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Standing Up for Crash Victims
As the victim of a hit and run accident, you might think that you have no recourse and will be stuck with paying for your losses. That might not always be true, and there could be options to pursue. This is the type of scenario you want to bring to Curcio Law. We’re the exact type of experienced Alexandria hit and run accident lawyer that can provide you with support and guidance to seek out a fair resolution. So, get in touch with our law office now.
Any type of accident is going to be emotionally and physically jarring. For some, their “flight” instinct kick in, and they leave the scene. They might think that it was only a slight tap of fenders and no damage was done. Or they could be in a genuine panic and speed away from the accident scene to assess their own damage. Whether it is a minor bump or a major collision, Virginia law § 46.2-894 is very specific:
“The driver of any vehicle involved in an accident in which a person is killed or injured or in which an attended vehicle or other attended property is damaged shall immediately stop as close to the scene of the accident as possible without obstructing traffic, as provided in § 46.2-888, and report his name, address, driver’s license number, and vehicle registration number forthwith to the State Police or local law-enforcement agency, to the person struck and injured if such person appears to be capable of understanding and retaining the information, or to the driver or some other occupant of the vehicle collided with or to the custodian of other damaged property. The driver shall also render reasonable assistance to any person injured in such accident, including taking such injured person to a physician, surgeon, or hospital if it is apparent that medical treatment is necessary or is requested by the injured person.”
The motorist who leaves the scene can be charged with a felony and could face up to five years in jail if convicted. Despite the law, hit and run accidents still occur at an alarming rate. According to the Virginia Highway Safety Office, there were 5,947 hit and run accidents in 2023.
Filing an Insurance Claim
As of July 2024, a law requiring all Virginia car owners to carry liability insurance went into effect. The minimum requirements for those policies after January 1st, 2025, are the following:
- Injury or death of one person – $50,000
- Injury or death of two or more people – $100,000
- Property damage – $25,000
You also have the option to add uninsured motorist (UM) or underinsured motorist (UIM) policies to your overall auto insurance. With UIM insurance in place, you can be compensated for losses that exceed the other driver’s insurance. For instance, if they have the minimum amount for injuries at $50,000 but your medical bills total out at $75,000, your insurance company will make up the difference.
The UM policy could apply to a hit and run accident. With a hit and run, the other motorist will be designated as “John Doe.” When the facts of your accident have been confirmed with a police report or judicial ruling, your insurance company should honor the UM policy and pay for your losses.
If you don’t have a UM policy, you still might be able to get your insurance company to pay for the damages. Having an Alexandria hit & run accident lawyer acting as your advocate can help facilitate the claim process with your insurance company.
Going To Court With an Alexandria Hit and Run Accident Lawyer
When there is resistance from your insurance company to compensate for your losses, you and your attorney might opt to file a civil lawsuit against the company. In that situation, without the hit and run driver, it will be relatively easy to establish who is at fault. What needs to be determined is what is owed by the insurance company.
The attorneys at Curcio Law can argue on your behalf in the hopes of achieving a positive outcome. We will also continue negotiating with the insurance company to reach a reasonable settlement. Many of these cases are settled out of court, and we will always strive for that outcome.
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Injured in a hit and run accident? There is still hope for the future. Let a skilled injury attorney be your steadfast legal guide as you seek compensation for damages.
Recoverable Damages if a Driver Flees the Scene of an Injury Crash
Just because you might not be able to immediately identify the at-fault driver in your hit and run accident doesn’t mean you aren’t entitled to the normal range of damages that would be associated with an accident. Those include economic and noneconomic damages, including the following:
- Emergency room and urgent care costs
- Surgery (if required)
- Medical supplies such as crutches, wheelchairs, etc.
- Follow up doctor exams
- Prescription medications
- Physical therapies
- Lost wages
- Pain and suffering
- Future earning potential
- Mental anguish
- Car repair or replacement
- Loss of companionship
If the hit and run driver is ultimately found and you file a civil complaint against them, the jury could award you punitive damages. This would be an amount meant to punish the at-fault party. In Virginia, there is a cap of $350,000 for punitive damages, according to Virginia law § 8.01-38.1. That is still a significant amount.
Finding the Hit and Run Driver
A hit and run driver might think at the moment that they are getting away with taking responsibility for an accident. Thanks to eyewitnesses, dash cameras and traffic surveillance, it is hard for a hit and run driver to stay in hiding. According to Inside Arlington, an area driver in a critical hit and run accident was arrested.
That is another reason to work with an experienced Alexandria hit & run accident lawyer. At Curcio Law, we have a team of skilled investigators who can coordinate with the police to help track down the at-fault driver. When that happens, we can directly pursue damages through that driver’s insurance carrier or personal assets.
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Retaining Curcio Law for Support After a Hit and Skip Collision
Just because you’ve been involved in a hit and run accident doesn’t automatically mean you won’t be able to recover your losses for medical bills or property damages. The team at Curcio Law is standing by to provide the resources and information you’ll need to pursue this matter. We have years of experience negotiating with all the major insurance companies. We also know about accident reconstruction and are capable of presenting a strong case in front of a jury on our client’s behalf.
You can schedule a consultation today to share your story and ask questions about the best way forward. An Alexandria hit and run accident lawyer is ready to listen and to help.