Do I have to notify the police or my insurance company immediately after a hit and run?

Injured pedestrians and motorists who are injured in “hit and run” accidents, who wait the two years allotted to bring personal injury cases in Virginia, will find themselves out of luck. This is because there is an even shorter time limit often attached to these terrifying crash injury cases.

If you are involved in a hit-and-run accident, and are injured by an unknown driver, you do not have years, or even months to get the claim in “safe harbor.”

What brings this to the fore is the fact that the ABRAMS LANDAU was contacted by the victim of a Herndon, Virginia hit and run the same day that Nextdoor reported that a pedestrian who was struck by a hit-and-run driver early on Wednesday morning in Annandale Virginia had died from his injuries. Officers from the Fairfax County Police Department were called shortly after 7 a.m. on Wednesday, January 7th, to the intersection of Little River Turnpike and Shelley Lane in Annandale, where there was a reported crash with one person down in the roadway. Crash Reconstruction Unit detectives said Christopher Young, 34, of Annandale, was crossing Little River Turnpike (State Route 236) when he was struck by a westbound dark-colored sedan, according to police. The driver did not stop at the scene, authorities said. Young was rushed to a local hospital with life-threatening injuries and was later pronounced dead, police said. Detectives continue to investigate the fatal crash as they work to identify the driver involved, according to police, who released photos of the suspected vehicle. Anyone with information about the hit-and-run is asked to contact Fairfax County police.

In the Herndon hit-and-run case, the pedestrian was struck at night, over 6 weeks prior to reaching out for legal representation. The Herndon Virginia victim was injured and bloodied at the scene. However, law enforcement was not contacted that night, nor was the pedestrian’s car insurance company alerted as to what had happened.

Notifying law enforcement after a hit-and-run is critical. Failure to notify the authorities and you Uninsured motorist insurance company, and you could lose protections that you paid for!

Remember, notes Landau, the insurance contract consists of two parts on each side of the fence. The insurance company will provide defense counsel AND pay up to the limits of the policy, as long as the insured pays their premiums and promptly cooperate. It may be too late for anyone to do anything to help the individual struck by the unsafe driver in Herndon.  A victim of a hit-and-run should reach out to the police as soon as they can. It does not have to be from the scene. They can let their own car insurance companies know the next day, or week, but certainly their insurance company cannot begin their investigation until they are notified. And the sooner, the better.

 

Under Virginia law, to recover Uninsured Motorist (UM) benefits for a “phantom driver” (hit-and-run) accident, the incident must be reported to the authorities within 30 days. In other words, where an injured victim does not know the identity of the driver who hit them, it is considered an “Uninsured motorist claim.” For other uninsured or underinsured motorist incidents where the other driver is identifiable, the requirement is generally to report the accident to your insurer “promptly” according to your policy terms (often within 30 days), and to law enforcement “immediately” if it meets certain criteria like injury, death, or significant property damage (generally over $1,500).

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There are several key reporting requirements in Virginia:

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• “Phantom Driver” (Hit-and-Run): A strict 30-day reporting deadline to law enforcement or your insurer is a statutory requirement to pursue a claim against an unidentifiable owner or operator.
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• Identifiable Uninsured/Underinsured Driver:
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  • To Law Enforcement: An accident must be reported “immediately” to law enforcement if it involves injury, death, or property damage exceeding $1,500. If no officer responds, you may need to file a written report with the Virginia DMV.
  • To Your Insurer: Most insurance policies require you to notify them “promptly,” often specifying a window of around 30 days. Delaying notification can weaken your claim or lead to denial.

Importance of prompt reporting:

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• Compliance: Following reporting requirements is essential to avoid potential legal penalties and ensure your insurance claim is valid.
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• Evidence: Prompt reporting helps preserve evidence and witness statements, which is crucial in Virginia due to its strict contributory negligence rule (meaning you cannot recover if found even 1% at fault).

If you were struck by an unknown driver in a hit-and-run accident, it does not matter if you were jogging, riding your bike or driving, if you do not report the event to law enforcement and follow the requirements of your insurance policy and the legal time limits, you may not be able to bring your otherwise valid permanent injury case.

If you or someone you care about has been permanently injured in a hit-and-run accident, whether as a pedestrian, driver, biker or jogger, it is highly recommended that a review of the specific auto insurance policy be done for the reporting conditions and to contact an experienced injury trial attorney as soon as possible after any accident to protect your rights. You do not want to be precluded from bringing a valid claim because you reported it 33 days after being badly injured. Call the hit-and-run injury team at ABRAMS LANDAU at once, since you have less than a month to set the foundation of the case and get reimbursed for your injuries and other losses.