Yes, in some cases, you can sue after a hit-and-run in North Carolina. Typically, you can only file a lawsuit if the police find the driver who fled the scene and if your Charlotte hit-and-run accident lawyer has sufficient proof to show that the driver caused your accident through an act of negligence.
If the police cannot find the driver who hit you, you may need to explore other options to secure compensation for your losses.
Can You Sue After a Hit-and-Run in North Carolina?
You may qualify to file a lawsuit against a hit-and-run driver in some circumstances. However, this option only becomes available if law enforcement can identify the driver who hit you and then fled from the accident scene.
Additionally, you may only take this action if a Charlotte car accident lawyer believes they have enough evidence to prove that:
- The other driver owed you a duty of care.
- That driver failed to uphold that duty by engaging in reckless or negligent behavior.
- The driver’s actions directly caused your crash.
- The crash caused your injuries and financial losses.
Therefore, many victims of hit-and-run collisions cannot file a lawsuit to seek compensation for their losses. You can contact a personal injury law firm immediately after a crash to discuss your eligibility to take this type of legal action.
For a free legal consultation, call (877) 333-1000
What Happens if You Sue After a Hit-and-Run?
If you file a lawsuit against the at-fault driver after a hit-and-run, you will need to go through the civil court system to secure compensation for your losses. An attorney can file the appropriate paperwork on your behalf and assist you in all legal hearings.
Your attorney can also present evidence on your behalf during legal proceedings, fighting to bring you fair payment for your economic and non-economic damages. If the court rules in your favor, you may receive funds to cover your:
- Medical expenses
- Pain, emotional distress, and mental anguish
- Property repairs
- Lost wages
- Reduced earning potential
Your attorney can provide more information about what to do after a hit and run in North Carolina and what to expect from the legal process.
Other Options to Get Compensation After a Hit-and-Run
While some drivers can sue in a hit-and-run in North Carolina, your attorney may encourage you to explore other options to secure compensation for your losses. Depending on your situation, a lawyer may focus on:
Getting Funds from Your Insurance Company
Your insurance company may need to pay for your losses after a crash caused by a hit-and-run driver. The company can cover these losses through your underinsured/uninsured motorist policy.
North Carolina’s official vehicle insurance requirements state that motorists must carry underinsured/uninsured motorist coverage. However, the amount of coverage you select can vary. If you have a small policy, it may not fully pay for all your losses.
Lawyers often explore this option if the police cannot find the driver responsible for your collision.
Negotiating with the At-Fault Driver’s Insurance Company
If the police find the driver who hit you and fled the scene, your attorney may not immediately proceed with a lawsuit. Instead, they might focus on securing compensation through a settlement from the other driver’s insurance.
Settling out of court may reduce the time it takes to secure compensation for your losses. Settling can also allow you to avoid court fees. However, if the insurance company refuses to treat you fairly or make a reasonable offer, your attorney may help with a personal injury lawsuit.
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How Long Do You Have to Sue in a Hit-and-Run Case?
Generally, North Carolina has a three-year statute of limitations for personal injury cases, including those that relate to hit-and-run accidents. Most injury victims have to file their legal claims before the statute expires or they lose their chance to secure compensation for their losses.
However, these deadlines may vary based on the specific circumstances around your collision, so it’s crucial to allow a lawyer to consider your situation. Your attorney can provide detailed information about how long you have to get funds for your losses and the steps you need to take to begin the legal process.
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Talk to Us After a Hit-and-Run in North Carolina
So, can you sue in a hit-and-run in North Carolina? In some cases, yes, you can file a lawsuit. But you can only do so if the police find the responsible driver and your attorney has enough evidence to establish their negligence.
Even if your attorney has enough evidence, they may choose to negotiate an insurance settlement instead of going through the court system. You can discuss all the options available to resolve your claim today with our team at DeMayo Law Offices.
We have over 250 years of combined experience that we can use to handle your claim as Your North Carolina Law Firm™. Our firm has brought clients like you over $1 billion in compensation, and we’re ready to discuss the specifics of your claim right now.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
