What is the law regarding hit and run accidents involving minors?
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What is the law regarding hit and run accidents involving minors?
My daughter was 17 at the time. The driver initially got out and they both agreed to get out of the street. My daughter went to the sidewalk and the driver left. My daughter ended up needing surgery. Did the driver break the law by not leaving any insurance info?
Asked on May 17, 2012 under Accident Law, Ohio
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
This is hit and run because the driver left the scene of the accident and did not provide any information. Criminal charges can be filed for hit and run.
The civil case is separate from the crininal case. If the driver is not apprehended and therefore insurance information is unknown, if your daughter has uninsured motorist coverage, an uninsured motorist claim can be filed through her insurance carrier. If she doesn't have uninsured motorist coverage, her only recourse would be to sue the at-fault driver/registered owner of the vehicle if the hit and run driver is apprehended.
If your daughter has uninsured motorist coverage, she can file a property damage claim and a separate personal injury claim through her insurance carrier. Her insurance company on an uninsured motorist claim will pay for the property damage (cost of repairs to her car).
When your daughter completes her medical treatment and is released by the doctor or is declared by the doctor be permanent and stationary which means having reached a point in her medical treatment where no further improvement is anticipated, obtain her medical bills, medical reports and if applicable documentation of any wage loss. Her personal injury claim filed through her insurance as an uninsured motorist claim should include these items. Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. The medical reports will document the nature and extent of her injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. If the case is settled with the insurance carrier, NO lawsuit is filed. If the case is NOT settled and the other driver is apprehended and does NOT have insurance, the other driver can be sued for negligence.
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