What is the law regarding hit and run accidents involving minors?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption