When you want to file an active hit-and-run case, several questions run through your mind. You wonder if hit-and-run victims are always entitled to compensation, or if the driver flees the accident scene, who pays the compensation? Should the payment be increased if the guilty driver is drunk or speeding?
Finally, do you often consider the average compensation for hit-and-run victims? In this article, we will discuss all you need to know about the compensation and questions attached to active hit-and-run cases.
Are Hit-and-Run Victims Alaways Entitled to Compensation?
All victims of road accidents are entitled to compensation if they suffer damage caused by third parties. As is evident, pedestrians are more fragile than motor vehicles. Victims are more likely to suffer serious injuries if they are run over, so they should be compensated for all damage (property and moral).
In order to stipulate the amount of compensation in case of being run over, it is also necessary to prove whether the fault lies exclusively with the driver or whether there may be a possible concurrence of faults. The simple fact that it is a hit-and-run does not mean that the fault lies solely with the driver. Pedestrians are also obliged to respect road traffic rules and can be held responsible if they comply with these rules.
However, the cases in which the paw is exclusively blamed are rare. The application of community law, which increasingly presents itself as a guarantee of greater protection for injured parties, has extended responsibility for risk, which, in several directives, has come to glorify the safety of the interests of victims of road accidents.
If the Driver Flees the Scene of the Accident, Who Pays Compensation?
Suppose the driver who caused the accident runs away, and it is impossible to identify him. In that case, it can be challenging to determine who will pay compensation to the victim. However, several possible scenarios can occur:
- The driver who fled the scene may be held accountable for the harm they caused if they are found and identified. In this instance, the driver’s insurance carrier may cover the victim’s losses and injuries.
- The victim may be able to make a claim under their own insurance policy’s uninsured motorist coverage if the driver cannot be found or recognized. This kind of coverage is intended to safeguard policyholders in the event that they sustain injuries at the hands of an uninsured or evasive motorist.
- If the driver is ultimately found, the victim could be entitled to sue them in some circumstances. The motorist can be obliged to compensate the victim for damages if they are determined to be at fault.
If the Driver Is Drunk or Speeding and, for That Reason, Causes the Accident, Should There Be an Increase in Compensation?
In reality, the event that causes the damage, even if it is the product of the driver’s negligence, has no bearing on the compensation computation. This means the injured party receives the same compensation, regardless of whether the driver is drunk, driving too fast, or fleeing the accident scene. This does not, however, prevent the driver from being sanctioned.
In the event of a serious or very serious offense, this may be sanctioned with fines, prohibition, disqualification from driving, or even having to serve a prison sentence. Regardless of the negligent or willful act on the part of the driver, your insurance company is obliged to repair all damages suffered by the injured parties and may later exercise the right of recourse against the culprit.
What Is the Average Compensation for Hit-and-Run Victims?
As for this question, the answer will depend on two factors:
- Material, bodily and moral damages suffered by the victim of the road accident;
- The percentage of fault that the victim of a hit-and-run may have in the occurrence of the accident.
Therefore, it is impossible to stipulate an average compensation because too many variables influence the compensation calculation for active hit-and-run cases. On the other hand, the judge must always decide according to the equity criteria.
Usually, the factors that carry the most weight are the severity of the injuries and the impact that these injuries may have on the victim’s socio-professional life.
Conclusion
Hit-and-run accident victims require legal counsel from a skilled personal injury lawyer who can guide them through the difficult process of pursuing justice. Once again, we recommend that you are duly informed of your rights before accepting the insurance company’s offer.
Suppose you are looking for legal information or to be connected with law firms. In that case, Legal Favour can give you all the required information.
