The shock and disbelief that follow a hit and run are often just the beginning. One moment, you are driving, and the next, you are left alone on the side of the road, dealing with a damaged vehicle, potential injuries, and the profound sense of violation from a driver who simply fled. This terrifying experience is unsettlingly common. While specific hit-and-run data for every state can be difficult to track, national statistics paint a grim picture; according to the latest data from the National Highway Traffic Safety Administration (NHTSA), there was a decrease in fatal hit-and-run crashes nationally in 2023, yet thousands of lives are still lost and countless more are affected annually. For anyone involved in a hit-and-run accident in PA, these numbers confirm you are not alone in facing this chaotic aftermath.
Navigating the path forward requires clear, decisive action to protect your health and your financial stability. The challenge is that the person responsible for your damages has vanished, leaving you to face the complexities of the insurance process by yourself. Understanding how to properly document the incident, what to say to your insurance company, and recognizing the precise moment you need professional legal support are critical. This guide is designed to empower you by explaining exactly when to contact a Pennsylvania car accident lawyer to manage your claim, ensuring you can focus on recovery while a legal expert fights for the justice and compensation you rightfully deserve.
Understanding the Severity of a Hit and Run in PA
Hit-and-run incidents are not considered minor traffic violations. It is a serious criminal offense with significant consequences. Pennsylvania state law requires any driver involved in an accident to stop, render aid, and exchange information. Fleeing the scene is a direct violation of this duty.
The penalties for the at-fault driver are severe and depend on the outcome of the crash:
- Accident with Property Damage: Fleeing the scene of an accident that only involves damage to a vehicle or property is a summary offense, which can result in fines and possible jail time.
- Accident with Injury: If someone is injured, the driver faces a third-degree felony charge, punishable by years in prison and substantial fines.
- Accident with Death: If the accident results in a fatality, the charge is a second-degree felony, carrying even more severe penalties.
These criminal proceedings are separate from any civil claim you might file. While the state prosecutes the driver for the crime, a Pennsylvania car accident lawyer helps you pursue compensation for your personal losses through a civil PA car accident claim.
What to Do After a Hit and Run in PA
What you do in the minutes and hours after the accident can have a major impact on your health and your ability to recover compensation. If you find yourself the victim of a hit and run, try to remain calm and follow these steps:
- Check for Injuries and Get to Safety: Your well-being is the top priority. Assess yourself and your passengers for injuries. If possible, move your vehicle out of traffic to a safe location to prevent further accidents.
- Call 911 Immediately: Report the accident to the police. Inform the dispatcher that it was a hit and run. A police report is an essential piece of evidence for your insurance claim and any future legal action.
- Gather as Much Information as Possible: The other driver fled for a reason, but you may have caught a glimpse of their vehicle. Try to recall and write down everything you can remember, no matter how insignificant it seems.
- Vehicle: Make, model, color, and approximate year.
- License Plate: Even a partial plate number can be incredibly helpful.
- Damage: Note any visible damage on the fleeing car.
- Driver: A description of the driver or any passengers.
- Direction of Travel: Note the direction the car was headed when it fled.
- Look for Witnesses: Were there other drivers, pedestrians, or nearby businesses that might have seen what happened? Ask for their contact information. They might offer key insights into the incident.
- Document Everything: Use your phone to take pictures and videos of the accident scene, the damage to your car, your injuries, and any relevant landmarks or road conditions.
- Seek Medical Attention: Even if you feel fine, some serious injuries, like whiplash or concussions, have delayed symptoms. Get checked out by a medical professional as soon as possible. This creates a medical record linking your injuries to the accident.
- Notify Your Insurance Company: Report the hit and run to your insurer, but be careful what you say. Stick to the facts and avoid speculating about fault or the extent of your injuries.
When Should You Call a PA Car Accident Attorney?
After handling the immediate aftermath, you will enter the insurance claims process. This is where the situation can become complicated, and the need for a skilled advocate becomes clear. You should strongly consider hiring an attorney in the following situations.
You or a Passenger Has Suffered Injuries
This is the most important reason to hire a lawyer. If you have been injured, the stakes are immediately higher. Your focus should be on healing, not on fighting with an insurance company. A PA car accident lawyer steps in to manage your claim and protect your interests.
Insurance adjusters are trained to minimize payouts. They may offer a quick, lowball settlement that doesn't account for the full scope of your damages, including
- Future Medical Expenses: Will you need ongoing physical therapy, surgery, or long-term care?
- Lost Wages: How much income have you lost, and how will your injuries affect your ability to earn a living in the future?
- Pain and Suffering: The physical pain and emotional distress caused by the accident are real damages that deserve compensation.
A PA car accident attorney will work with medical and financial experts to accurately calculate the total value of your claim, ensuring you don't accept a settlement that leaves you paying out-of-pocket for accident-related costs down the road.
The At-Fault Driver Cannot Be Identified
This is the central challenge in most hit-and-run cases. If the police can't find the driver who hit you, who pays for your damages? The answer lies in your own auto insurance policy.
In Pennsylvania, you can use your own Uninsured Motorist (UM) coverage to pay for your injuries and damages in a hit-and-run. UM coverage is designed for this exact scenario—when you are injured by a driver who has no insurance or, in this case, cannot be found.
However, filing a UM claim is not always straightforward. You are now in an adversarial position with your own insurance company. Their goal is still to pay out as little as possible. They may question the severity of your injuries or argue that another factor contributed to the accident. A car accident attorney can be your advocate, ensuring your insurer treats you fairly and honors the terms of your policy.
Navigating Complex Insurance Policies with a Car accident lawyer
Pennsylvania’s insurance laws are notoriously complex. Concepts like Uninsured/Underinsured Motorist (UM/UIM) coverage and the state’s “tort” options can confuse anyone.
- UM vs. UIM: Uninsured Motorist (UM) coverage applies in a hit and run. Underinsured Motorist (UIM) coverage applies if the at-fault driver is found but doesn't have enough insurance to cover your damages. A lawyer ensures you are accessing all available coverage.
- Limited Tort vs. Full Tort: Your choice of tort option on your policy significantly affects your right to sue for pain and suffering. If you have "limited tort," your ability to recover these non-economic damages is restricted unless you meet certain exceptions. An experienced attorney can analyze your policy and the facts of your case to determine if an exception applies, potentially unlocking thousands of dollars in additional compensation.
Your Insurance Company is Delaying, Denying, or Undervaluing Your Claim
Insurance companies are businesses. Unfortunately, this means they sometimes engage in bad-faith tactics to protect their bottom line. This is especially common in complex cases like a PA car accident claim involving a hit and run.
Signs of bad faith may include:
- Unnecessary delays in processing your claim.
- Denying your claim without a valid reason.
- Refusing to pay for legitimate medical treatments.
- Offering a settlement that is far below what your claim is worth.
If you suspect your insurer is not acting in good faith, you need a Pennsylvania car accident lawyer immediately. An attorney can challenge the insurance company, present evidence to support your claim, and file a bad faith lawsuit if necessary to hold them accountable.
There is Substantial Property Damage
Even if you weren't seriously injured, significant damage to your vehicle can lead to disputes. Your collision coverage should pay for repairs, but the insurer might argue about the cost of parts or the necessity of certain repairs. If your car is declared a total loss, they may offer you a value that is less than what it's actually worth. An attorney can help you contest a low valuation and negotiate for a fair amount to replace your vehicle.
How Can a Pennsylvania Car Accident Lawyer Help with Your Hit and Run Case?
Hiring an attorney does more than just put a legal expert in your corner. It provides you with a dedicated partner who can manage every aspect of your case, allowing you to focus on your recovery.
Conducting a Thorough Investigation
While the police will conduct their own investigation, their resources are often stretched thin. A dedicated car accident lawyer can launch a private investigation to uncover evidence that may have been missed. This can include:
- Canvassing the area for overlooked witnesses or security cameras.
- Subpoenaing footage from traffic cameras or nearby businesses.
- Working with accident reconstruction experts to prove how the crash occurred.
- Hiring a private investigator to track down leads on the fleeing driver.
Handling All Communication with Insurance Companies
Dealing with insurance adjusters can be stressful and intimidating. Once you hire an attorney, all communication goes through their office. This protects you from saying something that could be twisted and used against you later. Your lawyer will handle the phone calls, paperwork, and negotiations, ensuring your rights are protected at every turn.
Accurately Valuing Your PA Car Accident Claim
How much is your claim truly worth? It's almost always more than the insurance company's initial offer. A skilled lawyer will perform a comprehensive valuation of all your losses, both economic and non-economic.
- Economic Damages: These are your tangible financial losses, such as medical bills, lost income, and property damage.
- Non-Economic Damages: These are the intangible losses, including pain and suffering, emotional distress, scarring or disfigurement, and loss of enjoyment of life.
Properly valuing these damages is a skill that comes with experience. Your attorney will build a compelling case to justify the full and fair compensation you deserve.
Negotiating a Fair Settlement or Taking Your Case to Court
The vast majority of car accident cases are settled out of court. An experienced negotiator can often secure a fair settlement without the need for a trial. However, if the insurance company refuses to make a reasonable offer, you need a lawyer who is prepared to take your case to court. The willingness to go to trial is often the leverage needed to make an insurer increase their settlement offer.
Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away
Being the victim of a hit-and-run incident can be a terrifying and frustrating experience. You do not have to face the aftermath alone. At Brandon J. Broderick, Attorney at Law, we understand the unique challenges of a hit-and-run accident in PA. Our commitment lies in holding negligent parties and uncooperative insurance companies accountable.
Our team of experienced personal injury attorneys will fight tirelessly to protect your rights and help you secure the compensation you need to rebuild your life. We handle everything, from investigating the accident to negotiating with insurers, so you can focus on what matters most—your recovery.
Don't let a fleeing driver and a difficult insurance company dictate your future. Contact us today for a free, no-obligation consultation. Let us put our expertise to work for you.