Few things feel as unjust as getting hurt in a crash, only to watch the responsible driver speed away down the road. Even though the law requires drivers to stop after an accident, not everyone follows the rules.
A hit-and-run driver can leave you facing hefty medical bills and repair costs with no clear path to compensation. The attorneys at Younce, Vtipil, Baznik & Banks know how frustrating and isolating this experience can be, and we’re here to help.
Our skilled hit-and-run accident lawyers in Raleigh can identify legal options you may not know exist and help you go after the fair compensation you need for your recovery. Reach out to us today for your free case evaluation to learn more.
How Our Attorneys Investigate Hit-and-Run Accidents
It takes resources, persistence, and a methodical approach to identify a driver who fled the crash scene. Our hit-and-run accident investigation process often involves:
- Prompt accident scene analysis – Our attorneys start by gathering everything available at the scene. Vehicle debris, paint transfer, and damage patterns can help our team narrow down key details about the fleeing vehicle. We may also get statements from anyone who witnessed the crash, along with traffic, security, and dashboard camera footage. However, much of this evidence can disappear quickly. Swift action can mean the difference between identifying a driver and hitting a dead end.
- Collaboration with police – We also work closely with law enforcement throughout these cases. North Carolina law requires officers to investigate reportable crashes and file written reports within 24 hours, and those reports often contain details critical to identifying hit-and-run drivers (C.G.S. § 20-166.1). If the investigating officer is in the NC Highway Patrol, he/she submits the report directly to the NCDMV. Otherwise, the officer submits the report to their local law enforcement agency, who then forward a copy of the report to the NCDMV within 10 days. However, just because the law says that officers must file their report within 24 hours, that law is not always obeyed, especially when the wreck was complex and/or involved serious injuries or death.
- Supportive investigation – Beyond the physical evidence, our North Carolina hit-and-run lawyers can coordinate with accident reconstruction professionals when appropriate. We will pursue every reasonable lead from the earliest stages of your case.
Can You Recover Compensation After a Hit-and-Run Accident?
Even if the other driver is never identified, you may have several potential paths toward compensation in North Carolina. The right path depends on your insurance policy, the specific circumstances of the crash, and whether the responsible driver is ever found.
Here’s what you need to know about each option:
Health Insurance
If you have health insurance, including Medicare and Medicaid, file all medical bills there first. You may have additional compensation sources to pursue eventually, but state law expects you to start there.
Uninsured Motorist (UM) Coverage
North Carolina requires every driver to carry uninsured motorist coverage, which applies directly to hit-and-run accidents since a fleeing driver is considered uninsured for claim purposes. Current minimum UM coverage requirements call for at least $50,000 in bodily injury coverage per person and $100,000 per accident as well as $50,000 in property damage to your car. However, your policy may include even higher limits.
To pursue a UM claim after a hit-and-run, you or your attorney will need to call your insurer and tell them you’ve been injured and provide basic facts about the crash. Your insurer will generally treat the claim much like it would treat a claim against an identified at-fault driver, and you may pursue compensation up to your policy’s UM limits.
Underinsured Motorist (UIM) Coverage
Sometimes, even locating the driver still isn’t enough to recover fair compensation. UIM coverage comes into play when an at-fault driver carries insurance, but not enough to fully cover your losses. If the driver is identified but doesn’t have sufficient liability coverage, your UIM policy may provide additional compensation once their liability coverage is exhausted.
Other Potential Sources of Compensation
If our team or the police successfully find the at-fault driver, we can help you pursue a personal injury claim directly against their liability insurance.
Some hit-and-run cases also involve other liable parties, such as:
- Negligent commercial vehicle drivers and their employers
- Bars or restaurants that knowingly overserved visibly intoxicated drivers
- Manufacturers responsible for a vehicle defect that contributed to the crash
Our hit-and-run accident attorneys can examine every angle of your case to identify all liable parties and every available source of compensation.
Compensation Available in a Raleigh Hit-and-Run Claim
The compensation available in your case will vary based on factors like the severity of your injuries, the impact of the crash on your daily life, and the insurance coverage available to you. A thorough investigation will allow our attorneys to account for both your immediate losses and the ways the crash may affect your future.
Depending on the circumstances, you may be entitled to compensation for:
- Current and future medical expenses
- Lost wages
- Reduced earning capacity because of injury
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Vehicle repair or replacement costs
- Wrongful death compensation in fatal hit-and-run cases
How Long Do You Have to File a Hit-and-Run Claim in North Carolina?
North Carolina law sets firm deadlines for hit-and-run accident claims, and missing one could cost you the right to recover compensation altogether.
Uninsured Motorist Claims
If you plan to pursue a UM claim, you or your attorney must report the crash to law enforcement or the Commissioner of Motor Vehicles within 24 hours of the crash or as soon afterward as practical. You must also notify your own insurer within a reasonable time of your crash injuries and the surrounding circumstances (N.C.G.S. § 20-279.21).
This reporting window is far shorter than the deadline for filing a lawsuit, so prompt action is vital from the very beginning of your case.
Car Accident Lawsuits
If we can identify the driver, you may have the opportunity to file a standard personal injury claim. In that case, you would generally have three years from the date of the crash to file a lawsuit against the at-fault party in North Carolina (N.C.G.S. § 1-52). That three-year limit also applies to property damage claims. However, there are some exceptions to the deadline. For instance, the three-year statute of limitations for injured minors does not begin until they turn 18 (although the parents’ deadline is still three years if they are responsible for the child’s medical bills).
If your loved one died as a result of a hit-and-run crash, North Carolina law typically gives your family two years from the date of death to file a wrongful death claim (N.C.G.S. § 1-53).
No matter which deadline applies to your situation, don’t wait to get legal help. Over time, evidence can fade, and witnesses can become harder to locate. Insurance companies also tend to use delays as excuses to question and undervalue your claim. Plus, if you wait too close to the statute of limitations to hire a lawyer, they may not be willing to take your case for liability reasons.
The sooner you contact our hit-and-run car accident lawyers, the sooner our team can start preparing your case and protecting your rights.
What Happens if There is no Contact with the Hit-and-Run Driver’s Vehicle?
A real problem occurs when there is not actual contact between the victim’s car and the at-fault hit-and-run driver’s car, such as when the other car runs you off the road without touching your car. If there is zero impact between the fleeing car and your car (or an intermediate vehicle), courts rule that it does not qualify as a hit-and-run under standard UM guidelines. North Carolina follows that rule strictly, even if you have an independent witness who can verify your version of events. Petteway v. South Carolina Ins. Co., 379 S.E.2d 80 (1989). However, there will be UM coverage if the phantom driver hits your car or hits another car, which then hits you. Nevertheless, the “phantom” car must hit another car involved in the accident with you. Andersen v. Baccus, 426 S.E.2d 105, 109 N.C. App. 16 (1993).
In that situation it is especially important for you to use your health insurance to pay your medical bills. Additionally, look on your policy to see if you have medical payments (or med pay) coverage. That can also be used to pay medical bills in this situation. As far as damage to your vehicle, use your collision coverage if you have it.
Why Choose Younce, Vtipil, Baznik & Banks for Your Hit-and-Run Accident Claim?
When you’re sorting through the uncertainty after a hit-and-run, you need a skilled legal representative to support you through the process. Here’s why injury victims in North Carolina turn to Younce, Vtipil, Baznik & Banks in their time of need:
Our Legal Experience
Our attorneys bring over 100 years of combined experience to every case we handle – and that knowledge can make all the difference when auto insurance companies try to minimize or deny a hit-and-run car accident claim. We have successfully represented clients against nearly every major insurance company in America, so we know how they operate and how to counter their tactics.
Our Dependable Service
When you call our firm, you’ll talk to a licensed North Carolina attorney, not just an intake worker. The lawyer who takes your case will stay with you from start to finish, so you never have to worry about being handed off to someone who barely knows your name.
Many of our attorneys and staff members have worked at this firm for over 20 years, and most of our new clients come to us through referrals from people we’ve already helped. That kind of trust isn’t accidental. It’s earned one case at a time, through personalized attention, honest advice, and real results.
Our Extensive Resources
Younce, Vtipil, Baznik & Banks also provides resources that most firms don’t offer. For example, our state-of-the-art case tracking system allows our team to stay on top of your claim at all times. In turn, we can ensure you always know where things stand and what comes next.
We do that through frequent and open communication. Our staff includes fluent English and Spanish speakers, ready to work with you in whichever language you are most comfortable with.
Our Stellar Reputation
We believe our results speak for themselves. We’ve recovered over $150 million for injured clients throughout North Carolina, and we bring that same dedication to every hit-and-run accident claim we handle, regardless of size or complexity.*
Here’s what one recent client had to say about their experience with us:
“Mr. Vtipil was great! Very kind, calm, knowledgeable, and actually cares about you as a person! This law firm is very organized as well. Highly recommend!” – Lanie Luck
