In Arizona alone, there were 74 hit-and-run deaths in 2024. However, many hit-and-runs are bumper taps or sideswipes that do not result in injury, making the at-fault driver believe they can get away without consequences. The bottom line is that hit-and-runs in California, New Mexico, Colorado and Arizona are extremely common but also still extremely harmful.
So, how do you know what to do after a hit-and-run? It can be a shocking and confusing situation, but there are steps to follow to make sure you hold the other person accountable.
What Constitutes a Hit-and-Run?
A hit-and-run accident is a collision in which the at-fault driver leaves the scene before police show up. Motorists have an obligation to report all car accidents to the police, especially if they result in injury or serious damage. The law states that both drivers must remain at the scene to exchange insurance information and comply with police investigations.
In some cases, a hit-and-run can be a felony offense. Most car accident claims are civil cases, which means that the injured person seeks compensation through the legal process without pressing criminal charges. Committing a hit-and-run is a misdemeanor criminal offense, though. If someone dies or becomes injured in the hit-and-run, it will escalate to a felony with very harsh penalties.
What Should You Do After a Hit-and-Run Accident?
You might understandably feel upset and frustrated if someone hits your vehicle and flees the scene. However, the most important thing to do is to remain calm and take care of your own well-being. You should still call 911 so the police can investigate the accident site and generate a police report.
The next thing to do is document the scene and report to your insurance company. Take photos of the damage to your vehicle, any skidmarks on the ground and the overall scene. Look around for witnesses who possibly saw the crash happen. Call your auto insurance provider and explain the facts. Avoid speculation and be careful of saying anything that might seem like an admission of fault.
If you were in your vehicle when the hit-and-run happened, make sure to seek medical attention as soon as possible. Even a slight collision can cause whiplash, internal trauma or other conditions that can cause long-term problems if you do not discover them quickly.
Should You Chase After a Hit-and-Run?
The number one thing you should not do after a hit-and-run is chase the other driver. Acting aggressively can make it much more likely for another accident to happen. Your top priority is to stay at the scene and report to the police.
Instead, try to remember as many details about the other vehicle as possible. Memorizing the license plate number is ideal, but this can be extremely difficult in a sudden and stressful situation. Even just remembering the make, model or color of the other vehicle can be helpful for the police investigation.
How Do You Get Compensation After a Hit-and-Run?
It can seem difficult to get compensation for a hit-and-run because you might have no clue about who caused the accident. The first step in making sure you recover your damages is to contact a personal injury lawyer.
Consulting with an attorney will help you understand how much your hit-and-run claim is worth. They can also guide you on what to do after a hit-and-run accident. Your legal team will explain what evidence you can use to convict a hit-and-run. By working closely with your lawyer, you will give them the best chance at successfully investigating and finding the person responsible for your accident.
Should I File an Insurance Claim if I Am Not at Fault?
Yes, you can and should file an insurance claim with your insurance provider after a hit-and-run, even if you are not at fault. While you would typically file a claim against the at-fault driver’s insurance company, that might not be an option if you cannot identify who caused the accident. Your auto insurance provider gives you options to overcome this conundrum.
If you have uninsured or underinsured motorist coverage on your policy, it will cover your damages if an unidentified driver causes a hit-and-run. You can also use collision coverage, personal injury protection, or medical payments coverage to help with your expenses, regardless of who is at fault.
What Is the Statute of Limitations for a Hit-and-Run?
Hit-and-run accidents usually share the same statute of limitations as other types of personal injury cases. After the statute passes, it becomes impossible to pursue compensation for the incident. This deadline differs slightly from state to state.
At Sargon Law Group, we handle hit-and-run cases in Arizona, New Mexico, Colorado and California. We remain mindful of the different statutes of limitations in each state and plan our legal strategies accordingly. The statute of limitations is two years in Arizona and California.
Colorado’s hit-and-run laws provide a three-year statute of limitations, and the same is true for New Mexico. This longer time span can give you more opportunity to rest and recover before filing, but it is still important to act quickly.
If you decide to press criminal charges for a hit-and-run that caused injury or wrongful death, you will go through a separate legal process with a different statute of limitations. A felony hit-and-run in California has a statute of limitations of six years. In Arizona, that deadline is seven years. The statute of limitations varies in Colorado and New Mexico based on the severity of the felony.
Will I Need a Lawyer for My Hit-and-Run Accident?
It is always a good idea to have a lawyer to help you after a hit-and-run accident. While it is usually clear who is at fault in a hit-and-run, there are still several advantages to having an attorney on your side.
The hit-and-run accident attorneys at Sargon Law Group can help you get the best possible result by:
- Conducting an investigation to find the at-fault driver
- Collecting evidence to establish how much your claim is worth
- Filing your claim and completing other paperwork for you
- Negotiating with insurance companies on your behalf
- Representing you in court if necessary
Sargon Law Group Can Help With Your Hit-and-Run Accident
At Sargon Law Group, we handle a wide variety of car accident cases throughout Arizona, New Mexico, Colorado and California. We are passionate about using our experience to help you decide what to do after a hit-and-run.
We offer a free, no-risk consultation so you can be informed when you file your insurance claim. Contact us to schedule your case evaluation today.