How to Report a Hit and Run Accident in West Virginia

Imagine driving down the road, minding your own business, when suddenly another vehicle slams into yours and speeds off without stopping. Or perhaps you return to your parked car only to find it damaged, with no note or information left behind.

These scenarios are examples of hit-and-run accidents, and they can leave victims feeling frustrated, angry, and unsure of what to do next.

In West Virginia, correctly reporting a hit-and-run accident is required to protect your legal rights and ensure you receive the compensation you deserve.

How the Law Defines a Hit-and-Run in West Virginia

Under W.V.C §17C-4-2, a hit-and-run accident occurs when a driver involved in a crash resulting in injury, death, or property damage fails to fulfill their legal obligations at the scene.

These situations mean the driver neglects to stop, provide their information, and render aid to anyone who may be injured.

Fleeing the scene of an auto accident is a severe criminal offense in the Mountain State, and it can result in hefty fines, license suspension, and even jail time, depending on the severity of the incident.

Steps to Take After a Hit-and-Run Car Accident

Dealing with the shock and confusion of a hit-and-run car accident can be overwhelming, but taking the proper steps in the immediate aftermath is necessary for protecting your health, safety, and legal rights.

By following these key actions, you can ensure that you gather essential evidence, receive necessary medical attention, and lay the groundwork for a successful insurance claim or legal case.

Check for Injuries and Move to Safety

Immediately after a hit-and-run incident, your top priority should be ensuring the safety and well-being of yourself and any passengers.

Check for injuries and call 911 if anyone requires medical attention. If your vehicle is drivable and it’s safe to do so, move to the shoulder of the road or a nearby parking lot to avoid further collisions.

Gather Evidence and Document the Scene

Once you’re in a secure location, collect as much information as possible about the fleeing vehicle and driver.

You should also write down the following details while they’re still fresh in your mind:

• License plate number (even a partial plate can help).
• Make, model, and color of the vehicle.
• Description of the driver (gender, approximate age, hair color, etc.).
• Direction of the fleeing vehicle.

If you have a smartphone, take photos of the vehicle damage and the surrounding area. Look for any nearby witnesses who may have seen the accident and ask for their contact information, as their testimony could prove invaluable in the investigation.

Contacting Law Enforcement to File an Official Report

Even when car damage seems minor, or you believe you cannot catch the hit-and-run driver, you must report the incident to the police as soon as possible.

Make the Call

Call the non-emergency number of your local law enforcement agency and provide them with all the details you’ve gathered about the other vehicle and driver.

Get a Report

The responding officer will create an official accident report, which you’ll need for insurance purposes. Be sure to obtain a copy of this report for your records.

Parked Vehicles

If your parked car was a hit-and-run victim, follow the same steps as above. Look for a note from the other driver, but if you don’t find one, canvas the area for potential witnesses or security cameras that may have captured the incident.

Remember also to take clear photos of the damage and file a police report to establish an official record of the event.

Taking on Insurance Adjusters After Hit-and-Runs

Promptly notify your insurance company about the hit-and-run accident. Provide them with the police report number and share any photos, witness information, or other evidence you’ve collected.

Review your auto insurance policy to determine what types of coverage may apply, such as collision or uninsured motorist coverage. Your insurer will guide you through obtaining damage estimates and authorizing repairs.

However, don’t be surprised if your insurance company’s initial settlement offer is extremely low. You may need the help of a personal injury attorney to negotiate the complete compensation you deserve.

When Law Enforcement Locates Hit-and-Run Drivers

If the police successfully track down the hit-and-run driver, they will face criminal charges for fleeing the scene of an accident. And depending on the circumstances, they may face additional charges as well.

You can file a claim with the hit-and-run driver’s insurance company to seek compensation for your vehicle damage and any injury-related expenses while the at-fault driver is incarcerated.

However, if the driver is uninsured or lacks sufficient coverage, you may need to turn to your own coverage or consider legal action to recover your losses.

Knowing When to Consult a Personal Injury Attorney

While not every hit-and-run accident requires the assistance of a lawyer, there are certain situations where seeking legal guidance is highly advisable:

• You suffered significant injuries or property damage.
• The insurance company offers a settlement that seems unfair.
• The hit-and-run driver denies responsibility or is uninsured.

An experienced personal injury attorney can protect your rights, handle negotiations with insurance companies, and fight to maximize your compensation. They can also advise you on the best course of action when the hit-and-run driver disappears.

Preventing Hit-and-Run Accidents: Be Prepared and Stay Alert

While it’s impossible to eliminate the risk of falling victim to a hit-and-run completely, there are steps you can take to protect yourself better:

• Maintain adequate uninsured or underinsured motorist coverage as part of your auto insurance policy.
• Consider investing in a dashcam to capture video evidence in case of an accident.
• Practice defensive driving techniques to reduce the likelihood of a collision.
• If you’re involved in an accident, always stop and follow the proper reporting procedures.

Putting the Pieces Back Together After a Hit and Run

Being the victim of a hit-and-run accident can be an overwhelming and stressful experience.

By understanding your legal obligations, gathering evidence, reporting the incident to the proper authorities, and consulting with experienced professionals, you can tackle the aftermath of a hit-and-run with greater confidence and peace of mind.

Remember, you don’t have to face this challenge alone – there are resources and advocates ready to help you every step of the way.

Let West Virginia Car Accident Attorneys Fight for You

At Miley Legal, we understand the physical, emotional, and financial tolls hit-and-run auto accidents have on victims and their families. That’s why we dedicate our practice to helping West Virginia residents receive the justice and compensation they deserve.

Don’t hesitate to contact us for a free, confidential case review. We’ll listen to you, answer your questions, and help you understand your legal options moving forward.

Don’t let a negligent hit-and-run driver get away with turning your life upside down. Contact us today and take the first step towards reclaiming control of your future.