Being injured in a car accident is traumatic enough, but when the at-fault driver flees the scene, victims often feel helpless and confused. Unfortunately, hit-and-run accidents occur frequently in North Carolina, leaving injured victims wondering about their legal options and next steps.
Whether you’ve recently experienced a hit-and-run accident or want to be prepared for the unexpected, this comprehensive guide will walk you through everything you need to know about hit-and-run injuries in North Carolina.
Immediate Steps After a Hit-and-Run Accident
- Prioritize safety.
Carefully assess yourself and any passengers for injuries before making any sudden movements. If possible, safely move your vehicle to the side of the road to prevent secondary accidents. Get to a secure location near the accident scene while remaining visible to emergency responders.
- Document everything you can.
If you can safely do so, try to collect some valuable information:
- Record any details about the fleeing vehicle, including make, model, color, and partial license plate numbers.
- Take pictures of your vehicle damage and the accident scene (from different angles), looking for things like paint transfer, vehicle debris, and skid marks.
- Note the time, location, weather conditions, and nearby landmarks.
- Collect contact information from any witnesses who may have seen the incident unfold.
- Call 911.
You are legally required to file a police report any time you’re involved in a car accident in North Carolina, barring a few exceptions. When you call the police, they will send out an officer to meet you at the scene of the accident.
For a hit-and-run, it’s important that you do this as soon as possible. The sooner you get law enforcement involved, the more likely they’ll be to track down the offender.
- Wait for the police to arrive.
Remain at the scene until police arrive unless your safety or health is at immediate risk. An officer will ask a series of questions to create an official police report. This is your chance to share all the details you gathered about the fleeing driver and vehicle, the accident, witnesses, etc. The police report will come into play later as key evidence for insurance claims or personal injury lawsuits.
Pro Tip: Request a copy of the police report number and follow up within 24 hours to ensure proper filing
- Seek medical attention.
If you’ve sustained injuries, seek prompt medical care and document all of your symptoms. Remember, no injury is insignificant—even seemingly minor injuries can become serious later on.
Make sure you keep detailed records of all medical visits, treatments, and related expenses. And follow your healthcare provider’s treatment plan precisely.
- Get in touch with a hit-and-run attorney.
Once all the more urgent matters are out of the way, it’s time to start working toward getting you the compensation you deserve.
Before you file a claim with your auto insurance company, reach out to an experienced North Carolina hit-and-run lawyer. It’s in your insurance agency’s best interest NOT to have to pay you, so they may try to find loopholes. Legal guidance helps protect your interests through the claims processes and gives you a higher chance of receiving the compensation you deserve.
- Contact your insurance company.
After discussing the situation with a personal injury attorney, go ahead and call your insurance company to make a claim. Your insurance representative should explain what sort of coverage your policy offers regarding hit-and-runs. Make sure you document everything you tell your insurance provider.
North Carolina Hit-and-Run Laws
Hit-and-run accidents in North Carolina carry serious consequences for fleeing drivers. The state’s pure contributory negligence law adds complexity to these cases, as victims may be denied compensation if found even partially at fault.
Criminal Penalties
A hit-and-run is ruled a misdemeanor if only property damage was inflicted and a Class H or Class F felony if the accident caused an injury (depending on severity). On the high end, a Class F felony is punishable by up to 63 months in jail and as much as $20,000 in fines.
Administrative Penalties
Aside from any criminal penalties, the Department of Motor Vehicles will suspend or revoke the offender’s driver’s license for as little as 6 months up to a lifetime.
Civil Penalties
If a driver leaves the scene of an accident they caused, they’ll likely be required to pay restitution for the victim’s property damages and/or medical bills and may even have to pay “treble damages,” which can be as much as triple the initial amount.
Finding the Responsible Driver
Law enforcement employs various investigative tools (in addition to the police report and witness statements) to locate hit-and-run drivers:
- Analysis of traffic camera footage
- Review of nearby surveillance systems
- Social media investigations
- Phone record examinations
- Local business security footage
- Community tip lines and outreach programs
Compensation Options When the Driver Isn’t Found
There are a couple of ways you can receive compensation for medical expenses or vehicle damage after a hit-and-run accident:
Uninsured Motorist (UM) Coverage
This is a type of coverage required in North Carolina that protects victims if the other driver does not have auto insurance (or if they flee the scene of the accident). With an uninsured motorist (UM) policy, you have the right to compensation from your insurance company for your medical expenses and auto repairs.
UM compensation is only limited by your policy’s limits on the amount the insurance company will pay and what losses they will cover.
Not sure whether you have UM coverage? UM coverage is usually built into your standard auto insurance policy, but check your policy agreement to be certain.
Medical Payment (MedPay) Coverage
Significantly less common than UM insurance, medical payment (MedPay) insurance is an optional add-on to auto insurance policies that will help cover strictly medical costs after an accident. This type of coverage is beneficial for people who doubt their ability to afford medical bills after an accident.
If you happen to have MedPay coverage on your auto insurance policy, you will be able to use it for hit-and-run injuries.
Pursuing Legal Action Against a Hit-and-Run Driver
Only if the at-fault driver is identified can you pursue legal action against them. According to the North Carolina statute of limitations, you only have three years after the date of the accident to file a personal injury claim for a hit-and-run. Missing this deadline could remove your right to sue or recover damages of any kind.
If your claim is successful, you may be able to recover compensation for:
- Medical bills
- Vehicle repairs
- Lost wages
- Pain and suffering
- Future medical expenses
- Diminished earning capacity
- And even emotional distress
A personal injury attorney can help you determine whether legal action would be helpful or necessary in your case.
Frequently Asked Questions
Can I recover damages if I was partially at fault?
North Carolina’s pure contributory negligence law prevents recovery if you share any fault in the accident.
Why might my insurance company deny my claim?
Common reasons for claim denial include:
- Partial fault in the accident
- Failure to file a police report
- Lack of witness corroboration
- Delayed medical treatment
- Late accident reporting
- Policy exclusions for hit-and-run incidents
When should I contact an attorney?
Contact a personal injury attorney before filing your insurance claim to:
- Protect your legal rights
- Navigate complex insurance procedures
- Access professional investigative resources
- Maximize potential compensation
- Ensure proper documentation
- Handle insurance company negotiations
Get Professional Legal Help Today
Don’t navigate a hit-and-run accident alone. At Flexner Houser Injury Law, we specialize in helping North Carolina hit-and-run victims secure the compensation they deserve. Our experienced team offers:
- Free initial consultations
- Contingency-based fees (no win, no fee)
- Comprehensive accident investigation
- Expert negotiation with insurance companies
- Deep knowledge of North Carolina laws
Contact us at 1-800-FLEXNER for a free consultation and learn how we can help protect your rights after a hit-and-run accident.
