Choosing the right DC hit and run car accident attorney, especially for incidents in specific neighborhoods like Northeast Washington or Columbia Heights, is critical to effectively navigating local laws. A hit and run accident can be problematic because there is nobody to sue. Especially if you handle your case alone, you will be in serious trouble because you may struggle to track down the driver. Our team has decades of experience using traffic footage, police reports, and witness testimony to track down the fleeing vehicle. And if we come up short, there are still parties to sue, however you generally require insurance. If your insurer fails to cooperate in making a fair offer for your injuries, we will sue them for breach of contract. This action behaves like any other car accident case and is routine at Gelb & Gelb.
An adverse driver may hit and run for several reasons following your DC car accident. The negligent tortfeasor may not have active insurance coverage. This makes them personally liable for your injuries when you sue them for damages. Even if they have insurance, they know their insurance rates will likely 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 hit and run car 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. Therefore, our DC hit and run car accident lawyers advise that you always stop to exchange information after a crash. Not only does this benefit you if you are not at fault, but you avoid criminal penalties.
Note that the criminal ramifications are independent of the civil liabilities. 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 “not guilty” under the DC Code, our DC hit and run car accident lawyers may still prove liability by a preponderance of the evidence.
You have to file an uninsured motorist claim (UM claim) in two instances.
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, our DC hit and run car accident lawyers 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 true despite you being their client. 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.
A DC hit-and-run car accident lawyer follows the same compensation structure as cases where the at-fault driver stayed. Fleeing the scene is criminal but has civil implications for your damages. The negligent tortfeasor may have a duty to call emergency services if you are unconscious after the accident. Additional liability may exist if they breach that duty, aggravating your injuries. 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.
In a hit-and-run with an uninsured driver, 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. If DC law does allow for punitive damages, an uninsured claim nonetheless does not include them. 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.
Beyond the nuances discussed above, valuing your hit and run case is similar to valuing any other car accident case. You still have the right to compensation for medical expenses, lost wages, pain and suffering, and other related damages. Still wondering if 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 in 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 is no longer available. 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 understand 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 looking to handle their cases independently.
Our DC hit and run car accident lawyers are here, so you do not face these insurance companies alone. Our experienced negotiators work to maximize your settlement and not jump at the insurer’s first settlement offer. Through our 70 years of experience, we are skilled at evaluating the value of your case.
Responsiveness from 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 from clients. Clients often tell us their previous law firm would direct their questions to paralegals. Or worse yet, getting a response on their case would take days. We find this unacceptable.
We believe responsiveness from a DC hit and run car accident lawyers enhance the client-lawyer relationship. In turn, we can build trust. Trust in a lawyer-client relationship leads to confidence in the attorney, thereby relieving a client’s stress. A trusting client will reveal vital information to a lawyer that can benefit your case and maximize compensation.
Our office is downtown on Eye Street, NW. A local DC hit and run car accident lawyer can benefit your case in numerous ways. 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 DC hit and run car accident lawyers, we are familiar with the local judicial system. 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 and know their preferences and styles.
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 is insufficient 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 that are easy to handle. If you have liability insurance, we can pursue an uninsured motorist claim on your behalf.
There are many reasons why a driver might flee an accident, necessitating assistance from a DC hit and run car accident lawyer.
A DC hit and run car accident lawyer at Gelb & Gelb can help you track down a vehicle after the other driver flees. While we cannot guarantee that there will be insurance on the vehicle, we may be able to use traffic cameras. If you can get a picture of their license plate, that goes a long way toward tracking them down.
In a hit-and-run accident, the case becomes an uninsured motorist claim under the claimant’s policy. This applies if the injured party was a passenger and the at-fault driver is unknown. If a DC hit-and-run car accident lawyer cannot resolve the claim, they do not sue another driver. Instead, they sue the insurance company for 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 negligent driver’s car is insured, we have no one to sue if we cannot track him down. The party injured or has sustained property damage on their vehicle is entitled to make a claim for the damage to their car. They may also be eligible for compensation for their medical bills, lost wages, pain, and suffering.
Skilled DC hit-and-run car accident lawyers tailor comprehensive compensation strategies for victims. These strategies cover medical bills, rehabilitation costs, and emotional distress.
Seeking legal help after a hit and run car accident in DC is crucial. An attorney can help obtain the police report and run tag checks to identify the fleeing driver. 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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