Getting in a car accident is stressful enough. But when the other driver takes off, it’s even worse. Hit and run accident claims raise questions about who pays for damages, whether you can still get compensation if the driver isn’t found, and what legal steps to take next.
South Dakota has laws to help hit-and-run victims, but the process is not always straightforward. Here’s what you need to know if you ever end up in this situation.
What to Do Immediately After a Hit-and-Run
The first few minutes after a crash are crucial. Even if the driver is caught, they might not have insurance or money to cover the damage. That’s why uninsured motorist coverage is vital in hit-and-run accident claims.
- Check for injuries and call 911. Your safety comes first. If you or anyone in your vehicle is hurt, get medical help immediately. Even if you feel fine, getting checked out is always a good idea since some injuries don’t immediately appear and can impact how personal injury damages are determined.
- Try to remember details about the other vehicle. If you caught a glimpse of the car that hit you, write down anything you remember—color, make, model, license plate (even if it is just part of it), and any distinguishing features such as bumper stickers or damage to the vehicle.
- Look for witnesses. If anyone nearby saw the accident, ask for their contact information and if they’re willing to give a statement. Witness testimony can be invaluable when trying to prove what happened.
- Take photos of everything. Document the scene, the damage to your car, any skid marks on the road, broken glass, and the surrounding area. If you have visible injuries, take pictures of those, too.
- File a police report. South Dakota law requires drivers to report accidents that involve injury, death, or significant property damage. Additionally, having a police report can help with insurance claims later on.
- Notify your insurance company. Let your insurer know about the accident as soon as possible. Please provide them with all the details you have gathered.
The more information you collect now, the stronger your case will be—so take action quickly and document everything while it is fresh in your mind.
South Dakota Laws on Hit-and-Run Accidents
Fleeing the scene of an accident is illegal in South Dakota, and serious consequences include fines, jail time, and a suspended license, especially if someone is hurt. Even if the driver is caught, they might not have insurance or money to cover the damage. Determining liability in car accidents, especially hit-and-run cases, often depends on having uninsured motorist coverage.
Can You Get Compensation If the Driver Is Never Found?
Yes, but it depends on your insurance coverage. South Dakota requires uninsured motorist coverage, which kicks in when an at-fault driver doesn’t have insurance—or, in this case, when they can’t be identified.
If you have this coverage, you can file a claim for medical expenses, lost wages, and other damages with your insurance. However, getting a fair payout is not always easy, so having a lawyer on your side can be a key factor.
Damages You May Be Able to Recover
If you have been in a hit-and-run, you might be able to get money to cover medical bills, lost wages if you missed work, and car repairs. How much you get depends on how bad your injuries are and how much proof you have to back up your hit-and-run accident claims.
Common Legal Challenges in Hit-and-Run Cases
Hit-and-run claims come with their own challenges. Here are some common roadblocks:
- Finding the at-fault driver. If the person who hit you is not caught, you’ll have to rely on your own insurance for compensation.
- Insurance disputes. Even with uninsured motorist coverage, your insurer may try to argue that your injuries or damages aren’t as severe as you claim.
- Proving the accident happened. Without a driver to hold accountable, the burden of paying for your losses from the accident falls on your insurance company. Solid evidence like police reports, witness statements, and photos can make all the difference in their willingness to pay.
Understanding these challenges ahead of time can help you prepare, gather the right evidence, and strengthen your claim for the best possible outcome.
How a Lawyer Can Help with Your Hit-and-Run Claim
Dealing with a hit-and-run claim alone can be stressful, especially if your insurance company is not helpful. A personal injury lawyer can gather evidence, work with accident experts, and handle insurers who try to downplay your claim. They can also take your case to court if needed. Having a lawyer on your side means you do not have to go through this alone—they can help you fight for the compensation and justice you deserve.
What to Do If Your Hit-and-Run Insurance Claim Is Denied
Insurance companies do not always play fair, and getting them to pay compensation for hit-and-run claims is no exception. If your claim gets denied, you still have options. First, check the denial letter since insurers must explain the denial. Sometimes, it is just a paperwork issue. If they say insufficient proof, gather more evidence, like witness statements or surveillance footage. You can also appeal the decision; a lawyer can help. If your insurer still does not cooperate, legal action might be necessary.
Protecting Your Path to Recovery
Getting hit by a driver who takes off is an awful experience, but you are not out of options. By acting quickly, gathering strong evidence, and getting the right legal help, you can improve your chances of compensation for your losses. Whether you are dealing with insurance complications, trying to track down the at-fault driver, or considering legal action, a personal injury lawyer can help you figure out the best path forward.
If you are facing challenges with a hit-and-run claim, our team can help you. Please do not go through it alone. Contact Turbak Law Office, P.C. today to discuss your case with a Watertown car accident lawyer and explore your legal options. You can reach us at 605-886-8361 or contact us online.
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