With hit-and-run accidents, a driver too often flees from the scene of the accident and is not caught. If this happens, then no one will know that person’s insurance policy information, so that will not be an option for recovery. Worse yet, if the accident victim does not have a no-fault insurance policy, then the victim may not have access to any insurance benefits to cover damages.
In a better scenario for a hit-and-run accident, the accident victim would have a no-fault policy. If so, then he or she could submit a claim for medical expenses and lost wages under their own Personal Injury Protection (PIP) insurance coverage. The good news here is that 100% of medical expenses would be paid for. If you don’t personally have a policy, you could be covered under your spouse’s policy, an immediate household family member’s policy, the policy of the owner, registrant, or driver of the vehicle you were in if you were the passenger, or via the Michigan Assigned Claims Facility. Pain and suffering and emotional distress would not be covered under PIP, however.
This, however, is a perfect example as to why people should have uninsured motorist coverage. This is a type of supplemental insurance that is not required, but can be purchased at extra cost. The cost isn't much, and it protects accident victims in situations which another party to the accident does not have insurance. Uninsured motorist coverage is a way hit-and-run victims could collect compensation for pain and suffering their own policy if they purchased the supplemental coverage. Uninsured motorist coverage treats the hit-and-run driver as an uninsured motorist. Speak with an insurance specialist about your options before settling on a policy. Some policy terms are far better than others.
Hitting vehicles, pedestrians, or bicyclists and then fleeing the scene is looked at very seriously in the eyes of the law. The person who hit and run would be subject to both civil and criminal liability.
In addition to civil liability, a person who hits and runs would be subject to criminal liability. Serious injuries or death would mean the hit and run driver could be liable for a felony-level crime. A person involved in a hit-and run accident that results in serious bodily injury or death could be punished with a maximum 5 years of imprisonment, or a maximum $5,000 fine, or both. If a person hits and runs, and that person is the cause of the accident that results in the death of another person, then the hit-and-run driver may be punished with a maximum 15 years in prison, a maximum $10,000 fine, or both.
Hit and run drivers causing lesser injuries or damage would be guilty of misdemeanors. Hit and runs resulting in less serious injury may be considered misdemeanors punishable by 1 year in jail, up to a $1,000 fine, or both. If a hit and run driver is part of an accident that causes damage to a vehicle operated by an individual or attended by any individual, then that driver could be sent to jail for a maximum of 90 days, fined $100, or both.
Thirty-six-year-old Justin Saum was arraigned at the 23rd District Court on four charges after allegedly hitting and running two teenagers who were on a moped. One teenager was killed. The charges are driving with a suspended license causing death, leaving the scene of an accident causing death, driving with a suspended license causing serious injury, and leaving the scene of a serious injury accident. The driver’s bail has been set at $350,000. Judge Geno Salomone said that he would consider his lengthy criminal history and substance abuse problems. If Saum posts bond, a condition of his release would be not to consume any drugs or alcohol, wear an alcohol tether, and abstain from any contact with the victims’ families. Saum was allegedly driving a pickup that night, and police say that the teens may have run a red light at Joan and Harold Streets before the accident. Saum turned himself in. If he is convicted he could receive 22 years in prison.
Sachs Waldman personal injury attorneys can help you get the compensation you deserve. Our experienced car accident attorneys in Detroit, Michigan will sit down with you to determine a plan to deal with an insurance claim and discuss the best options to go forward on your specific case. Contact us today at (313) 965-3464 or fill out our online form.
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