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The screech of tires, the jolt of impact, and then… silence. You look up to see the other car speeding away, disappearing into traffic. Being the victim of a hit and run is a uniquely jarring and isolating experience.
One moment you are driving home from your job downtown, and the next you are left alone on the side of the Dan Ryan Expressway to deal with the physical, emotional, and financial fallout.
When the person responsible vanishes, the path to getting compensation for your injuries and vehicle damage becomes incredibly complicated. This is the exact moment when the support of a Chicago hit and run accident lawyer can provide direction and a sense of control in a situation that feels anything but.
This information is for general educational purposes and does not constitute legal advice. The specifics of your situation are unique.
The First Hurdle: Who Pays When the At-Fault Driver is Gone?
In a typical car accident, you file a claim against the at-fault driver’s insurance. But in a hit and run, the driver is unknown. This is where your auto insurance policy comes into play, specifically a type of coverage called Uninsured Motorist (UM) coverage.
Uninsured Motorist coverage is something you buy to protect yourself. It is designed for situations just like this.
- It applies when you are injured by a driver who has no insurance at all.
- It also applies in a hit and run, where the driver cannot be identified and is therefore treated as uninsured.
- This coverage can help pay for your medical bills, lost wages, and other related costs.
Many assume that the process will be simple and friendly because they are making a claim with their own insurance company. Unfortunately, that is not always the case.
This is the first major reason to consider working with a hit-and-run accident attorney.
Why You Need a Hit and Run Accident Attorney for Your Insurance Claim
Even though you are dealing with the company you pay premiums to every month, a UM claim is still an adversarial process. This means your insurance company’s financial interests are in direct opposition to yours. They protect their bottom line above all else by paying out as little as possible on claims.
An experienced hit-and-run accident attorney understands how to navigate this process on your behalf. An attorney is your advocate, managing complex and often frustrating communications with the insurance adjuster.
Their involvement signals to the insurance company that you are serious about receiving a fair outcome. Here are some tasks a hit and run accident attorney can handle for you:
- Managing All Communication: They will take over all phone calls, emails, and correspondence with the insurance company, so you can focus on your medical treatment and recovery.
- Protecting You from Recorded Statements: Adjusters will ask to take a recorded statement. While it sounds routine, they can use your words against you later. An attorney can prepare you for what to say or handle the statement for you to protect your interests.
- Fighting Lowball Settlement Offers: Insurance companies often start with a quick, low settlement offer, hoping you will take it out of desperation before you know the full extent of your injuries. An attorney can assess the true value of your claim and negotiate for a fair amount.
A Deeper Look: The Investigation a Hit and Run Accident Attorney Can Launch
One of the most valuable roles a hit-and-run accident attorney can play is that of an investigator. While the police create a report, their resources are often stretched thin, and they may not have the time to conduct the in-depth investigation your case deserves.
An attorney’s team can immediately get to work trying to identify the person who fled the scene. A private investigation can uncover evidence that might otherwise be lost. Time is a factor, as things like security camera footage are often deleted on a short cycle.
Potential avenues of investigation include:
- Canvassing for Witnesses: Someone may have seen something. An investigator can return to the crash scene to speak with residents or employees of nearby businesses, like a coffee shop in Lincoln Park or a storefront in Wicker Park, who might have seen the vehicle.
- Searching for Surveillance Footage: Many businesses, traffic light cameras, and even residential doorbell cameras capture footage that could have recorded the fleeing vehicle’s license plate or other identifying features. An attorney knows how to formally request and preserve this evidence.
- Working with Local Auto Body Shops: A vehicle involved in a significant collision will have damage. Investigators can sometimes put out alerts to local repair shops to be on the lookout for a car matching the description with front-end or side-panel damage.
Even if the driver is never found, this thorough investigation strengthens your UM claim. It demonstrates to your insurance company that a comprehensive effort was made and that the other driver is unidentifiable, justifying your Uninsured Motorist insurance.
Proving Your Case: Documenting Your Losses
Whether you are pursuing the hit and run driver or filing a UM claim, the burden of proof is on you. You must prove not only that the other driver was at fault but also the full extent of the harm you have suffered.
A hit and run accident attorney is skilled at building a case that clearly documents all your losses. These losses are legally known as “damages,” and they fall into two main categories.
- Economic Damages: These are the tangible, calculable financial costs resulting from the accident. This includes things like hospital bills, ambulance fees, ongoing physical therapy costs, prescription medication, and any income you lost because your injuries prevented you from working.
- Non-Economic Damages: These are the intangible, personal losses that do not have a fixed price tag. This includes the physical pain and suffering you have endured, the emotional distress and anxiety from the traumatic event, and any permanent scarring or loss of quality of life.
Accurately calculating these damages, especially the non-economic ones, is a complex task. An attorney works with you to gather all the necessary documentation to present a comprehensive demand package to the insurance company.
This documentation often includes:
- A complete set of your medical records and bills.
- Pay stubs and employer statements to verify your lost wages.
- Photos of your injuries and your damaged vehicle.
- A personal journal detailing how the injuries have impacted your daily activities.
Deadlines with a Hit and Run Accident Attorney
The legal system operates on strict deadlines. In Illinois, Medical Malpractice the statute of limitations is the legal deadline for filing a case.
Your insurance policy also contains deadlines and procedural requirements for filing a UM claim. Failing to meet these deadlines or follow the correct procedures can result in your claim being denied outright.
A hit and run accident attorney files all paperwork correctly and on time, protecting your right to seek compensation.
The “Phantom Vehicle” Case: When No One Actually Hits You
Imagine you are driving on I-90 when a car in the next lane suddenly swerves toward you. You react instantly, yanking the wheel to avoid a collision. Your car hits the concrete median, but you successfully avoid the other vehicle.
The problem is the driver who caused you to crash never stops. They just keep going, perhaps completely unaware of the wreckage they left behind. This is often called a “phantom vehicle” accident.
Since their car never made physical contact with yours, it can be tough to prove that another driver was even there. This is a scenario where a hit-and-run accident attorney becomes invaluable.
Your insurance company will likely be very skeptical of your claim. From their perspective, it could look like you simply lost control of your car. To make a successful Uninsured Motorist (UM) claim in a no-contact accident in Illinois, you often need to provide proof that the phantom vehicle existed.
This proof is legally known as corroboration, which is another way to say you have evidence besides your own word.
A hit and run accident attorney knows how to immediately start searching for this critical evidence.
- Finding an Independent Witness: An attorney’s investigator can canvass the area for other drivers, pedestrians, or workers who saw what happened and can confirm your account.
- Locating Objective Evidence: They can look for nearby traffic or security cameras that may have captured the event, or even hire an accident reconstructionist to analyze tire marks on the pavement to show the movements of two separate vehicles.
- Building a Factual Narrative: They will compile all available evidence into a strong, factual case to show your insurer that your accident was, in fact, caused by a negligent driver who fled the scene.
Without this dedicated effort to find corroborating evidence, your insurance provider has a much easier path to denying your claim, leaving you to cover all the costs of an accident you did not cause.
Finding Your Footing After the Unthinkable
The feeling of being struck and then abandoned by another driver is one of profound vulnerability. It can leave you feeling powerless against a faceless wrongdoer and a massive insurance corporation.
Hiring a hit and run accident attorney is about regaining a measure of control. It is about placing the administrative burdens, the investigative work, and the tough negotiations into the hands of a professional advocate so that your energy can be devoted entirely to your health, your family, and your recovery.
If you or a loved one has been injured by a driver who fled the scene in Chicago, you likely have many questions. The team at Walner Law—a seasoned Chicago personal injury lawyer—is here to offer a listening ear and discuss your situation.
We provide a no-cost consultation to help you understand your options. Call us at (312) 410-8496 to talk to someone today.
Frequently Asked Questions
What happens if the hit and run driver is eventually found?
If the police or an investigation successfully identifies the at-fault driver, your options change. A hit and run accident attorney can help you decide the best course of action.
- You could file a claim directly with their auto insurance company (if they have any).
- You could file a personal injury lawsuit directly against the driver.
- Your attorney would advise on which path is most likely to result in you recovering your losses.
Will my insurance premiums go up if I file an Uninsured Motorist (UM) claim?
In Illinois, state law prohibits insurance companies from raising your rates or canceling your policy for filing a claim related to an accident that was not your fault.
Since a hit and run is by definition not your fault, making a UM claim should not negatively impact your insurance premiums.
What are the most important things to do right after a hit and run accident?
Your safety and health are the priority. If you are able, try to do the following:
- Call 911: Report the accident and request police and medical assistance if you are injured. Tell the dispatcher that the other driver fled the scene.
- Gather Information: If you can, write down everything you remember about the other vehicle: its make, model, color, and any part of the license plate number. Note the direction it was heading.
- Look for Witnesses: If there are other people around, ask for their names and contact information. They may be able to provide a statement to the police.
- Seek Medical Attention: Even if you feel okay, some serious injuries may not show symptoms right away. Get a medical evaluation to be safe.
