The most common personal injury lawsuit in the state of Florida involves auto accidents. Very few motorists have avoided being in an accident of some kind. Many of those drivers have experienced an injury due to the crash. Because of the no-fault policy in this state, each individual’s insurance is expected to cover damages, both medical and property. However, if your damages exceed the limits of your own policy, you do have the right to seek compensation from the at-fault party. However, if the at-fault driver leaves the accident scene, it can be difficult on many levels for those left behind. Most victims of hit-and-run accidents have a more challenging time dealing with the fallout from the accident as the at-fault driver who caused the accident cannot be located.

at-fault drivers

Suppose the driver who is responsible for the accident left the scene. In that case, there are still steps you can take to get appropriately compensated for your injuries and losses – including pain and suffering.

If the At-Fault Driver is Not Present

  1. To assist law enforcement in finding the missing driver, you will want to provide as many details as possible. While it is understandable that you may be confused or disoriented after the shock of an accident, the more details you can remember, the better. Your attorney will also be able to defend you more successfully if you can provide this information. This includes:
    • Provide a license plate number if possible – even a portion of the number may help track down the vehicle. Don’t forget to take note of the state if it is not Florida.
    • Write down the type and color of the vehicle as best you can. You might wish to ask any eyewitnesses if they noticed vehicle information, as bystanders typically have their wits about them more so than those who just experienced the trauma of a crash.
    • If you saw any identifying characteristics about the driver – a young man or older woman, for example – that may help narrow down the search.
  2. As with any accident, you will want to pull to the side of the road if possible and get yourself to a safe location. Call the police and emergency medical services even if you don’t feel injured. Adrenalin can mask pain in the aftermath of an accident, and you may be injured without even knowing it. If they recommend that you be transported to a hospital, go and get checked out even if you do not feel it necessary. Having this preliminary medical report will be very helpful should the case go to litigation or negotiation.
  3. Once you have secured the situation, you will want to call your insurance company to report the incident. At this time, you will also want to contact an experienced personal injury attorney who has expertise in hit and run accidents. If you are not successful in finding the missing driver, you may still file an uninsured motorist claim.

If you have been in an auto accident and believe you have a case to pursue additional compensation, call the attorneys at Probinsky & Cole. Our Tampa, Sarasota, and Orlando area lawyers are here to help.

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