How to Handle Claims for Hit and Run Accidents

March 14, 2025

Have you ever been unlucky enough to be involved in a serious car accident? If you have, you know how harrowing a crash can be. Without any warning, your car becomes disabled, and — depending on the severity of the collision — you may have suffered serious harm. Frustratingly, while you are reeling from this sudden impact, you are expected to report the accident to the authorities and share contact information with the other driver. This is a lot to ask of someone who has been severely injured in a crash. Even worse, part of that is impossible if the other driver flees the scene. When that happens, a difficult situation gets even worse. Now, you need to worry about how you will get compensation for your injuries. Can a hit-and-run accident claim help you obtain the money you need to recover? Experienced lawyers at Wapner Newman can answer that question.

Limited Tort vs. Full Tort

Pennsylvania has a very complicated car insurance system. When you purchase your insurance, you choose whether to be tied to a no-fault or an at-fault system. By leaving this decision to individuals, the system is supposed to better serve drivers, allowing everyone to enjoy the type of insurance that is most valuable to them. Typically, the at-fault system is considered to be more generous to drivers — and is therefore more expensive. However, this system can break down when you are involved in a hit-and-run car accident.

If you have opted to purchase limited tort car insurance, you are covered by personal injury protection. This means that your insurance policy covers your bills and losses related to the crash regardless of who was at fault. It doesn’t matter if the other driver fled the scene of the accident and you never identify them. You will get compensation through your insurance policy just as you would have if they’d stayed at the accident scene.

With full tort insurance, however, you could find yourself in a bind. When you have full tort insurance, fault is identified, and you have the right to pursue compensation from the at-fault party through a third-party insurance claim or a lawsuit. However, you can only file a lawsuit or claim if you are aware of the identity of the other driver. Without that information, you are stuck relying on your insurance policy, which may not be as robust as you want it to be given the situation. If this happens, you will typically be compensated by your uninsured motorist policy.

Filing Hit-and-Run Lawsuits in Pennsylvania

Hit-and-run accidents are disturbingly common in Pennsylvania. In Philadelphia, for example, there were approximately 40 hit-and-run accidents every day in both 2017 and 2018. This statistic makes it almost impossible for police to identify all or even most of these drivers. But assume for a moment that you are in a truck accident and are among the lucky few where the identity of a driver was determined. In this scenario, you might be able to file a lawsuit against the other party. Unfortunately, this isn’t a guarantee, and you should contact an experienced attorney who knows how to handle claims for hit-and-run accidents.

Were you injured in a hit-and-run accident in Philadelphia or a nearby area? Are you now worried about how you will get compensation for your injuries? Call our experienced hit-and-run attorneys at Wapner Newman at (215) 569-0900 to learn about your legal options.

If you have full tort insurance, filing a lawsuit is easy. You only need to gather enough evidence to show that the other driver was at fault. As long as you do that, your lawyer can file a lawsuit on your behalf. However, if you have limited tort insurance, the fact that the other driver fled the scene doesn’t change your situation. You still can’t file a lawsuit under normal circumstances, but you would be able to file one in the following situations.

You Are Seriously Injured

If you meet the Pennsylvania serious injury threshold, you can file a lawsuit against the other driver, even if you have limited tort insurance. This threshold typically is met if you suffer some type of permanent disability.

When you are seriously injured, you can file a lawsuit against another party, even if you have limited tort car insurance.

The Other Driver Was Drunk

One of the most common reasons that people flee an accident scene is because they are drunk. Drunk driving is a criminal offense, especially when it results in an accident where another person is injured. If the other driver was intoxicated and is later convicted of a DUI, you can file a lawsuit against that individual, regardless of your insurance type. Unfortunately, this means that your ability to sue is based on the decisions of a prosecutor.

What to Do After a Hit-and-Run Accident

If you are involved in a hit-and-run car accident, the actions you take immediately after the crash can affect the outcome of your claim. The most important thing you should do is report the accident to the authorities as quickly as possible. When the police arrive, provide them with as much information as you can about the other driver and the vehicle they were in. While many hit-and-run drivers are never caught, it’s important to remember that cameras are more prevalent today than ever before, and the state keeps numerous records that could prove helpful. Thus, there is at least a chance that your information could lead to the police identifying the other driver.

The main thing you should never do is chase the other driver. Not only is this unsafe, especially when your car is damaged or you are injured, but it is also illegal. By chasing the other vehicle, you, too, are fleeing the scene of the accident. The last thing you want is to be guilty of the same crime that the other driver is guilty of. This can only hurt your accident claim, whether with your car insurance company or the insurance company of the other driver. Instead of chasing the other driver, contact an experienced car accident law firm like Wapner Newman as soon as possible.

Consult With a Hit-and-Run Accident Lawyer in Philadelphia Today

Filing claims for hit-and-run accidents is typically more complicated than it is for other types of car crashes. If you try to go through the process alone, you are far less likely to get the money you need to recover from your injuries. An experienced car accident lawyer may be able to help.

Don’t wait after getting into a hit-and-run accident. Contact Wapner Newman immediately at (215) 569-0900 to schedule a free consultation.