Western Pennsylvania Hit-and-Run Lawyer

Insurance plays a critical role in recovering compensation after a hit-and-run accident, especially when the at-fault driver cannot be identified. In Pennsylvania, victims often turn to their own insurance policies for financial recovery, particularly through uninsured motorist (UM) and underinsured motorist (UIM) coverage. However, understanding how these coverages apply and dealing with insurance companies can be challenging. Knowing your rights and options under Pennsylvania law is essential for securing the compensation you deserve.

What is Uninsured Motorist (UM) Coverage?

Uninsured motorist (UM) coverage is designed to protect drivers and passengers when the at-fault party cannot be identified, such as in a hit-and-run accident. In Pennsylvania, while UM coverage is not mandatory, it is strongly recommended as a safeguard in situations where the responsible driver flees the scene or lacks insurance.

UM coverage can compensate victims for:

• Medical expenses resulting from the accident.
• Lost wages due to injuries that prevent them from working.
• Pain and suffering caused by physical and emotional trauma.

If you have UM coverage, filing a claim through your own insurance policy can provide the financial support needed to recover from the accident. However, insurance companies may still attempt to minimize payouts, even when the claim is legitimate.

How Underinsured Motorist (UIM) Coverage Applies

While underinsured motorist (UIM) coverage primarily applies when the at-fault driver has insufficient insurance to cover the damages, it can also play a role in hit-and-run cases under certain circumstances.

For example:

• If the hit-and-run driver is later identified but lacks adequate insurance to cover your losses, UIM coverage can bridge the gap.
• UIM coverage can supplement damages not fully covered by other sources, such as limited liability policies or personal injury protection (PIP).

Having both UM and UIM coverage provides an added layer of protection for victims, especially in Pennsylvania, where insurance minimums may not fully cover the costs of a serious accident.

Dealing with Insurance Companies After a Hit-and-Run

Dealing with insurance companies after a hit-and-run accident can be overwhelming, as insurers often focus on minimizing their financial liability.

Victims may encounter tactics such as:

• Delaying the Claims Process: Insurers may stall investigations or request excessive documentation to discourage claimants.
• Offering Lowball Settlements: Initial settlement offers are often far less than what victims are entitled to, especially for ongoing medical expenses or lost wages.
• Disputing the Validity of the Claim: Insurers may question the severity of the accident, the extent of injuries, or the validity of UM/UIM coverage claims.

Working with a lawyer can help you avoid common pitfalls when dealing with insurance companies. A lawyer can handle communication with insurers, negotiate fair settlements, and, if necessary, file legal action to secure the compensation you are owed.

Insurance issues after a hit-and-run accident can be frustrating and time-consuming, especially when you are trying to recover from injuries and financial losses. Understanding how UM and UIM coverage applies and dealing with insurance companies requires careful attention to detail and a strong commitment to your rights.

Compensation for personal injury cases such as car accidents, typically falls into two categories: economic damages, which cover quantifiable financial losses, and non-economic damages, which address the emotional and psychological toll of the accident. 

Economic Damages You May Recover

Economic damages compensate victims for measurable financial losses that result from the accident. These damages are often the most immediate concern for victims, as they directly impact their ability to recover and move forward.

• Medical Expenses: Victims of hit-and-run accidents can recover the cost of medical treatment, including emergency care, hospital stays, surgeries, physical therapy, and any ongoing or future medical needs related to the accident. 
• Lost Wages and Loss of Earning Capacity: If a victim is unable to work due to their injuries, they may be entitled to recover lost wages for the time they missed. Additionally, if the injuries result in a long-term or permanent disability that diminishes their ability to earn income, compensation may include loss of earning capacity. 
• Property Damage and Rehabilitation Costs: Victims can seek reimbursement for repairs or replacement of damaged property, such as their vehicle. 

Non-Economic Damages You May Recover

Non-economic damages address the less tangible but equally impactful consequences of a hit-and-run accident. These damages are meant to compensate victims for the emotional and psychological effects of the incident.

• Pain and Suffering: Compensation for pain and suffering covers the physical discomfort and long-term pain caused by the accident and resulting injuries.
  
  
• Emotional Distress and PTSD: Compensation for emotional distress acknowledges the mental health challenges victims face as they recover from the accident.
  
  
• Loss of Enjoyment of Life and Consortium: Victims may also be compensated for the loss of enjoyment of life caused by their injuries. In cases where the victim’s injuries affect their relationship with a spouse or family members, compensation for loss of consortium may be available.

Recovering from a hit-and-run accident involves more than just physical healing—it requires addressing the financial and emotional toll left behind. For compassionate and experienced legal assistance, call

Luxenberg Garbett Kelly & George P.C. today at (724) 658-8535 to speak with an experienced Pennsylvania hit-and-run lawyer. 

Under Pennsylvania law, the statute of limitations for personal injury claims, including those arising from hit-and-run accidents, is generally two years from the date of the accident. This legal deadline is outlined in 42 Pa. C.S.A. § 5524.

For hit-and-run cases, this two-year limit applies to claims for:

• Physical injuries sustained in the accident.
• Emotional distress or mental trauma caused by the incident.
• Property damage, including vehicle repairs or replacement.

It’s important to note that this timeline begins on the date of the accident, not when the at-fault driver is identified (if they are eventually located). In rare cases, exceptions may apply, such as when a victim was unaware of their injuries immediately after the accident, but these situations are limited and often require legal assistance to pursue.

Why Acting Quickly Is Critical to Your Case

While Pennsylvania law provides a two-year statute of limitations, waiting too long to begin the claims process can harm your case.

Acting quickly after a hit-and-run accident is crucial for several reasons:

• Preservation of Evidence: Evidence such as surveillance footage, eyewitness accounts, and physical damage to the vehicles can deteriorate or disappear over time. Acting promptly increases the likelihood of preserving valuable evidence that supports your claim.
• Witness Testimony: Witnesses’ memories fade with time, and their willingness to cooperate may decrease. Gathering statements early ensures that their accounts remain accurate and reliable.
• Insurance Deadlines: Insurance companies often impose their own deadlines for filing claims, which may be much shorter than the statute of limitations. Delaying action could result in losing access to important coverage, such as uninsured motorist (UM) benefits.
• Avoiding Legal Challenges: Filing your claim well before the statute of limitations expires reduces the risk of procedural errors or delays that could jeopardize your case. Courts are unlikely to grant exceptions for missed deadlines, even if the delay was unintentional.

The statute of limitations is one of the most critical factors in any hit-and-run claim. Acting within the required time frame is essential to preserving your rights and securing the compensation you need to move forward. Delaying action can result in lost evidence, uncooperative witnesses, and missed opportunities to recover damages.

At Luxenberg Garbett Kelly & George P.C., our team is ready to help you act swiftly and effectively. Time may be limited, but with the right legal support, you can take the necessary steps to protect your future.

Contact us today at (724) 658-8535 for a complimentary and confidential.