You’ve just been in a car accident, and while exchanging information with the other driver, they suddenly get back in their vehicle and drive away before the police arrive. Or perhaps they initially seemed cooperative but left, claiming they needed to move their car, never to return. This frustrating scenario leaves you wondering how to protect yourself legally and financially when the person who hit you disappears from the scene.
Understanding your options when drivers flee after accidents helps you take immediate action to preserve your rights and maximize your chances of compensation. The steps you take in those critical first minutes after realizing the other driver has left can make the difference between a resolved claim and a complete loss.
Why Drivers Leave Accident Scenes
Understanding motivations helps predict behavior and respond appropriately. Some drivers leave because they’re intoxicated or under the influence of drugs and fear arrest. Others lack insurance and know they’ll face penalties for driving uninsured. Drivers with suspended licenses or outstanding warrants flee to avoid additional legal troubles.
Some drivers panic, especially young or inexperienced motorists who don’t understand the serious legal consequences of leaving. The accident’s stress overwhelms their judgment, and they make the impulsive decision to flee rather than face the situation.
In some cases, drivers initially cooperative suddenly realize the extent of damage or their potential liability and decide leaving offers better odds than staying. They might have given you false information before departing, compounding their offense.
Regardless of motivation, leaving an accident scene is a crime in Michigan. Drivers involved in accidents causing injury or property damage must stop, provide identification and insurance information, and render reasonable assistance. Failing to do so constitutes a misdemeanor or felony, depending on injury severity.
Immediate Actions at the Scene
The moment you realize the other driver has left, call 911 immediately. Report both the accident and the fact that the other driver fled. This serves multiple purposes, including creating an official police report documenting the hit-and-run, potentially allowing officers to locate the fleeing driver quickly, and establishing that you remained at the scene and complied with legal requirements.
Describe the fleeing vehicle in as much detail as possible. Provide the license plate number if you obtained it, along with the vehicle’s make, model, color, and any distinguishing features like damage, bumper stickers, or modifications. Note the direction the driver fled and provide a description of the driver, including approximate age, gender, hair color, and clothing.
Take photographs of everything. Capture your vehicle damage from multiple angles, the accident scene showing vehicle positions, skid marks, debris, and anything else relevant. Photograph the location where the other vehicle was positioned before leaving. These images preserve evidence that might disappear before police arrive or complete their investigation.
Look for witnesses who might have seen the accident or the fleeing driver. Get contact information from anyone willing to provide a statement. Witnesses can corroborate your account of events and might have noticed details about the other vehicle or driver that you missed. Some witnesses might have dashboard cameras or phones that captured the incident.
Check nearby businesses or residences for security cameras. Many establishments have exterior cameras that might have recorded the accident or captured the fleeing vehicle’s license plate. Request that they preserve footage immediately, as many systems overwrite recordings within days. Getting this footage quickly often makes the difference between identifying the driver and never finding them.
What to Tell Police
When officers arrive, provide a complete, accurate account of the accident and the other driver’s departure. Explain what happened during the collision, what information the other driver provided before leaving, and exactly when and how they fled the scene.
Be specific about any information the driver gave you before fleeing. If they provided a name, phone number, or insurance information, give this to the police even if you suspect it’s false. This information helps investigators track down the driver or establish patterns of behavior if the person has committed similar offenses.
Mention any suspicious behavior before the driver left. If they seemed nervous, made phone calls, or acted strangely, this context helps police understand the situation. Note whether the driver appeared impaired, as this might influence how aggressively police pursue the case.
Request a copy of the police report number before officers leave. You’ll need this for your insurance claim and any subsequent legal proceedings. Confirm that the report will document the hit-and-run and that police will investigate the fleeing driver.
Your Insurance Coverage Options
Uninsured Motorist Coverage
Uninsured motorist coverage protects you when at-fault drivers lack insurance or cannot be identified. In Michigan, this coverage is optional but recommended for exactly these situations. If you carry uninsured motorist coverage, your own insurance pays for injuries and, depending on your policy, property damage caused by the hit-and-run driver.
File a claim with your insurance company as soon as possible after the accident. Provide them with the police report number, any information about the fleeing driver, and documentation of your injuries and vehicle damage. Your insurer will investigate the claim and determine coverage based on your policy terms.
Some policies require that you actually identify the uninsured driver before coverage applies, while others cover true hit-and-run scenarios where the driver remains unknown. Review your policy carefully or have your attorney examine it to understand what coverage you have.
Collision Coverage
Collision coverage pays for vehicle damage regardless of who caused the accident. If you carry this coverage, your insurer will repair or replace your vehicle after you pay your deductible, even though the other driver fled.
This option provides faster vehicle repair than waiting for the police to locate the fleeing driver or pursuing an uninsured motorist claim. However, you’ll be out of your deductible amount unless the other driver is later found and their insurance or assets cover your damages.
Some policies include deductible waivers for hit-and-run accidents if police identify the other driver later. Understand your policy terms before deciding whether to file a claim through collision coverage.
Medical Payments Coverage
Medical payments coverage, also called MedPay, pays for medical expenses resulting from car accidents regardless of fault. If you carry this coverage, it pays your medical bills up to policy limits even though the driver who hit you left the scene.
MedPay provides immediate payment for treatment without waiting for liability determinations or investigations. This coverage fills gaps that might exist before other insurance sources activate or when you haven’t met health insurance deductibles.
How Police Investigate Hit-and-Runs
Law enforcement prioritizes hit-and-run investigations based on injury severity and available evidence. Accidents involving serious injuries or deaths receive immediate attention, while property-damage-only cases might receive less urgent investigation.
Officers review witness statements, surveillance footage, and physical evidence to identify fleeing vehicles. Paint transfer on your vehicle can sometimes identify the other car’s color and type. Debris left at the scene might include vehicle parts with identifying numbers.
License plate databases allow police to trace partial plates or descriptions to possible matches. If you noted even part of the license number, investigators can narrow possibilities significantly. Modern automated license plate readers throughout metro areas sometimes capture fleeing vehicles, giving police additional leads.
In cases involving serious injuries, police might release information to the media asking the public’s help in identifying the vehicle or driver. Tips from the public frequently lead to successful identification in these cases.
When the Driver Is Eventually Found
If police locate the driver who fled, they face criminal charges in addition to civil liability for the accident. The criminal case proceeds separately from your civil claim for damages, and you have no control over prosecution decisions.
The driver’s conviction for leaving the scene strengthens your civil case significantly. Convicted hit-and-run drivers cannot credibly dispute liability, making settlement negotiations or trial much more favorable for you.
However, drivers who flee often lack insurance and assets to pay judgments. Even with liability established, collecting compensation from an uninsured, underinsured, or judgment-proof defendant can prove impossible. This reality makes your own insurance coverage critical for actual recovery.
If the Driver Is Never Found
Many hit-and-run drivers are never identified despite investigation efforts. When this happens, your recovery depends entirely on your own insurance coverage. Uninsured motorist coverage becomes your primary source of compensation for injuries.
Without uninsured motorist coverage and without identifying the at-fault driver, you might have no source of compensation beyond your own health insurance for medical bills. Vehicle damage would come from collision coverage if you carry it, or you’ll pay repair costs out of pocket.
This harsh reality explains why insurance professionals recommend uninsured motorist coverage. The relatively small additional premium provides crucial protection in situations where at-fault drivers cannot be identified or held accountable.
Working with a Car Accident Attorney
Hit-and-run cases involve complexities that benefit from legal guidance. Consulting a car accident law firm in Farmington helps ensure you maximize available insurance coverage and don’t make statements or decisions that jeopardize your claim.
Attorneys can pressure insurance companies to thoroughly investigate before denying claims. Insurers sometimes deny uninsured motorist claims inappropriately, arguing that you failed to meet policy requirements or that evidence doesn’t support your account. Legal representation challenges these denials effectively.
Understanding policy language and coverage limits requires expertise most accident victims lack. What seems like clear coverage might contain exclusions or conditions that affect payment. Attorneys identify these issues and fight for maximum compensation under your policies.
Preventing Future Incidents
While you cannot control whether other drivers flee, you can prepare for this possibility. Consider installing a dashboard camera in your vehicle. These devices automatically record while driving, capturing accidents, fleeing vehicles, and license plates that you might miss in the stress of a collision.
Maintain adequate insurance coverage, including uninsured motorist protection. The modest additional cost provides substantial protection in situations where at-fault drivers lack insurance or flee. Review your coverage limits to ensure they’re sufficient for potential injuries and vehicle replacement.
Keep a pen and paper in your vehicle specifically for accident documentation. In the critical moments after a collision, having materials ready to note license plates, vehicle descriptions, and witness information increases the likelihood of capturing crucial details before they’re forgotten.
Legal Time Limits
Michigan’s statute of limitations for personal injury claims is three years from the accident date. This deadline applies whether the driver who hit you is identified immediately or years later. Don’t assume that because the driver fled, normal deadlines don’t apply.
Insurance claims have their own deadlines, typically requiring notice within reasonable timeframes specified in your policy. File your claim promptly to avoid potential coverage denials based on late reporting.
The Role of Persistence
Following up on police investigations demonstrates the seriousness of your case. Contact the investigating officer periodically to check whether new leads have developed. Sometimes additional evidence emerges days or weeks after the initial investigation.
Cochran, Kroll & Associates, P.C. understands that hit-and-run accidents create unique challenges in recovering compensation. When at-fault drivers flee, victims face both the trauma of injury and the frustration of an unidentified defendant. Knowing how to respond immediately, what insurance coverage applies, and when to seek legal help ensures you take every available step to protect your rights and obtain compensation, whether from the fleeing driver eventually identified or through your own insurance policy designed for exactly these situations.