Few personal injury cases are more frustrating than a hit and run case. Hit and run drivers wish to avoid taking responsibility for their negligence. Sometimes they succeed, which leaves you, the victim, struggling to figure out what to do.
Fortunately, you do have options. There are ways to make a claim for your injury in hit and run cases, even if you never find the driver.
Can you sue after a hit and run?
While there is nobody to sue until the driver is found, you can make a claim.
First, you can make a claim against the Motor Vehicle Accident Claims program. This will pay up to $200,000 in damages. For many motorists this amount will be enough to cover all of the expenses associated with the accident.
If it is not, you can turn to your own insurance policy, so long as you purchased uninsured/underinsured motorist coverage. This insurance policy will pay you up to your policy limits.
If the driver is later found, you can sue the driver, or, if you’ve already received funds, the MVAC and your own insurance company may “subrogate” against that driver and their insurance company, which means they will seek to make that driver or that driver’s insurance policy reimburse them for the amounts they paid you. You won’t directly benefit from this process, other than to recognize that the other driver will be held accountable.
If the other driver is found in time you can launch a personal injury lawsuit as normal. If this happens, you’re likely to be able to press for punitive damages, as the other driver will have already broken a law, which means they would have already done something worthy of punishment.
How much can you get from a hit and run lawsuit?
You can get compensation for your damaged vehicle, your medical bills, your lost wages, and other expenses associated with the accident, up to the limits of MVAC and your policy limits.
If you find the other driver then your case will function like any other personal injury case. In addition to the above-named economic damages, you’ll receive non-economic damages like pain and suffering. Here in Alberta pain and suffering claims for major injuries are capped at $370,000. They are capped at $5296 for a specific list of minor injuries.
Why Merchant Law?
Having a personal injury lawyer on your side helps in hit and run cases too. We know some steps that can be taken to find the driver, which is the ideal scenario. In addition, we know how to navigate the insurance process so that you get the compensation you deserve.
Get next steps by calling for a free case consultation today. Just dial (403) 237-7777. Our team is standing by 24/7/365 to make sure you can get the help you need when you need it.