When a driver hits a pedestrian, cyclist, or another driver and does not stop, it is considered a crime in California. Drivers are required to stop at the scene if there is property damage or injury. If you have been hit by a driver who did not stop, contact Simmrin Law Group today to seek the compensation to which you are entitled.
The Basic Laws Surrounding a Hit-and-Run
California has laws in place that outline appropriate behavior if you are involved in a hit-and-run accident. The driver must not leave the scene if the accident caused property damage or if someone was injured. By leaving the scene, the driver has committed a crime.
Drivers face different charges depending on the circumstances of a hit-and-run accident. The offense is considered a misdemeanor in the case of property damage. The crime and its charges become much more severe if an injury or death occurs. Other aggravating factors like driving under the influence (DUI) or driving while impaired by drugs may generate even more severe charges.
It is of the utmost importance that your Encino hit-and-run lawyer understands the law, has courtroom experience, and is ready to aggressively fight for the damages you deserve. Contact them today to begin mounting the most robust possible case.
For a free legal consultation with a hit-and-run accidents lawyer serving Encino, call (310) 896-2723
Recovering Damages After a Hit-and-run Accident
If you have been the victim of a hit-and-run, you may have sustained injuries, trauma, or damages to your property or vehicle. Chances are you have suffered from pain and anxiety. You are likely entitled to financial reimbursement.
As a victim of a hit-and-run, you did not cause the accident. Expenses can quickly add up, and you should not have to pay for them. If the driver who was at fault is not found, he cannot be held accountable. In this case, who pays?
Uninsured or Underinsured Policies
California is an at-fault state. This can lead to questions about who is liable for your damages. Fortunately, your insurance coverage might come to the rescue. By default, California insurance companies include uninsured or underinsured coverage for each policy sold.
While an insurance policyholder can refuse this coverage, his insurance agent will usually recommend they carry collision and comprehensive coverage within their policies. These regular car insurance policy additions will offset costs if a driver without uninsured/underinsured coverage is involved in a hit-and-run crash.
Since the driver cannot be held responsible, your uninsured or underinsured policy will take responsibility for that driver. Often your own insurance company will offer a settlement. The amount offered will depend on the policy’s coverage limits. Minimally, you should receive enough to repair or replace your vehicle. Your medical bills should be covered as well.
Your claim could be denied if you carried only the minimal amount of required coverage in the state of California. This is why an Encino hit-and-run attorney is crucial to recovering what you are due.
Personal Injury Claims
If you have suffered severe injuries or the accident was fatal to a loved one, settling with your insurance company might not be in your best interest. You may want to enlist a hit-and-run lawyer in Encino to help you file a claim in Encino, California. There is an opportunity for more significant financial compensation than an insurance settlement can provide.
There must be an at-fault driver to file suit against. They can be held accountable if an investigation turns up the driver in your hit-and-run accident. It is possible to file a suit against the city or county where the accident happened or to include the vehicle manufacturer in the claim.
Encino Hit-and-Run Accident Lawyer Near Me (310) 896-2723
What Damages Can I Seek?
The best-case scenario is that the driver is found and held responsible. But, if they are not found, and there is no defendant to be held accountable, the survivors of the accident or their family members are left without a reasonable way to seek damages.
This is where uninsured or underinsured motorist policies come in:
- Medical Bills, past and future, are eligible for reimbursement.
- Loss of Income: It is common to miss work after an injury. Even after returning to work, income can be lost when one has to miss work for medical care and follow-up appointments and treatments.
- Loss of Future Earnings may be due if the victim can no longer do their job or if their sustained injuries disqualify them from future promotions and opportunities.
- Pain and Suffering are hard to put a dollar value on, but your personal injury attorney will calculate what you should receive in compensation.
- Disfigurement, should you experience any, should be awarded recompense.
- Disabilities due to the accident can be included in a settlement package.
- Loss of Enjoyment of Life is another element that should be considered when seeking damages.
- Loss of Consortium can be sought by the spouse of a hit-and-run victim.
If a fatality occurred due to the criminal behavior of a hit-and-run driver, you may also be entitled to burial costs.
Statute of Limitations
In Encino, California, if you are involved in a hit-and-run accident, you should do so as soon as possible. Victims filing personal injury claims have two years to file suit. Missing this deadline could mean forfeiting the right to financial recompense.
It is also beneficial to begin proceedings soon after an accident happens. By waiting two years, medical bills will have been collected, and the loss of income will have caused stress and anxiety for victims and their loved ones.
Financial reimbursement makes recovery easier because the victim and their family can focus on healing. Not having the added financial stress truly eases some of the anxiety that a thoughtless crime has created. The sooner you start these proceedings, the sooner the relief of financial compensation will come.
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Contact a Hit-and-Run Attorney in Encino Today
If you or a loved one is the victim of a hit-and-run accident, call Simmrin Law Group today. We will pursue the generous financial recovery settlement that you are due. Our experienced team understands how to deal with insurance companies and how to best pursue a civil suit that can recover the money that you are entitled to.