In Missouri, as well as in other states, when you get into a car accident, you are required to stay on the scene. You’re supposed to exchange contact and insurance information with the other driver. You’re also required to call the police to report any accident that causes significant property damage, injuries, or death.
According to Ryan Bruning of Bruning Law Firm, it is a serious offense to leave the scene of a car accident. Once someone flees, it becomes a hit-and-run accident, and that can cause major consequences. Some people drive away after a crash because they don’t have valid car insurance. Others run because they are intoxicated or have outstanding warrants for other crimes.
Victims in hit-and-run accidents suffer the most when the other driver leaves the scene. While penalties, insurance implications, and potential lawsuits await the at-fault driver, victims will contend with serious injuries while trying to seek accountability from a person who has all but vanished.
Hit-and-Run Penalties
In Missouri, the state issues strict criminal and administrative penalties for any driver who leaves the scene of a car crash. Penalties are based on the severity of the accident and the driving history of the person who caused the accident.
If the driver is located, they will be charged accordingly under criminal law. When a hit-and-run results in minor property damage, it is classified as a Class A misdemeanor and the offender could spend up to 1 year in jail and pay fines up to $1,000. The charges are upgraded to more serious levels if someone is injured in a hit-and-run crash. At that point, it becomes a Class E felony with up to 4 years and prison and fines up to $5,000.
Unfortunately, hit-and-run accidents commonly cause fatalities. When a driver negligently causes an accident and kills someone, they will be charged with a Class D felony that imposes up to 7 years in prison and a fine up to $10,000.
Those who cause hit-and-run accidents will also receive points on their driver’s license. It is 6 points on the driving record when the ticket is issued by local officers while one issued by the Missouri State Highway Patrol adds 12 points, resulting in an immediate 1-year revocation of the license.
Hit-and-Run Insurance Implications
As an at-fault state, Missouri law holds the driver responsible for causing an accident liable, though it becomes more complicated when that driver can’t be found. While crashes are sudden and shocking, it is always best to immediately get photos and capture as much as you can in the event that person drives away without exchanging their information.
If the driver can’t be identified, then your own insurance coverage will need to be used to take care of the costs associated with your injuries and property damage. Missouri law requires all drivers to have Uninsured Motorist (UM) coverage in their auto insurance policy packages at the minimum of $25,000 per person and $50,000 per accident, meant to cover bodily injuries.
UM coverage doesn’t apply to your property damage, making it necessary to use collision coverage or any Uninsured Motorist Property Damage (UMPD) coverage. However, both of these are optional coverages, and if you don’t have them on your policy, you will be stuck paying out of pocket to repair or replace your damaged vehicle.
Accidents are frustrating, especially when you did nothing wrong and now you’re injured and stuck with the added stress of having to incur these costs. Thankfully, Missouri regulation 20 CSR 500-2.600 forbids insurance companies from increasing your rates when you file a hit-and-run claim, however, you must report the accident to authorities within 24 hours of it occurring or discovering your vehicle has been hit by an unknown driver.
Hit-and-Run Civil Recourse for Victims
While the criminal justice system will dole out punishments to the hit-and-run driver once apprehended, victims have the right to file a lawsuit against them for damages. The state allows a statute of limitations, or time limit, of 5 years from the date of the accident to file this type of claim. In the event this accident took the life of a loved one, surviving family members will have 3 years to file a wrongful death claim.
When you file a lawsuit against a hit-and-run driver, you can seek compensation for both economic and non-economic damages. Economic damages are any of the financial losses you have incurred that can be demonstrated with bills, receipts, or pay stubs, such as your medical expenses or lost wages. By contrast, non-economic damages seek financial recovery for intangible items that include your pain and suffering, loss of enjoyment of life, disfigurement, and emotional anguish.
It helps to have a personal injury lawyer work with you when you are the victim of a hit-and-run accident. Law firms have greater resources that can help you obtain evidence from traffic cameras or nearby business surveillance cameras. Through these items or even interviewing witnesses who saw your accident, an attorney may be able to find the person who hit your vehicle.
Once the at-fault driver is identified, you can file your lawsuit against them to seek compensation for all of your damages. It may also be possible to seek punitive damages, which add an extra measure of punishment if it can be shown that the other driver acted with deliberate intent and flagrant disregard for your safety.
How Can I Find the Hit-and-Run Driver Who Caused My Accident?
In some cases, you may never know who caused the accident. However, thanks to modern technology, it is getting easier to stop people from leaving victims in the lurch. Many people are stunned in the moments after an accident, though this is the time you need to act by calling the police and taking photos as quickly as possible.
If it’s possible for you to be more thorough after you get out of your vehicle, that can help other evidence. While you are still in your vehicle or near it, get photos of the other car and driver. Capture the license plate and any unusual details such as unique stickers or decals. If that driver takes off, you’ll have stronger information to provide the police.
Witness accounts can also help in filling the blanks, though one of the best ways to improve outcomes in tandem with police investigations is to hire a car accident attorney to help you get the justice you deserve.