A hit-and-run accident can leave you dealing with injuries, medical bills, vehicle damage, and unanswered questions about who will pay for your losses. When the other driver leaves the scene, you may wonder whether you can still recover compensation.
In many cases, you can pursue a claim after a hit-and-run accident in Missouri. Even if the driver is never identified, Missouri law provides uninsured motorist protections that may allow an injured person to seek compensation through their own insurance policy.
Is Leaving the Scene of an Accident Illegal in Missouri?
Yes. Missouri law makes it an offense for a driver involved in an accident resulting in injury, death, or property damage to leave without stopping and providing required information.
Under Missouri Revised Statutes Section 577.060, a driver who knows about an accident must stop and provide information such as their name, address, vehicle registration or license number, and driver’s license number when applicable. Leaving the scene can result in criminal penalties, with more serious penalties when the accident causes physical injury, significant property damage, or death.
However, the criminal case against the driver and your ability to pursue compensation for your injuries are separate legal cases.
Can You File a Claim After a Missouri Hit-and-Run?
Yes. If the driver responsible for your accident cannot be identified, you may still have a claim through uninsured motorist coverage.
Missouri law requires automobile liability insurance policies to include uninsured motorist coverage, subject to the requirements of Section 379.203. The statute specifically addresses situations where the identity of the owner or operator cannot be established because the driver and vehicle left the scene before identification.
This means a hit-and-run driver may be treated as an uninsured motorist for purposes of qualifying coverage. Your policy’s specific terms and the facts of your accident will determine what coverage is available.
What Is Uninsured Motorist Coverage?
Uninsured motorist, or UM, coverage is designed to protect insured individuals who are legally entitled to recover damages from an uninsured motorist. In a hit-and-run accident, the coverage can be particularly important because there may be no identified driver or insurance company to pursue.
Depending on the circumstances and applicable policy, an uninsured motorist claim may potentially provide compensation for losses such as:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Other damages associated with bodily injury
Missouri’s uninsured motorist statute expressly provides that legal entitlement to recover can exist even when the identity of the owner or operator cannot be established because the vehicle left the accident scene.
What Should You Do After a Hit-and-Run Accident?
Taking the right steps after a hit-and-run can help preserve evidence and protect your potential claim.
1. Call the Police
Report the accident as soon as possible. Give law enforcement as much information as you can remember about the vehicle and driver.
Details such as the vehicle’s make, model, color, license plate number, direction of travel, and distinctive features may help investigators identify the vehicle.
2. Seek Medical Attention
If you were injured, seek appropriate medical care. Some injuries may not become apparent immediately after a collision.
Keep records of your medical treatment, prescriptions, bills, and other accident-related expenses.
3. Document the Scene
If it is safe to do so, photograph your vehicle, the accident scene, visible injuries, road conditions, and any other relevant details.
You should also look for potential witnesses who may have seen the crash or the vehicle leaving the scene.
4. Look for Video Evidence
Security cameras, traffic cameras, nearby businesses, residential cameras, and dashcams may have captured the accident or the vehicle leaving the area.
If you know of a nearby camera that may have recorded the crash, provide that information to law enforcement and your attorney as soon as possible.
5. Notify Your Insurance Company
You should report the accident to your insurance company. However, be careful when providing statements or discussing the extent of your injuries before you understand your rights and available coverage.
Your insurance company may investigate your uninsured motorist claim, even though you are seeking compensation under your own policy.
What If the Hit-and-Run Driver Is Found?
If police identify the driver, you may have the option of pursuing a claim against the driver and potentially their insurance company.
The fact that the driver fled the scene does not automatically determine the amount of compensation available in a civil claim. Your claim will generally depend on issues such as:
- How responsible the other party is who caused the accident
- The injuries you sustained
- The damages you can establish
A hit-and-run driver may also face criminal consequences for leaving the scene under Missouri law.
How Long Do You Have to File a Missouri Hit-and-Run Injury Claim?
Missouri generally provides a five-year statute of limitations for actions involving injury to the person or rights of another under Section 516.120. The limitations period and when it begins can depend on the specific circumstances of a case, and different rules may apply to particular claims.
Do not wait until the deadline approaches. Important evidence can disappear, witnesses can become difficult to locate, and insurance claims may have their own notice requirements.
Contact Labovitz Law Firm After a Missouri Hit-and-Run Accident
A hit-and-run accident does not necessarily mean you have no way to recover compensation. Depending on the circumstances, uninsured motorist coverage may provide an avenue for pursuing compensation even when the responsible driver cannot be identified.
If you were injured in a hit-and-run accident in Missouri, Labovitz Law Firm can help you understand your options and the insurance coverage that may apply to your situation.
