Hit and run accidents can cause additional stress and concern for accident victims because of the uncertainty that surrounds who will cover the costs of their medical care, lost wages, pain and suffering, and other expenses and losses. There are options, however, to pursue the payout you need and deserve if you are the victim in this type of accident. A Destrehan hit and run accident lawyer from Morris Bart, LLC can review your case and help you understand your options. Call (504) 613-4771 today to discuss your hit and run accident case with one of our car accident lawyers. Even if we cannot help you identify the liable party, we may be able to secure evidence to support your claim and pursue a settlement based on your uninsured motorist insurance policy.
Seeking Damages in a Hit and Run Accident Case in Destrehan
In a car accident in Destrehan, the at-fault party generally covers the cost of the accident they caused under Louisiana’s fault-based accident laws. According to the Louisiana Department of Insurance, all drivers in Louisiana must carry an auto liability insurance policy to pay for the damages victims suffer when the policyholder causes an accident. Hit and run accidents, though, pose a problem for accident victims because, in a hit and run accident, it is sometimes impossible to file this type of claim because the liable party left the scene of the accident. In general, there are a few ways to rectify this situation and help accident victims recover the compensation they need to pay for their medical care, lost wages, and other damages.
Identifying the Hit and Run Driver or Other Liable Parties
Sometimes, it is possible to identify the driver who caused a hit and run accident even if the police did not identify them immediately following the accident. Evidence such as security camera footage of the accident or eyewitness testimony may be useful for helping to prove the at-fault driver’s identity. Then, the case can proceed as normal. In some cases, there may be additional liable parties that could pay out a portion of the victim’s losses and expenses depending on the facts of the case.
Filing an Uninsured/Underinsured Motorist Claim
If you live in Louisiana, you likely have uninsured/underinsured motorist (UM) coverage. You must opt-out of this coverage in writing under Louisiana law RS 22:1295. Otherwise, your insurance company will provide it in addition to your auto liability policy and with the same policy limits. If we cannot identify the hit and run driver, we can collect evidence to support your claim and file a claim with your insurance provider based on this policy. We will file your claim seeking compensation for your medical care costs, lost wages, pain and suffering, and other losses. Because of the policy limits, you may not recover the full scope of your damages if you suffered serious injuries.
Pursuing Damages Based on Other Sources of Coverage
If you do not have uninsured motorist coverage, your medical insurance may cover the cost of your medical treatment and ongoing care, minus any deductibles that apply. We can help you file this claim or identify other possible sources of compensation. Your auto collision coverage, if you have it, will cover the repairs to your vehicle. Our New Orleans, LA office serves all major suburbs and parishes, including St. Charles Parish and Destrehan. Reach out to Morris Bart, LLC today for your free case review. You can reach someone now by calling (504) 613-4771.
For a free legal consultation with a Hit and Run Accident lawyer serving Destrehan, call 800-537-8185
Recoverable Damages in a Destrehan Hit and Run Accident
The recoverable damages in a car accident case can vary, but generally include a wide range of expenses and losses the victim endured as a result of the accident. These damages could include:
- Current and future medical treatment and related care
- Current and future lost wages
- Diminished earning capacity
- Out-of-pocket costs related to the accident or their injuries
- Pain and suffering
- Other noneconomic damages
- And possibly more if you qualify
If we can identify a liable party in your case, these are the damages we may be able to recover on your behalf by filing a liability insurance claim or taking the case to court. If we need to pursue an insurance settlement based on your UM policy, the same types of damages may be available. We may be able to recover these damages up to the limits of your policy, based on the facts of your case.
There Are Strict Deadlines in These Cases
Louisiana Civil Code Article 3492 gives car accident victims only one year to take legal action against the driver who caused their accident. If the victim does not file a lawsuit before the first anniversary of their accident, they are likely to lose the right to take the case to court and recover an award. If we file a claim based on your uninsured motorist policy, however, we may need to act much faster. Many insurance companies require policyholders to notify them within a few days or weeks of an accident, or as soon as their injuries allow. If you reach out to us immediately following your accident, we can go to work immediately and help protect your right to compensation.
Talk to a Destrehan Hit and Run Accident Attorney About Your Case
If you suffered injuries in a Destrehan hit and run accident, a Destrehan hit and run accident lawyer from Morris Bart, LLC’s New Orleans office may be able to help you explore your options for pursuing compensation to cover your accident-related damages. We can help you manage securing evidence and filing an insurance claim, as well as negotiating a just settlement. Call us today at 504-613-4771 to get started with a complimentary consultation. We offer free case reviews and handle these cases on a contingency basis.
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