Understanding Your Rights After a San Jose Hit and Run

Hit and run accidents occur when a negligent motorist causes an accident and flees the scene. These incidents can severely injure victims and leave them unsure of how their injuries and vehicle damage will be covered. While insurance can help, many victims will not receive the maximum compensation they deserve for the full extent of their injuries and losses from insurance alone. Additionally, you likely want to hold the fleeing motorist responsible for their actions. However, doing so can be a difficult task, especially if you’re trying to do so on your own. 

Even if the fleeing motorist cannot be found, you can still be compensated for your injuries and losses. Thankfully, our trusted team of car accident lawyers at The Barnes Firm possess the legal knowledge necessary to help you get the best result possible.

How Common are Hit and Run Accidents? 

Hit and runs are fairly common across the nation, but especially in California with over 10% of all deadly crashes between 2012 and 2021 being hit and run accidents. Moreover, hit and runs accounted for 7% of the nation’s total traffic fatalities in 2020. Hit and run victims most likely to experience severe injuries or fatalities are pedestrians and bicyclists. 

Navigating Uninsured and Underinsured Policies

If you’ve been wrongfully injured in a hit and run scenario, it’s important that you review your own insurance policy. In California, drivers are able to get underinsured or uninsured motorist coverage. These types of coverages provide accident victims with compensation if the person who hit them doesn’t have enough insurance coverage or doesn’t have coverage at all.  

Uninsured motorist coverage policies only apply when the at-fault motorist does not have insurance. On the other hand, an underinsured motorist coverage policy will apply when the at-fault driver lacks enough insurance to cover the full extent of damages. Understanding the differences between these coverages and how they may apply to your hit and run accident is crucial to moving forward in pursuing compensation. 

How Do I File a UIM or UM Claim? 

Filing an Uninsured (UM) /Underinsured Motorist (UIM) claim can be complex to handle alone, and typically requires the help of an experienced San Jose car accident lawyer. This process usually requires a claimant and their attorney to:

• Review Your Own Policy. Check your own car insurance policy to ensure that you have UIM coverage and fully understand the limits and requirements of your policy. 
• Report the Accident. Notify local police and your insurance company about the accident, ensuring that you provide all relevant details and information. 
• Gather Evidence. Compile photographs, videos, medical bills, doctor’s notes, witness statements, and any other evidence that may help support your claim. 
• Contact Your Insurance. Inform your insurance that you want to file a UIM claim, as they may have specific procedures to follow and forms for you to fill out.  
• Consult a Car Accident Lawyer at The Barnes Firm. At The Barnes Firm, our team of San Jose car accident attorneys are prepared to guide you through the claims process and answer any questions you may have. Call our office at (800) 800-0000 to speak with an attorney today.  

Common Hit and Run Accident Misconceptions 

There are numerous misconceptions regarding hit and run accidents and whether victims can receive compensation or not. Our attorneys have debunked the following three most common hit and run misconceptions: 

1. You can’t obtain compensation if the at-fault motorist isn’t found. Contrary to this popular belief, you can be compensated for injuries and losses sustained from a hit and run accident, even if the driver isn’t found. Typically, your own insurance policy or a relative’s policy that includes family members can provide compensation after evidence is presented and you undergo the negotiation process with your lawyer. 
2. Minor injuries from hit and runs won’t qualify for compensation. Regardless of what others say, even seemingly minor injuries may qualify for compensation. That’s why it’s crucial to receive a thorough medical evaluation following an accident.  
3. Personal injury lawyers are too expensive. At The Barnes Firm, our lawyers operate on a contingency basis. This means that you don’t pay for legal services until your case is settled. Then, your attorney’s cut is determined by the value of your final settlement. Typically, your lawyer will receive 30%-40% of your settlement depending on the circumstances surrounding your case. 

What Should I Do After a Hit and Run? 

Following a hit and run accident in San Jose, there are measures you should take to protect your health and defend your rights. Our attorneys suggest you take the following actions after being in a hit and run: 

• Get to Safety. If you can, remove yourself from the accident scene and get to a safe place nearby. 
• Contact Emergency Services. Dial 9-1-1 to get emergency responders on the scene to evaluate you for injuries while the police investigate the crash itself and draft an accident report.  
• Gather Evidence. Take videos and photographs of your injuries, vehicle damage, and any property damage. Additionally, obtain a copy of the police report and keep copies of any doctor’s notes and medical bills. 
• Notify Insurance. Inform your insurance company of the accident so that you can move forward with the claims process as soon as possible.  
• Seek Medical Attention. Even if you feel fine, you should always seek medical attention following an accident. Some injuries, like internal bleeding, may not be immediately apparent and require a professional evaluation to diagnose. 
• Speak with an attorney at The Barnes Firm. After you’ve been checked for injuries and have spoken with insurance, call The Barnes Firm. Our team is available 24/7 to evaluate your case and help you pursue the maximum compensation available. Call us today at (800) 800-0000 to discover the true value of your claim.

Call The Barnes Firm 

After a hit and run accident, you may be left severely injured and unsure of how your mounting medical bills are going to be covered. At the same time, you’re likely being pestered by insurance adjusters looking for you to settle on a claim that’s far less than you deserve.  

While you prioritize recovery, allow us to handle your case. We will evaluate your case free of charge, investigate the accident, compile evidence that supports your claim, handle insurance adjusters on your behalf, and even take your case to trial, if necessary. Call us today at (800) 800-0000 and let our team help you get the best result possible. It could be the best call you make. 

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes