A hit-and-run accident can leave you injured, overwhelmed, and unsure about your next steps. If you were hurt in a hit-and-run crash in Louisiana, you may think you cannot recover compensation because the at-fault driver fled the accident scene. In many cases, that is not true. Louisiana law may still allow you to obtain compensation via uninsured motorist coverage (UM coverage) or other legal claims depending on the facts of your accident.

What Is a Hit-and-Run Accident Under Louisiana Law?

Louisiana Revised Statutes § 14:100 defines hit-and-run driving as the intentional failure of a driver involved in or causing an accident to stop, provide identifying information, and provide reasonable aid to injured people. In other words, a driver cannot legally leave the scene of a crash without stopping and fulfilling those legal duties.

Louisiana Revised Statutes § 32:398 also requires drivers to report accidents involving injury, death, or property damage exceeding $500 to the proper law enforcement agency. Depending on where the accident occurred, this may involve the city police department, parish police department, or Louisiana State Police.

Even when the at-fault driver disappears, you may still have legal options available.

Can You Recover Compensation After a Hit-and-Run Accident?

You may still be able to file a claim after a hit-and-run accident in Louisiana. One of the most important sources of recovery is uninsured motorist coverage, often referred to as UM coverage.

Louisiana Revised Statutes § 22:1295 generally requires automobile insurers to offer uninsured motorist coverage unless the policyholder properly rejects it in writing or selects lower limits. UM coverage may help pay for medical bills, lost wages, pain and suffering, future treatment costs, and other damages when the responsible driver is unidentified, uninsured, or underinsured.

Hit-and-run crashes are frequently handled through uninsured motorist claims because the fleeing driver may never be identified.

Louisiana Revised Statutes § 22:1295 also contains important rules for “miss-and-run” accidents where there was no physical contact between vehicles. In these situations, the injured person generally must prove through an independent and disinterested witness that the injuries resulted from the actions of another unknown, uninsured, or underinsured driver.

What Compensation May Be Available?

Louisiana Civil Code Article 2315 states that a person whose fault causes damage to another is responsible for repairing that damage. In a hit-and-run accident case, compensation may include medical expenses, lost wages, future medical care, pain and suffering, property damage, and other accident-related losses.

Louisiana Civil Code Article 2323 follows a comparative fault system. This means insurance companies may attempt to argue that another party, including the injured person, contributed to the accident. Even when the at-fault driver fled the scene, insurers may still dispute how the crash occurred or the value of your injuries.

What Should You Do After a Hit-and-Run Accident?

You should seek medical attention immediately after a hit-and-run accident, even if your injuries initially seem minor. You should also report the crash to law enforcement as soon as possible.

Evidence often becomes critical in hit-and-run claims. Photographs, witness statements, surveillance footage, dashcam video, police reports, and debris from the accident scene may all help support your case. Taking action quickly may improve the chances of identifying the fleeing driver or strengthening your uninsured motorist claim.

Louisiana Revised Statutes § 9:5629 provides an action to recover damages sustained in motor vehicle accidents pursuant to uninsured motorist provisions must be brought within two years from the date of the accident.

Louisiana Hit-and-Run Accident Lawyer

A hit-and-run accident can leave you dealing with painful injuries, medical expenses, and uncertainty about your future. You do not have to handle insurance companies and Louisiana injury laws alone. Attorney Delsa can help you understand your legal rights and options after a hit-and-run accident. Contact Delsa Law Firm, LLC by calling (985) 882-1222 or contacting us online for a free consultation.