New Mexico is notorious for having drivers who leave the scene after causing an accident. In 2022 alone, there were 7,192 hit-and-run accidents reported in the state, causing injury to hundreds of people and property damage to thousands of vehicles. Whether you were sideswiped on the highway, rear-ended while parked, or your child was hit by a car that drove away, it’s important to know what to do to recover both physically and financially.
Steps to Take if You Are the Victim of a Hit and Run
One very important thing to understand is that it’s never a good idea to go after a driver who flees from an accident. In many cases, the reason hit-and-run drivers take off is because they are under the influence of alcohol or drugs or have warrants out for their arrest. The safest thing to do is follow these steps and leave the chase up to authorities.
- If possible, take pictures of the at-fault vehicle as it drives away. This may be difficult right after being hit, but it will help to have the make, model, and license plate number as evidence when police arrive. If you can’t snap a picture, make note of everything you noticed about the car and the driver.
- Call 911. A dispatcher will send police to the scene and will ask if you need an ambulance. Unless the accident was minor, it’s best to have an EMT evaluate all passengers or pedestrians involved in the crash. Any reports of medical care received will help to build your case for compensation.
- Tell the police whatever you can remember. While details are fresh in your mind, tell the police the color and size of the vehicle that hit you, as well as the license plate or even partial license plate number if you saw it, and the direction the vehicle was headed. Police will also look in the area for car parts, tire tracks, and any other clues that can point to who caused the accident.
- Help identify witnesses. Anyone who saw the accident could help to find the at-fault driver. Point out who was present when the incident happened so the police can conduct interviews and get their names on file. You might also ask local businesses if their security cameras recorded the incident.
- Contact a personal injury attorney. As the victim of a hit-and-run, you will likely need help navigating a complicated case and dealing with your insurance company. Calling an attorney right away will allow you to begin building evidence so that you can file a personal injury lawsuit if the driver is found.
Will My Insurance Pay for a Hit-and-Run Accident?
Uninsured Motorist Insurance (UM) offers coverage in cases when the at-fault driver does not have car insurance or when the at-fault driver flees the scene of the accident. New Mexico law does not require drivers to have UM, but it can be added to your policy. If you do have it, you could receive compensation for:
- Damage to your vehicle
- Medical expenses incurred for all passengers or pedestrians who were in the accident
- Wages lost due to inability to work
- Pain and suffering
Unfortunately, your insurance will only pay up to your policy limit. For instance, if your UM policy covers $25,000 in bodily injuries and your hospital bills add up to $50,000, you could still end up in a substantial amount of debt unless your health insurance covers your remaining medical expenses.
If you do not have UM coverage, your collision coverage may pay for car repairs as long as you pay your deductible, but it will not cover bodily injuries.
Keep in mind that car insurance companies will always want to pay the minimum amount possible. Treatment for traumatic brain injuries and other injuries you can’t see is very costly. Without legal help, it’s often difficult to receive enough money from insurance to cover your medical expenses.
What Are My Chances of Receiving Compensation From the At-Fault Driver?
Police and your attorney will work to track down the driver who hit you. Around half of all hit-and-run drivers are found, but according to the Insurance Information Institute, only 1 in 4 drivers in New Mexico have insurance. If the at-fault driver is identified and insured, you will receive compensation from his or her insurance company. If the driver has no insurance and you have UM, your policy will kick in.
If the driver is uninsured and you don’t have UM, an attorney can help you file a lawsuit against them. In New Mexico, you have three years from the date of the accident to sue a hit-and-run driver.
If You’re the Victim of a Hit-and-Run, It’s Important to Act Fast
Contacting the police immediately will give you the best chance of finding the person who caused your accident. Engaging the help of a personal injury attorney who knows hit-and-run laws in Las Cruces, Albuquerque, and throughout New Mexico will allow you to file a claim with your own insurance company, and against the at-fault driver’s insurance company when they’re found.
In a hit-and-run accident, there are many complicated scenarios that go into seeking compensation, and you don’t have to navigate them alone. Contact an experienced attorney at Kane Law today.