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The driver just sped away. Now what? The first 60 minutes after a hit-and-run accident can determine whether you'll recover full compensation or be left paying for someone else's crime. Understanding your immediate response options and legal rights is critical to protecting your recovery.
The Alarming Reality of Hit-and-Run Accidents
Hit-and-run accidents represent a significant threat on Iowa roads. According to the AAA Foundation for Traffic Safety, approximately 11 percent of all motor vehicle crashes involve one driver who flees the scene of the accident. Even more troubling, about 1,500 people are killed each year in hit-and-run accidents nationwide, with 60 percent of those victims being pedestrians.
When another driver leaves you injured and alone at an accident scene, anger and frustration are natural responses. However, your actions in those critical first moments can make or break your ability to secure compensation.
What NOT to Do After a Hit-and-Run
Resist the urge to chase down the fleeing driver. Law enforcement authorities strongly warn against pursuing suspects for several important reasons. Many drivers who flee the scene do so because they are intoxicated, have a criminal record, have recently committed a crime, or don't have insurance. Chasing a suspect will only put you at risk and could escalate a dangerous situation.
Instead, stay calm, focus on your safety, and gather as much information as possible to help authorities track down the responsible party.
Your Immediate Action Plan
The first priority after a hit-and-run accident should be your safety and health. Seek medical attention for any injuries you or your passengers may have sustained. Once you're in a stable condition, follow these essential steps:
1. Call 911 and Contact the Police
Contact the police immediately to report the hit-and-run accident. You can provide them with all the pertinent information you have, and they will fill out a police report. You'll need the police report to support your car accident claim, even if they're unable to track down the other driver.
2. Collect as Much Information as Possible
Try to write down and document everything you can about the incident, including:
- The make and model of the car
- The license plate number
- A description of the driver
- Witness names and contact numbers
Keep this information in a safe location to help police locate and identify the suspect and to facilitate your case when pursuing compensation through your insurance company.
3. Document the Scene
While waiting for police to arrive, take photos or videos of the accident location and the damages. These visual records can serve as additional evidence to support your insurance claim and any investigation.
4. Contact Your Insurance Company
Call your insurance company to report your accident, see what your coverage is, and determine if you can file a claim. If you carry uninsured motorist coverage, this may be your primary avenue for recovering damages when the at-fault driver cannot be identified.
Understanding Iowa's Hit-and-Run Laws
Fleeing the scene of an accident is not only unethical but illegal in Iowa. Under Iowa law, if a driver is involved in an accident that causes physical harm to someone and flees the scene, he or she is guilty of a misdemeanor. If the victim was killed in the accident, the fleeing driver could be punished with a class D felony.
Criminal Penalties for Hit-and-Run Drivers
The state of Iowa has established harsh penalties for hit-and-run offenses, categorized by the type of damages sustained:
Physical Property Damage: If the accident only caused damage to your vehicle and not your person, the crime is considered a misdemeanor, which carries a potential 30-day jail sentence and up to $625 in fines.
Bodily Injury: If you were injured in the accident, the other party is guilty of a steeper misdemeanor and could face up to a year in jail, plus up to $1,825 in fines. Failing to stop in the event of a serious injury can result in an aggravated misdemeanor charge punishable by two years in jail or up to a year in jail and a fine up to $6,250.
Fatality: If a driver kills another person in an accident and then flees the scene, it's considered a Class D felony, which means up to five years in prison and $7,500 in fines.
When Someone Hits Your Unattended Vehicle
Iowa law addresses situations where drivers hit parked or unattended vehicles. Iowa § 321.264 requires drivers who hit an unattended car to notify the owner or operator of the vehicle. If the driver cannot be found, the law stipulates that the driver who did the damage must leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.
If the driver fails to leave you a note, he or she is guilty of a misdemeanor. In these cases, you should notify the police and file a report, try to speak to any nearby witnesses who might have information on the driver, and call your insurance company to report the accident.
Your Legal Rights and Options for Compensation
Hit-and-run victims have legal recourse beyond criminal prosecution. If the suspect is caught and apprehended, victims or their families are legally entitled to file an injury or wrongful death lawsuit against them.
There is a possibility that if you provide the police with enough evidence,such as the make and model of the car or tag number,they may be able to track down the other driver. You can then hold him or her accountable for your damages via a claim or through the court system.
Understanding Your Insurance Coverage
Some drivers carry uninsured motorist coverage, which is optional in Iowa. This type of insurance covers your damages should you be in a crash that involved a driver who either fled the scene or has no insurance. If you have this type of insurance, you can speak with your insurance company and file a claim.
If you don't have uninsured motorist coverage, you'll be responsible for your own damages unless law enforcement can track down the other driver. Health insurance may cover some medical costs once you meet your deductible. If you have uninsured motorist or collision coverage, your own insurance company may pay for the damages.
When to Consult a Hit-and-Run Attorney
These types of accidents involving only property damage to unattended vehicles generally don't necessitate a lawyer. However, if you were in the vehicle and sustained a personal injury in a hit-and-run accident, you should discuss your case with an attorney to determine your legal options.
Hit-and-run accidents can cause enormous losses, and because the other driver is unknown, obtaining compensation can be extremely difficult. This is why you'll want to seek the counsel of an accident attorney in Iowa as soon as you're able.
An experienced attorney can explain your legal options to you. Most often, this will require filing an uninsured motorist claim. This coverage is not required in Iowa, but if you have it, it can help cover your expenses and losses. If the other driver is located, you can file a claim against his or her insurance.
Navigating the aftermath of a hit-and-run accident can be complex, especially when it comes to seeking compensation for your losses. Consulting with a knowledgeable car accident attorney in Iowa is essential to understanding your legal options. An experienced attorney can help you pursue compensation through avenues such as uninsured motorist claims or, if the at-fault driver is identified, filing a claim against their insurance.
Protect Your Rights After a Hit-and-Run
When you or your loved one suffered injuries in a car accident, there may be several avenues you can take to obtain restitution. Don't navigate this complex process alone,professional legal guidance can make the difference between a denied claim and full compensation.
Contact Walker, Billingsley & Bair at (888) 435-9886 for a free, no-obligation consultationor you Chat Here Now. Our experienced Iowa hit-and-run attorneys will discuss the specifics of your case, explain your rights, and work to secure the maximum compensation you deserve. We can help accident victims handle these types of cases and determine what options you may have for financial compensation after a hit-and-run accident in Iowa.
