What is the “Last Clear Chance” Doctrine for Charlotte Personal Injury Cases?
Nov 30, 2017 by content
No Results, No Attorney Fee
Call Us Today
When a car accident occurs, determining who was at fault is important so victims can obtain appropriate compensation. Unfortunately, in some situations, the person who is responsible for causing the crash flees the scene of the accident. This behavior is called hit and run and it is illegal. If the driver is ultimately identified, he or she can be arrested and face serious criminal charges.
Unless and until the hit-and-run driver is found, however, the crash victim is in a difficult position. Without knowing the person’s name, the victim obviously cannot file a lawsuit or try to obtain compensation from the responsible party’s insurance company. That is why working with qualified Charlotte hit and run lawyers is very important in these situations, as an attorney may be able to provide insight into your options for recovering compensation even after a motorist has caused a crash and driven away.
The first and most important thing to do after a hit and run is to notify the police of the collision. Be sure to file a police report and follow up with the police investigation. Law enforcement officers may be able to obtain evidence, such as witness statements and any videos of the crash taken by nearby surveillance cameras. The police might also be able to track down the driver who was to blame and, if this occurs, the victim can pursue a personal injury or the family can make a wrongful death claim against that individual.
If the police do find the driver who fled the accident scene, the crash victim will still need to prove that the motorist caused the crash in order to be eligible to recover compensation. An attorney can help a victim launch an investigation to show that this driver should be legally required to compensate him or her for medical costs, wages lost, emotional distress, pain and suffering and other damages resulting from the collision.
If the driver is never found, the victim’s best and only option may be to take advantage of any uninsured motorist insurance coverage available. Uninsured motorist coverage is something that individuals can purchase as part of their own car insurance policy. When you have this type of protection, the insurance company that represents you will be the one paying for the damages. Ultimately, your own insurer essentially takes the place of the hit-and-run driver’s insurance company and pays for your bills and losses up to policy limits. Innocent drivers do not need to worry though that a claim on their own policy will increase their premiums. Uninsured Motorist insurance coverage is not fault-based coverage, and therefore claims made under this coverage will not impact insurance premiums.
Getting your own insurer to pay after a hit and run can still be complicated, especially since your insurance company cares more about its profits and not about covering your losses. The Charlotte hit-and-run lawyers at Brown, Moore and Associates can help you document your damages, negotiate with your own insurance company and take necessary legal actions, such as taking your claim to arbitration or even filing a bad-faith claim to get the money you deserve. Contact us to discuss your case today.