene of an accident is if they have no liability insurance. And the driver may be afraid that they will be personally responsible.
In a hit-and-run accident, with no information on the at-fault party, the case will become an uninsured motorist claim under the claimant or the vehicle policy in which the injured party was a passenger. If an attorney cannot resolve that claim, they are not suing another driver but instead the insurance company for a breach of contract.
Additionally, suppose the injured party is in a vehicle, and an uninsured motorist strikes that vehicle. The attorney will look for tertiary coverage and use the claimant’s automobile policy in that case.
Even though the car may be insured if the driver is unknown, the truck by the uninsured vehicle party has no coverage for that vehicle. The party that is either injured or has sustained property damage on their vehicle is entitled to claim for the damage to their car. They may be eligible to recover compensation for their medical bills, lost wages, pain, and suffering. Additionally, a separate property damage claim would compensate the claimant for the damage done to their vehicle.
Comprehensive compensation strategies for victims of hit and run, including medical bills, rehabilitation costs, and emotional distress, are tailored by skilled Washington, D.C. personal injury attorneys.
Seeking legal help after a hit-and-run car accident in DC is crucial. An attorney can assist a claimant in getting a copy of the police report and running tag checks that may help identify the fleeing motorist. You do not need to handle your car accident case alone. Let the legal team at Gelb & Gelb, P.C. could help. Speak to a DC hit-and-run car accident lawyer about your rights and legal options for compensation.
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