Being the victim of a hit-and-run accident is a traumatic experience. In addition to physical injuries and emotional distress, victims often face frustrating legal and insurance hurdles when trying to recover compensation. In Minnesota, these challenges could be especially frustrating because of the unique legal process involved in a hit-and-run injury claim and the complexities surrounding uninsured motorist compensation. Learn about the major legal obstacles in a hit-and-run injury claim, why insurance companies sometimes treat these cases unfairly, and what you can do to protect your rights to pursue compensation.
What Qualifies As a Hit-and-Run Accident?
A hit-and-run occurs when a driver involved in an accident leaves the scene without stopping to provide contact information, insurance details, and aid to injured parties. Hit-and-run accidents can involve other vehicles, pedestrians, bicyclists, or property. Minnesota Statute 169.09 makes it a crime to leave the scene of an injury accident.
Despite the illegality of the act, many hit-and-run drivers never face the consequences of their actions because police officers cannot find them, leaving victims in legal and financial limbo.
Immediate Challenges for Seeking a Hit-and-Run Injury Claim
After a hit-and-run, victims face unique obstacles.
- No at-fault driver to sue: Without identifying the other driver, you can’t file a traditional liability claim.
- Uncertainty about coverage: Victims may not know whether their own policy covers hit-and-run injuries.
- Delayed investigation: With limited resources, police officers might struggle to track down a fleeing driver. It can take weeks — if it happens at all.
- Mounting expenses: Medical bills and lost wages can pile up before receiving any compensation.
Minnesota’s No-Fault Insurance Law: What It Covers (and Doesn’t)
Minnesota is a no-fault insurance state, which means your own insurance covers certain expenses regardless of who caused the accident. Personal Injury Protection (PIP) covers:
- Medical expenses (up to $20,000)
- Lost wages (up to $20,000)
- Funeral expenses and replacement services
This coverage is helpful in the short term but often falls far short of compensating victims for serious injuries. Moreover, no-fault insurance in Minnesota does not cover pain and suffering, future lost earnings, or long-term disability. That’s where a hit-and-run injury claim becomes more complicated, especially when trying to access uninsured motorist compensation.
The Role of Uninsured Motorist Compensation in Hit-and-Run Cases
In Minnesota, uninsured motorist compensation is part of every auto insurance policy. This coverage kicks in when an uninsured driver or a driver who flees the scene injures you. This often makes it the primary source of recovery in hit-and-run cases.
While it may seem like a safety net, this coverage is often difficult to access without legal help. Insurance companies may delay, deny, or minimize payouts, forcing victims to fight for what they deserve.
Why Insurance Companies Treat Hit-and-Run Victims Unfairly
Although insurance companies have a legal obligation to act in good faith, many don’t. Hit-and-run victims frequently encounter unfair tactics when seeking payment from an uninsured motorist claim.
Disputing the Circumstances
Insurance adjusters may claim the incident wasn’t a true hit-and-run or argue that the victim fabricated the story. Without dashcam footage or independent witnesses, these claims are harder to prove, giving insurers room to challenge them.
Delaying Claims
Insurers may drag their feet when processing a hit-and-run injury claim, hoping victims will accept a low insurance settlement out of frustration or financial desperation.
Underestimating Damages
Adjusters often undervalue injuries or argue that medical treatment was unnecessary. In severe injury cases, they may contest the amount owed, especially if future medical care or long-term disability is part of the amount.
Blaming the Victim
The insurer may try to assign partial fault to the injured party, claiming their actions contributed to the accident. This tactic can reduce or eliminate compensation if not successfully challenged.
Proving a Hit-and-Run Occurred
Without the other driver present, it’s on the victim to prove the crash was a genuine hit-and-run. You may need to provide:
- Police reports
- Eyewitness statements
- Surveillance or traffic cam footage
- Photos of the damage
Without concrete proof, insurers may deny your claim.
Strict Deadlines
Minnesota has a six-year statute of limitations for personal injury claims, but many insurance policies institute shorter deadlines for notifying the insurer and filing for uninsured motorist compensation. Missing these deadlines can jeopardize your entire claim.
Mandatory Arbitration
In Minnesota, uninsured motorist disputes often go to binding arbitration rather than court. While this process can be more efficient, it can also limit your ability to argue your case and appeal unfavorable decisions.
Steps to Take Immediately After a Hit-and-Run Accident
To protect your right to a fair hit-and-run injury claim, follow these steps.
- Call the police: A police report is essential for your case.
- Seek medical attention: Even if your injuries seem minor, see a doctor.
- Take photos: Record the damage to your vehicle and the surroundings.
- Talk to witnesses: Get contact information and statements from witnesses.
- Notify your insurer: Promptly inform the insurance company of the accident.
- Consult personal injury attorneys: The proper legal guidance can make or break your case.
How Minnesota Car Accident Injury Attorneys Can Help
Never assume your insurance company is on your side. The insurer is a business with profit motives. Hiring experienced Minnesota car accident injury lawyers can significantly improve your chances of recovering full compensation through several actions.
- Investigating the accident: Lawyers can work with investigators to locate the at-fault driver or gather evidence for a strong claim.
- Filing your claim: Your attorneys ensure you meet all legal deadlines and procedural requirements.
- Handling the insurer: They negotiate directly with the insurance company, pushing back against unfair denials or lowball offers.
- Representing you in arbitration or court: If your case goes to arbitration or litigation, your attorneys advocate aggressively on your behalf.
Compensation You May Deserve to Have
Victims of hit-and-run accidents in Minnesota may be eligible for compensation that goes well beyond what no-fault insurance provides, including:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability
- Loss of enjoyment of life
What If Police Eventually Identify the Driver?
If the hit-and-run driver is found, you can pursue a traditional personal injury claim against them. However, if the driver has no insurance or insufficient coverage, your insurance company may still need to pay
In such cases, it becomes essential to coordinate between multiple insurance claims to maximize your recovery. Experienced attorneys will help navigate these overlapping coverages.
Need Help With a Hit-and-Run Injury Claim? Call Tyroler Leonard Injury Law Today
Don’t Try to Fight for Your Uninsured Motorist Compensation Alone
Hit-and-run accidents are more than just criminal events. They can result in complex civil cases that leave victims struggling with physical, emotional, and financial harm. Filing a successful claim in Minnesota involves overcoming numerous legal and procedural obstacles, especially when dealing with reluctant or adversarial insurance companies.
Understanding your rights to uninsured motorist compensation and securing experienced legal representation are critical steps toward recovery. Don't settle for less than you deserve. If you've been the victim of a hit-and-run, our experienced Minnesota hit-and-run lawyers are ready to help. Time is critical in a hit-and-run injury claim, and early action can make all the difference in winning the financial award you deserve. Call Tyroler Leonard Injury Law today at (651) 259-1113 for a no-obligation, free case review.