Being the victim of a hit-and-run accident is a frustrating and overwhelming experience. Not only are you left dealing with potential injuries and vehicle damage, but the driver responsible for the crash has fled, leaving you with unanswered questions and legal challenges.
Kentucky law requires drivers to stop at the scene of an accident, exchange information, and assist if injuries are involved. However, some drivers ignore these legal obligations, often out of fear of legal repercussions. If you’ve been in a hit-and-run accident, hiring an experienced lawyer will make a major difference in recovering compensation and navigating the legal process effectively.
Here are seven compelling reasons why legal representation is essential after a hit-and-run accident in Kentucky.
1. Investigating the Accident and Identifying the Driver
One of the biggest obstacles in a hit-and-run case is tracking down the driver who left the scene. An attorney is going to assist in gathering evidence, such as:
- Surveillance footage from businesses or traffic cameras
- Witness statements
- Accident reconstruction reports
- Vehicle paint transfers or debris left at the scene
Lawyers work closely with law enforcement and private investigators to increase the chances of identifying the responsible driver. Even if the driver is never found, an attorney can still help you explore alternative legal options for compensation.
2. Maximizing Your Insurance Coverage
Kentucky follows a no-fault insurance system, which means that your Personal Injury Protection (PIP) coverage will cover medical fees and lost wages up to a certain limit, no matter who was at fault. However, in hit-and-run cases, your damages may exceed the coverage available under PIP.
A lawyer can help you determine whether you qualify for additional compensation through:
- Uninsured motorist (UM) coverage, which applies to hit-and-run accidents
- Collision coverage for vehicle damage
- Medical payments (MedPay) coverage to cover out-of-pocket healthcare costs
Insurance companies often try to limit payouts, but an attorney will ensure that you receive the full benefits available under your policy.
3. Proving Liability Even Without the At-Fault Driver
You might assume that without the other driver present, proving liability is impossible. However, an attorney can still build a strong case using available evidence.
This may include:
- Accident scene photographs showing vehicle damage, skid marks, or road conditions
- Medical records connecting your injuries to the crash
- Eyewitness testimonies describing how the accident occurred
Additionally, even if the hit-and-run driver remains unidentified, Kentucky allows victims to file claims under their uninsured motorist coverage, which treats the incident as if the driver had no insurance.
4. Handling Complex Legal Paperwork and Deadlines
Kentucky law imposes strict deadlines for filing accident-related claims. Personal injury claims must be filed within one year from the accident date, while property damage claims have a two-year deadline if they involve uninsured motorist coverage.
Failure to file within these timeframes could result in losing your right to compensation. An attorney will make sure that all paperwork is filed correctly and on time, avoiding unnecessary delays or claim denials.
5. Negotiating With Insurance Companies
Dealing with insurance companies after a hit-and-run can be frustrating, as adjusters often look for ways to reduce or deny claims. They might argue:
- There isn’t enough evidence to prove the accident occurred as you described.
- Your injuries aren’t as severe as claimed.
- Your policy does not cover the full extent of your damages.
An experienced lawyer understands how insurers operate and will negotiate aggressively to secure a fair settlement. If necessary, they can also take your case to court if the insurance company refuses to offer reasonable compensation.
6. Pursuing Additional Compensation Through a Lawsuit
If the hit-and-run driver is identified, you may have the option to file a personal injury lawsuit against them. Unlike an insurance claim, a lawsuit can provide additional compensation for:
- Medical bills beyond what insurance covers
- Pain and suffering resulting from physical and emotional distress
- Lost income due to missed work or long-term disability
- Property damage not fully reimbursed by insurance
In some cases, punitive damages can also be awarded if the driver’s actions were especially reckless, such as fleeing the scene after causing a severe or fatal accident.
7. Reducing Stress and Focusing on Recovery
The aftermath of a hit-and-run accident is already overwhelming, and managing legal challenges on your own can make it even more difficult. By hiring an attorney, you can prioritize your recovery and they take care of the legal complexities.:
- Investigating the accident and gathering evidence
- Communicating with law enforcement and insurers
- Negotiating settlements to maximize compensation
- Filing legal paperwork and meeting deadlines
With a legal professional managing the case, you won’t have to worry about the details—your attorney will ensure everything is handled properly while keeping you informed throughout the process.
Conclusion
Hit-and-run accidents often can leave victims feeling helpless, but hiring a lawyer helps level the playing field. From gathering evidence and negotiating with insurers to filing a lawsuit if necessary, legal representation will make sure that your rights are protected and that you receive fair compensation.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Kentucky Personal Injury Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.