Injured in a Chicago Hit-and-Run? How to Protect Your Claim & Get Compensation

Being hit by a driver who speeds away from the scene leaves you dealing with shock, anger, and a deep sense of vulnerability on top of the physical pain, medical bills, and lost wages. The uncertainty surrounding who will cover your medical bills and reimburse your lost wages can be overwhelming. The good news is that you have options, but waiting too long or taking the wrong steps could jeopardize your ability to recover full compensation. Even if the at-fault driver is never identified, Illinois law allows you to pursue compensation through other avenues, such as your own uninsured motorist coverage. With the right legal strategy, you can still recover damages for your medical expenses, lost income, and pain and suffering. A confidential consultation with an attorney will cost you nothing up front and will help you to understand your rights without any pressure or risk.

The Immediate Aftermath: What to Do Right After a Hit-and-Run in Chicago

Knowing what to do in the minutes and hours immediately following a hit-and-run accident in Chicago is crucial to both your physical and financial recovery.

Call 911 and Get Medical Help Immediately

Always call 911 immediately after being involved in a hit-and-run accident to report the crash. Provide as much information as you can about the vehicle that left the scene of the crash, and then proceed immediately to a hospital or urgent care for a medical evaluation. Along with checking for injuries that may not yet be showing symptoms, this provides documentation linking your injuries to the crash.

Document the Scene and Gather Witness Contact Info

As soon as you can safely do so, take photos or videos of the scene of the accident and gather names and contact information for any witnesses.

File an Official Report with the Chicago Police Department (CPD)

Make sure that an official report is filed with the Chicago Police Department. If the police arrive at the scene, they should file a report. You can file one yourself online through the CPD’s website if necessary.

You don’t have to figure this out alone. Let us investigate your crash and deal with the insurance company while you focus on healing. Call Paul Padda Law at 702-707-7000 for a confidential consultation.

Understanding Illinois Hit-and-Run Laws and Your Rights

If you are the victim of a hit-and-run driver, it is helpful to have a basic understanding of the Illinois laws that apply to your situation.

The Legal Obligation to Stop After a Crash in Illinois

Under Illinois law, a motorist has a legal obligation to stop immediately, exchange information, and report the accident if they are involved in an accident causing injuries, death, or property damage.

Why Drivers Flee (DUI, Uninsured, Warrants) and How It Affects Your Case

Despite the legal obligation to stop following a crash, motorists do sometimes flee the scene for a variety of reasons, such as driving under the influence, driving without the required liability insurance, or having outstanding warrants.

How Do I Pay My Medical Bills If the Driver Is Never Found?

If you were injured in a hit-and-run accident, one of your most immediate concerns is likely payment of your mounting medical bills.

Uninsured Motorist (UM) Coverage in Illinois Explained

If the driver of the at-fault vehicle is not identified and located, one option for payment of your medical bills is your own Uninsured Motorist (UM) coverage.  Illinois law requires all drivers to carry UM coverage for bodily injury, with minimum limits of $25,000 per person and $50,000 per accident.

Using Your Health Insurance and MedPay

You may also be able to rely on your own health insurance policy or MedPay coverage if you elected to add MedPay to your auto insurance policy.

What Happens If the Police Actually Catch the Hit-and-Run Driver?

If the police do locate the hit-and-run driver, there is a strong likelihood that they will not have liability insurance that covers your injuries, but you may still have legal options.

Pursuing a Personal Injury Lawsuit Against the At-Fault Driver

If the hit-and-run driver was wholly or partially at fault for the crash, you can pursue a personal injury lawsuit against the driver. You could recover damages covering medical bills, repairs to your vehicle, and pain and suffering.

The Role of Punitive Damages in Illinois Injury Cases

Along with compensatory damages, you could be entitled to punitive damages in a personal injury lawsuit. Punitive damages are intended to punish the defendant and/or deter future conduct and are only available if the defendant’s conduct was willful, wanton, or malicious. Fleeing the scene of an injury accident may qualify for punitive damages.

Why You Need a Chicago Car Accident Lawyer for a Hit-and-Run Claim

Because securing compensation for damages in a hit-and-run accident can be a complicated process, it is in your best interest to have an experienced Chicago car accident lawyer on your side.

Investigating the Crash (Traffic Cameras, Dashcams, and Private Investigators)

Your lawyer can conduct a thorough and independent investigation to try to identify the at-fault driver. This may include accessing traffic cameras, locating dashcam footage, and even hiring a private investigator.

Forcing Your Own Insurance Company to Pay Fairly

Insurance companies often try to avoid paying UM claims or undervalue claims involving a hit-and-run driver. To make sure that you receive all the compensation to which you are entitled under the terms of your own insurance policy, you need a seasoned car accident lawyer on your side.

What if I didn’t get the license plate number of the car that hit me in Chicago?

Provide the details you do have to the police. Your lawyer may be able to uncover additional details through an independent investigation.

Will my auto insurance rates go up if I file an uninsured motorist claim for a hit-and-run?

Your insurance rates should not increase simply because you file a UM claim.

How much compensation can I get for a hit-and-run if the driver is never caught?

It depends on the severity of your injuries; however, you may also be limited by your own UM insurance limits.

Can a personal injury lawyer actually help the police find a hit-and-run driver?

Yes. A personal injury attorney can often devote resources to the investigation that the police cannot.

Do I still have to pay a deductible if I use my own insurance after a hit-and-run accident?

Yes. Your UM coverage deductible will usually apply.

How long do I have to report a hit-and-run to my insurance company in Illinois?

While you have 10 days to file a police report, you should file a report with your insurance company within 24 hours.

How do lawyer contingency fees work? Do I have to pay out of pocket if we claim against my own insurance?

Your lawyer only receives a fee if your claim is successful. You will not have to pay out-of-pocket even if you are pursuing a claim against your own insurance company.The Chicago hit-and-run lawyers at Paul Padda Law are here to help. Contact us at (312) 702-7000 for a free consultation. We work on contingency, meaning you pay absolutely nothing unless we secure your compensation.