As a US driver, the chances that you will be involved in a hit-and-run accident are significant and growing. Data varies by source, but roughly 700,000 hit-and-run wrecks happen every year in the US. And, according to the Insurance Institute for Highway Safety and Highway Loss Data Institute (IIHS-HLDI), as many as 25% of them are fatal accidents involving pedestrians.
If you’ve been involved in a hit-and-run accident, you have important questions. You are likely wondering:
Our team of experienced insurance agents is here to answer all these questions in an unbiased, understandable way; especially questions about whether your insurance will cover hit-and-run accidents. We’ll explore everything you need to do after a hit-and-run accident, from the perspectives of both the at-fault driver and the victim.
First things first, though, if you think you are the at-fault party in a hit-and-run, and you fled the scene of an accident, you should reach out to an attorney, then your insurance company, and law enforcement right away.
This is your ethical obligation to “do the right thing.” And even if you are panicking, and worried that you caused an accident, remember that fault laws can be complicated, and you may not be the at-fault party. It’s best to talk to an attorney before turning yourself in.
Remember, this is why you have liability coverage, to pay for damage and injuries you cause in a car accident.
Does Insurance Cover Hit-and-Run Accidents?
The answer depends on the type of insurance coverage you have, your role in the accident, the behavior of other parties, and state laws. Remember, your liability coverage exists to pay for damage you cause to others. So, if you contact law enforcement and your insurer right away, things will probably work out.
Your Liability Coverage Will Cover Damages & Injuries to Others
Legal, licensed, insured, sober drivers have no reason to leave an accident scene, even if they believe they are “at fault” or believe they caused the accident.
Let’s imagine that you caused a minor fender-bender on the way to work and sped away in a panic. This sort of accident happens all the time! You can still fix this by contacting law enforcement and your insurance company right now.
The sooner you make this right, the better. Between dashboard cameras, traffic cameras, witnesses and license plate numbers, you will get caught eventually, and the penalties can be severe for hit-and-run accidents.
On the other hand, once you explain that you panicked, and make your auto insurance available to the other party, they will be indemnified for their losses. (In insurance-speak, to indemnify is to make whole financially, after a loss.) The chances that you’ll be prosecuted for bad behavior decrease, and the chances that you will get sued become smaller.
Are Drunk Drivers Automatically At-Fault in a Hit-And-Run?
The answer to this question depends on your state laws. In some states, if a person is driving under the influence with a blood alcohol level (BAC) of 0.08% or more, they are automatically at fault in any accident. Yes, even if they are rear-ended at a stop light.
At the time of writing, this is the law in New York State, which is otherwise considered a “no fault” state. Put another way, in NY, a drunk driver is always considered at fault, though they may not be the sole party at fault in a hit-and-run accident.
Conversely, California does not consider a drunk driver to be automatically at fault. A hit-and-run accident can have nothing to do with their intoxication, but they may still be charged with a DUI.
Now, let’s explore what to do after a hit-and-run accident, assuming you are the victim.
What to Do After a Hit-and-Run
This may seem obvious, but human safety is paramount. If you are the victim of a hit-and-run accident, call law enforcement right away and dial 911 if you need medical attention. If you saw the other driver’s license plate number, write it down or put it in your cell phone.
If your passengers include children, seniors, or someone with special medical needs, it’s best to err on the side of caution and call 911 for a checkup. This is true even if everyone claims to be okay.
Assuming everyone is healthy, try to take some cell phone photos of the damage to your car and any details at the scene, like broken glass on the pavement. Your heart is probably pounding, but do your best to stay calm, and stay out of the way of moving traffic.
Sometimes, law enforcement might take a while to arrive. If witnesses are there but need to leave, get their names and phone numbers.
What to Do When Law Enforcement Arrives After a Hit-and-Run
You might be very upset, especially if your child was injured or your favorite car seems to be totaled. Still, take a few deep breaths and try to remain calm. Your focus and attention to detail may help police catch the offending driver.
Law enforcement will:
- Ask for your license, insurance and registration papers
- Ask for a description of the other vehicle involved, and the driver
- Start a police report, and give you a copy of the document
- Help decide if anyone needs medical attention and summon help
If they suspect you are driving under the influence, they may also administer field sobriety tests, breathalyzers and the like.
Assuming you are healthy, be sure to point out the damages to your vehicle and other evidence like broken glass or skid marks on the asphalt.
Regarding the other driver, it helps if you can remember:
- A license plate number
- The general year, make and model of the other vehicle
- The color of the other vehicle
- A description of the driver
- Any identifying marks on the vehicle, like bumper stickers, dents, or tinted windows
Law enforcement will also take this information from any witnesses, so provide them with the names and phone numbers of witnesses that had to leave.
Never Admit Fault (even if You Believe it Was Partially Your Fault)
After a hit-and-run accident, you may feel emotionally overwhelmed. Do not admit fault, even if you think it was somehow partially your fault.
Remember, fault laws can be complicated. So, even if you think you stayed at that stop sign a little too long, or made a turn a little too slowly, never make any indication that a hit-and-run accident was your fault.
Next, it’s time to call your insurance company.
Calling Your Insurer After a Hit-and-Run
Your auto policy has a phone number listed at the top of the document for the claims department. If you cannot find the policy, do a quick internet search on your phone.
The claims department will ask you about:
- The health of everyone involved
- The time, date and location of the accident
- The description of damage to your vehicle
- The description of the other driver and vehicles
- The name of the police officer
- The names of other agencies, like a tow truck company or ambulance service
From there, you will get a claim number.
Pro tip: Always keep a copy of your auto insurance policy in your glove box. While most states now allow a driver to carry/access the electronic copy of their auto insurance policy in their cell phone, it’s wise to keep a copy in the glove compartment as well. This way, if you forget your phone or someone else is driving your car, everyone has access to the insurance documents.
Now, you’re probably wondering if your insurance will cover the hit-and-run accident if you are the victim. This depends on your insurance coverages.
“Will Insurance Cover a Hit-and-Run Accident If I was the Victim?”
If you only have liability coverage on your auto, no.
Liability insurance only exists to pay for damages you cause to others. You will pay to repair your vehicle out-of-pocket, unless the other driver is discovered.
Your health insurance, however, will pay for medical costs. These could include:
- Ambulance rides
- Emergency room visits
- Operating room and surgery costs
- Medication costs
- Ongoing X-rays
- And physical therapy
If you have full-coverage auto insurance, your auto insurance will likely pay for most of the damage.
Full-coverage policies, sometimes called “new car insurance” or complete coverage packages, will cover the damage done to your auto. In most cases, you will not need to pay a deductible, if you are not found at-fault. (Remember, never admit to any part of fault after an accident.)
Now, let’s move on to auto insurance premiums after a hit-and-run accident.
Will a Hit-and-Run Claim Increase My Premium?
Once again, we come to a point where insurance gets complicated. It depends on your behavior, driving history, and other points.
If You Caused an Accident and Fled
If you caused a hit-and-run accident and fled the scene, and are eventually found, your insurance costs will almost certainly increase.
In fact, your insurance company may decide to label you as a moral hazard, and they may choose not to insure you in the future. They will also consider your past driving record, claims history, age and more when making this decision.
If You Fled but Immediately Contacted Law Enforcement
People panic. In some states, if you leave the scene of an auto accident, but come to your senses right away and contact law enforcement, you might not face extra charges. (Remember to call a lawyer if this is you.)
In this case, your auto insurance costs will almost certainly increase. You caused the accident, so your liability coverage will pay for the damages and injuries to others.
Again, if you have a bad driving record, a history of DUI, or several claims, your insurer may decide to non-renew your policy, and you will be shopping for auto insurance soon.
If You Are the Victim of a Hit-and-Run Accident
With a Liability-Only Policy
If you have liability coverage only, and the accident is 0% your fault (in states that recognize fault), and you were totally sober, then no. Chances are your insurance prices will not change. That’s because the insurance company knows you did nothing wrong, and they don’t need to write any checks for repairs.
However, if you were under the influence, your premium might increase. DUI is illegal in every state.
With a Full-Coverage Policy
If you have full coverage, it is less common, but still possible, for your premium to increase.
In a perfect world, your insurer realizes you had no fault in in this accident. They pay for damages (up to policy limits), and they will try to hunt down the insurance company of the hit-and-run driver. Then, they will sue that other insurance company for the damages in a process called subrogation.
If you were sober, and generally a safe driver and good customer, chances are slim that your insurance premium will increase after a hit-and-run accident.
Conversely, if you are found to be drunk, or were speeding, or ran a red light, or some other issue comes up, your insurance rates could possibly increase after this hit-and-run accident.
And, if you’ve had several claims lately, your auto insurance premiums might increase after a hit-and-run accident.
Finally, let’s quickly answer a very common question, “What happens if I hit-and-run?”
What Happens if I Hit-and-Run?
At Einsurance.com, we are insurance experts. We are not attorneys. The legal ramifications of a hit-and-run accident range from traffic tickets to jail time. It all depends on your local laws and the damage caused. Our best advice is to contact an attorney right away, who will help you speak to law enforcement. Then, contact your auto insurance provider so they can move forward handling the claims for damage or injury to others.
