According to Alabama Code § 32-10-2, a hit-and-run driver must provide their name, address, and vehicle registration number. They must also show their driver’s license if asked and provide “reasonable assistance” to anyone injured. When a driver flees the scene in Montgomery, they leave you responsible for injuries and car repairs that were not your fault.
The steps you take in the minutes following the crash will determine if you can recover money for your medical bills and car repairs. Even if the police never find the driver, you may still have options through your own insurance policy. Acting quickly helps ensure that evidence like tire marks or witness statements does not disappear.
At Hunter | Everage, our experienced Montgomery car accident lawyers understand how a hit and run can disrupt your finances and your health. Our team helps those involved in hit-and-run accidents in Montgomery understand their legal options.
What Is a Hit and Run Accident in Alabama?
A hit and run is not just a car hitting another car. It also includes:
- Hitting a pedestrian or cyclist and driving away.
- Striking a parked car and leaving without providing contact info.
- Damaging property, like a fence or mailbox, and failing to notify the owner.
If the accident caused an injury or death, leaving the scene is a Class C felony in Alabama. If only property damage occurred, it is a Class A misdemeanor. Regardless of the severity, the fleeing driver is breaking the law.
What to Do in a Hit and Run Accident in AL
Here’s what to do in hit and run accidents in Montgomery:
1. Pull Over to Safety
Pull over to a safe spot and call 911 immediately. Tell the dispatcher that the other driver left the scene. This starts a police response and ensures that a formal report is created. A police report is a requirement for insurance claims and legal action. While you wait for help, check yourself and your passengers for injuries.
2. Write Down Every Detail
Write down every detail, including the exact time, nearest street signs or landmarks, and everything you remember about the other car. Try to recall the make, model, and color. If you saw any part of the license plate, write it down right away. Note the direction the car was traveling when it drove off. These details help the Montgomery Police Department track down the driver.
3. Collect Evidence
You may wonder, ‘What evidence should you collect after a hit and run?’ To win a case, you need proof. While you wait for the police, use your phone to get photos of the scene, any paint transfer left on your car, and debris (i.e., broken glass or car parts) that came from the other vehicle.
4. Contact a Hit-and-Run Accident Lawyer
Once you are safe and have reported the crash, contact Hunter | Everage. Do not talk to insurance adjusters until you have legal advice. A lawyer can help find camera footage from nearby businesses or traffic lights to identify the person who hit you.
How to Report a Hit and Run Accident in Montgomery, AL
Reporting the crash is a legal requirement under Alabama Code § 32-10-5 if the accident results in injury or more than $500 in property damage. You must file a report with the Alabama Department of Public Safety.
When the officer arrives, give them all the facts. Do not guess. If you didn’t see the driver’s face, tell them that. The officer will create an SR-13 form or a standard accident report. This document is a key piece of evidence. Make sure to get the officer’s name and the case number so your lawyer can find it later.
What if the Hit-and-Run Driver Is Never Found?
Sometimes, the police cannot find the fleeing driver. You can still get money for your injuries and car repairs. You will usually file a claim with your own insurance company.
Using Your Uninsured Motorist (UM) Coverage
You should use your Uninsured Motorist (UM) coverage. Under Alabama Code § 32-7-23, a “phantom vehicle” or a hit-and-run driver is treated as an uninsured motorist.
If you have UM coverage, your own insurance company “steps into the shoes” of the driver who fled. They pay for the damages that the other driver’s insurance would have covered if they had stayed. This includes pain and suffering, medical costs, and lost wages.
Using Your Collision Coverage
You may also use collision coverage for your car. You will have to pay your deductible first. Your insurance company cannot legally raise your rates for an accident that was not your fault. It is helpful to have a lawyer speak with the insurance company on your behalf. This ensures you get the full amount of money you deserve.
What Compensation Can You Recover After a Hit and Run in Montgomery?
If you are injured, you are entitled to “compensatory damages.” This means money intended to make you “whole” again. This includes:
- Economic Damages: Medical bills, future physical therapy, lost wages, and car repair costs.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: In some cases, the court might order the other driver to pay extra money. This happens if the driver acted with extreme recklessness. These payments are meant to punish the driver for their bad behavior.
How Long Do You Have to File a Hit and Run Claim in Alabama?
Alabama has a strict timeline called the statute of limitations. According to Alabama Code § 6-2-38, you generally have two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you lose your right to sue forever.
If you are filing a claim against your own insurance company for UM benefits, the timeline may vary under your contract, but the two-year rule is the safest standard to follow. Starting early gives your lawyer time to find video footage before it is deleted.
Why You Need a Montgomery Car Accident Lawyer After a Hit and Run
Insurance companies are businesses. Even your own insurance company might try to pay you as little as possible. They might argue that the accident didn’t happen the way you said it did, or that your injuries were pre-existing.
A lawyer will:
- Interview witnesses and gather video evidence.
- Handle all talks with the insurance adjusters.
- Ensure all filings meet Alabama’s legal codes.
- Fight for a settlement that covers your long-term needs.
Contact Our Montgomery Car Accident Lawyer
If you are wondering what to do in a hit-and-run, the answer is to get professional legal help. The team at Hunter | Everage has the experience to handle complex hit-and-run cases in Montgomery.
Contact our Montgomery office today at 704-377-9157 for a free consultation to discuss your case.
