Norcross Hit-and-Run Accident Damages
A hit-and-run car accident can be devastating and you might not know how to proceed with recovering. Fortunately, a dedicated hit-and-run accident lawyer could help you get the compensation you deserve. Let an experienced lawyer help you recover Norcross hit-and-run accident damages. Call today and set up a consultation.
Who Pays for Damages in a Hit-and-Run Accident?
If the at-fault driver in a hit-and-run accident is found, that driver’s liability coverage will pay for all damages. However, if the at-fault driver is not found, the claimant’s property and medical damages will be paid by their uninsured motorist coverage policy.
Uninsured coverage is contractual, and requirements must be met in order to invoke and use it. Also, uninsured coverages have different classes and priorities. Typically, under the receipt of the premium test, the uninsured coverage of the person who pays for that uninsured coverage is first in line to pay. The uninsured coverage of closest resident relative pays second.
For example, if someone was a passenger in a vehicle that was involved in a hit-and-run, their own personal vehicle (not the vehicle that they were in) pays first. The passenger’s resident relative (the relative who they reside with) vehicle insurance pays second and the insurer of the vehicle that the passenger was in pays last. To learn more about recovering Norcross hit-and-run accident damages, contact a dedicated car wreck lawyer.
In most hit-and-run cases, there is no punitive damage because the uninsured motorist coverage covers the injured party’s damages. However, if the hit-and-run driver is discovered, there is a punitive aspect to punish and deter a similar driver from ever acting grossly negligent again.
The theory behind punitive damages for a hit-and-run driver is to punish that driver for causing a collision and leaving the scene. The basis of this is that this driver was not concerned with whether or not someone was seriously injured or died as a result of their actions. The law requires that drivers who are involved in a car accident stop and at the very least exchange insurance information with the other driver. If the hit-and-run driver failed to do so and police or law enforcement are able to locate them, there is a punitive aspect to punish and deter similar drivers.
Declining Uninsured Coverage
If a person does not want to use their uninsured motorist coverage, they will have to sign a waiver to invoke the right not to use their uninsured coverage. In Georgia, uninsured coverage is contractual between the insureds and their insurance companies. There is a notification clause on each one of these policies, which is typically 60 days. If there is no notification of a collision within 60 days, the insurance company can and will refuse to cover the individual under the uninsured motorist coverage that they bought and paid for.
Paying for Medical Costs
If an injured person has been involved in a hit-and-run accident and does not have medical insurance, they can still get medical treatment without paying out of pocket up front. Assuming that there is available uninsured coverage, an attorney will sign a letter of protection with the medical providers that promise to pay the medical bills after the claim has been resolved with the uninsured insurance company. If the total of all one’s medical bills is more than all the available uninsured coverages, an attorney may look for other ways to pay for those medical bills.
Contact an Attorney About Recovering Hit-and-Run Accident Damages in Norcross
If you do not have health insurance and your medical bills exceed all the available uninsured coverages, an attorney could negotiate those bills with the medical provider. One route of negotiation is to offer the provider the amount that a health insurance company would pay. Another is to file a declaration action in Superior Court asking the Court what rights and obligations each party has.
If you were injured in a car wreck and the at-fault driver fled the scene, contact a lawyer who could help you recover Norcross hit-and-run accident damages.