The Law Offices of James M. Freeman, P.C.

Recently there has been an explosion in the number of hit-and-run cases coming through my office. I have always maintained that cyclists are especially vulnerable to hit-and-run drivers because as cyclists we are intrinsically susceptible to be injured by cars, and we often lack proper insurance coverage to pay for the aftermath. Flight is a cowardly and selfish act that cannot be tolerated, and I intend to use every instrument at my disposal to see that  drivers are punished and their victims compensated.

People often assume that no recovery can be made if the driver flees the scene- that is often not the case. Often the hit and-run-driver can be located through proper investigation. In such an instance it is imperative that an investigation be conducted as soon as possible to insure that evidence is not destroyed, lost or otherwise wasted. I have been successful at locating hit-and-run drivers where the police were unsuccessful or unwilling to put for the effort needed to locate and prosecute the perpetrator.

People often think that hit-and-run drivers flee the scene because they don't have insurance. In my experience this is not the case. In almost every instance where I have located a hit-and-run driver they were insured, but they still fled the scene. Why do they flee? My impression is that they flee out of fear, or because they simply don't care and they think they can get away with it.

There are basically two types of hit-and-run claims. First, a civil claim may be brought against the driver if he/she can be located. This usually involves bringing a claim against the hit-and-run driver's insurance or personal assets. Second, a claim may be brought under an uninsured motorist policy. This happens where the driver cannot be located or they lack insurance or assets to satisfy the claim.

I have successfully settled many claims where the hit-and-run driver lacked insurance or could not be found and we proceeded against an uninsured motorist policy. If a victim of a hit-and-run driver owns a car, or is covered under someone else's auto policy, the uninsured motorist provisions of that policy will be activated by the hit-and-run crash - even where the victim was operating a bicycle. An uninsured motorist claim may be brought in many instances:

• where the victim owns a car and carries auto insurance with an uninsured motorist provision.
• where the victim lives with someone who owns a car that carries auto insurance with an uninsured motorist provision.
• where the victim is a student living away from home, but is still covered under their parents' auto coverage.

If you are the victim of a hit-and-run accident you should speak to an attorney who is experienced in dealing with such claims before you talk to anyone about the accident regardless of whether or not you will be bringing a claim against the driver or an uninsured motorist claim. Obviously, one needs an attorney if they plan to locate and pursue a claim against a hit-and-run driver, but it is just as important when pursuing an uninsured motorist claim. In an uninsured motorist claim your insurance company steps into the shoes of the hit and run driver, so their interest is opposed to yours. In such a case you should be represented by counsel whose only responsibility is to ensure your interests are protected.

Time is of the essence with respect to hit-and-run accidents. Do not wait. The longer one waits to have a claim properly investigated the more likely evidence will be lost. The driver may try to destroy evidence linking them to the crime and witnesses may forget or lose information vital to locating the hit-and-run driver. As always, I suggest that people don't depend on the police to get witness information. Take down names and numbers so your attorney can conduct his or her own independent investigation.

As always, I encourage people to call to discuss their potential claim. I am adept at finding hit-and-run drivers or coverage for such losses. Never assume that nothing can be done.