I Was Involved in a Hit and Run. Do I Still Have a Case?

Statistically speaking, hit-and-runs – where the at-fault motorist flees the scene of the accident – are very common in the United States. According to the AAA Foundation for Traffic Safety, a hit-and-run collision occurs every 43 seconds in our country. Being involved in a hit-and-run can be a frightening and traumatizing experience.

If you have been injured or suffered losses in a hit-and-run collision in Kansas or Missouri, our car accident lawyers at Biesterveld & Crook, LLC, can help. You may be wondering if you still have a case after a hit-and-run, and our attorneys are committed to helping you get the information you need to understand your legal options and pursue the maximum compensation you deserve.

With an office in Overland Park, Kansas, we serve accident victims throughout the Kansas City Metro and Johnson, Shawnee, and Douglas counties. Our attorneys also represent victims of hit-and-runs in Jackson County, Missouri.

Kansas Is a No-Fault Insurance State

Kansas PIP covers certain injury-related losses regardless of fault, subject to coverage rules and benefit limits. It does not pay for vehicle repairs. The policy that applies depends on the person, vehicle and circumstances. See K.S.A. 40-3107.

Kansas law sets conditions for recovering pain, suffering and other nonfinancial damages from a responsible driver. Those conditions do not apply to every type of loss. See K.S.A. 40-3117. Depending on the facts and available coverage, options after a hit-and-run may include:

• Collision coverage, which is not mandatory in Kansas
• Personal injury protection coverage, which is mandatory in Kansas
• Uninsured/underinsured motorist (UM/UIM) coverage, which is also required in the state.

It is vital to contact a strategic personal injury attorney to discuss the details of your case and identify possible sources of compensation.

Missouri Is a Fault Insurance State

Missouri requires liability insurance for injuries and property damage a driver is legally responsible for causing to others. Your own liability coverage generally does not pay for your injuries or car repairs. After a hit-and-run, review the other coverages in your policy. See Missouri’s auto insurance guide.

In Missouri, victims of hit-and-runs may have several options for compensation, including:

• Collison coverage, which is not mandatory in Missouri
• Uninsured motorist (UM) coverage for covered bodily-injury losses. Missouri requires UM coverage; underinsured motorist (UIM) coverage is optional.

A minimum-limits policy may still provide UM coverage for injuries caused by a hit-and-run driver. Do not assume there is no claim because the driver cannot be identified. Coverage and the amount available depend on the policy and the facts. See RSMo 379.203.

Uninsured or Underinsured Motorist Provision in Kansas & Missouri

Kansas generally requires UM coverage that includes UIM protection. Missouri requires UM coverage, while UIM is optional. These coverages address bodily-injury losses, not vehicle repairs. The policy and applicable state law determine whether a claim is covered. See K.S.A. 40-284 and RSMo 379.203. The situations differ:

• UM may apply when an uninsured driver causes covered injuries.
• A hit-and-run may support a UM claim. Kansas permits certain exclusions when there was no physical contact and no reliable, competent evidence from a disinterested witness who is not making a claim under the policy.
• UIM may apply when an insured driver causes covered injuries. In Kansas, the UIM limit must exceed the other driver’s bodily-injury liability limit; a shortfall in compensation alone is not enough.

Statistically speaking, the percentage of uninsured motorists in Missouri is much higher than in Kansas. According to Insurance Information Institute, 16.4% of motorists in Missouri are uninsured, while only 10.9% of drivers in Kansas do not have auto insurance.

For the personal auto coverage discussed here, the required minimum UM limits are $25,000 per person and $50,000 per accident in both states. Kansas generally requires UM/UIM limits equal to the policy’s bodily-injury liability limits, but the named insured may reject coverage above the statutory minimum in writing. Missouri does not require UIM coverage. Check the actual policy rather than assuming the two states provide identical protection. See K.S.A. 40-284, RSMo 379.203 and Missouri’s auto insurance guide.

Steps to Take if You Were in a Hit and Run

Being involved in a motor vehicle crash in which the other driver flees the scene can be a frightening and intimidating experience. It is helpful to know what steps to take if you are in a hit-and-run:

• Get to safety first. If you see that the driver who hit you is fleeing the scene of the crash, do not attempt to pursue their vehicle. Your first priority should be to get to safety. However, if you can, memorize and write down as many details about the fleeing vehicle as possible, including its make, model, color, license plate number, and identifying features.
• Seek medical attention. If you were hurt, call 911 or ask someone else to call 911 to request an ambulance. You need proper medical care after the crash to avoid medical complications and document your injuries.
• Talk to witnesses. If anyone witnesses the accident, talk to them and get their contact information. They may be able to provide additional information about the driver who fled the scene. The information could be used to identify and locate the at-fault motorist.
• Notify the authorities. If you haven’t already, call the police to report the accident. When a police officer arrives, provide as much information as possible. The more details you can recall, the better the chance that the police will find the fleeing motorist to bring them to justice.
• Contact your insurance company. Contacting your insurance provider is an important step to take if you are planning to pursue compensation. The requirements for reporting accidents vary from one insurer to another, which is why you may need to read your insurance policy.
• Hire an attorney. Whether or not you have a case after being involved in a hit-and-run depends on the facts of your case. An attorney will help you navigate the claims process and represent your best interests while pursuing the compensation to which you are entitled.

Often, accident victims need to work with a well-informed attorney to understand their compensation options after a hit-and-run. If you or a loved one was involved in a hit-and-run, our car accident lawyers at Biesterveld & Crook, LLC, can explain your options.

The Importance of Skilled Counsel

When someone hits you or your vehicle and then drives away, you may be wondering if you still have a case and can do anything to get compensation for your injuries and losses. Our car accident lawyers at Biesterveld & Crook, LLC, fight aggressively for each client to help them get the compensation they are entitled to. Also, we have the comprehensive skills necessary to benefit your best interests. Schedule a free consultation or virtual meeting by contacting our office in Overland Park, Kansas. We proudly serve clients in Johnson, Shawnee, and Douglas counties, Kansas, and Jackson County, Missouri.