Pursuing Damages When the At-Fault Party Flees the Scene of the Accident
After a motor vehicle accident, it’s common to contact the wrongful party’s insurance company so you can obtain direct reimbursement for medical expenses and other losses. If, however, you were injured in an accident with a drunk driver and the inebriated party leaves the scene of the accident, you may be at a loss as to where or how you will recover compensation for your injuries. There are steps you can take to protect yourself and cover your losses.
When you purchased your auto insurance policy, you were most likely offered the option to buy coverage for “uninsured and underinsured” motorists. This allows you to recover compensation directly from your own insurer when the at-fault party either has no insurance or does not have adequate insurance to cover all your losses. For most insurers, a driver who flees is indistinguishable from a driver who has no insurance. For all practical purposes, there is no other insurance policy upon which you can rely, so you have recourse to coverage under the uninsured/underinsured rider on your policy.
Other factors to consider include whether or not there were other drivers who may have caused or contributed to the accident, or if there were roadway defects or other conditions that led to your crash. Under personal injury law, you can pursue compensation from any party that contributed to your crash, even if you did not collide with that vehicle. State law may limit or exclude liability, but you should always have your attorney investigate whether there are other potentially responsible parties. In addition, if there were potholes or broken pavement or asphalt, if speed limits were not properly posted, or if roads were wet because of improper drainage, these and many other factors may have caused your accident. You can seek damages from the parties responsible for maintaining or constructing the roadways.
Contact the Law Office of Howard D. Popper, P.C.
To arrange a free initial consultation, contact us online or call our office at 973-993-8787. We have office locations in Morristown and Newton, but will visit you in your home or the hospital if necessary.
We take all personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.