Auto Insurance Claims: Hit and Run accident, personal injury insurance, soft tissue injuries

Question
Hello,
Thank you in advance for your advice.  My husband, myself, and our 11 month old baby girl were hit tonight by a driver who sped away from the accident.  The other car sideswiped us on a 4 lane road and spun us 180 degrees.  My husband saw the vehicle speeding away and not stopping, so he drove after him.  We caught up in time to read his license plate before he got on the ramp to the hwy.  We called 911 and reported the vehicle and accident.  The police came and we filed a report.  An ambulance also came because my daughter was screaming and I hit my head against the window and had neck pain.  Rather than go with the ambulance, I decided to go home and go to a physician in the morning.  The police said that the license plate was "live" and that they would track them down.  My husband's car is pretty messed up in the back--at least $1000+ in damage.  What we want to know is what are the next steps we should take to seek not only monies for the car damage, but also personal injury (to me) and/or emotional distress from the hit and run?  Any advice would be most appreciated.  Thanks so much for your time.
Sincerely,
Angela

Answer
Hi Angela,

I am happy that your family was not creamed once you spun 180 degrees.  Yes, by all means open your own Personal Injury Protection (PIP) or MedPay and get your medical and psychological evaluation and treatment started.

You mentioned emotional distress, and yes, that is a compensable item, BUT ONLY IF SUPPORTED BY THE OPINION OF A DOCTOR.  Hence, the need to see your regular doctor for a referral or just go on in to see a psychologist on your own.  

As for the extent of your treatment for your soft tissue injuries, be sure to continue until your body is stable and do not settle too early.  Make sure that your body is able to withstand the rigors of daily living before jumping to settle your claim.  Here is a page with some tips on personal injury insurance settlements http://www.settlementcentral.com/page0014.htm
Personal Injury Attorneys and Insurance Claims Adjusters at http://SettlementCentral.Com Make it Simple and Easy to Settle Your Injury Claim: Do It Yourself and Save

Now, for your direct question regarding what to do about the claim.  First thing to note is that you have protected you rights to proceed against your own Uninsured Motorist coverage (UIM) by reason of both the damage to your vehicle and by the police having been called right away.  Hence you can rest easy about having to satisfy any phantom car clauses.  

Strictly FYI on such claims and the proof required, here is a page dealing with hit and run personal injury insurance claims http://www.settlementcentral.com/page0550.htm
Uninsured Motorist Coverage (UIM) Insurance Claim: Hit & Run or Phantom Car That Caused Personal Injuries and Property Damage.

How do you proceed? Use your own insurance until the police deliver the name and insurance of the tortfeasor.  Keep your medical care under your own insurance company.  If your UIM limits are sufficient for your injuries, then I would NOT be in any hurry to go out and hunt down the tortfeasor to see if he has insurance.  

The reason: it is a lot easier to settle versus your own UIM than take on a third party claim.  For one thing, there is a chance that your UIM claim can be resolved by arbitration, whereas the third party claim will end up with the delay and expense of a jury trial.

One thing that you CAN USE TO YOUR ADVANTAGE in your claim versus EITHER or BOTH the tortfeasor and your own UIM is that jury verdicts DO INCREASE depending upon the degree to which the tortfeasor insults social order.  

In other words, an accident caused by an excessively drunk driver will gain the sympathy of the jury and hence it will be worth more than a claim if the tortfeasor were a school principal.  Why?  Just human nature, I guess.

Likewise, the fact that this tortfeasor took off is a factor that WILL INCREASE THE VALUE OF YOUR CLAIMS.  This will be true for BOTH  the claim versus the tortfeasor, AND FOR YOUR UIM, SINCE YOUR UIM TAKES THE CLAIM IN THE SAME POSITION AS THE TORTFEASOR, AND SUBJECT TO ALL OF THE SAME ATTACKS THAT YOU COULD MAKE VERSUS THE TORTFEASOR.  

Be sure to ask if there is anything that you need to clarify.  I trust that my time here has been of benefit to you, and hence I would respectfully request that you take the time to find the FEEDBACK FORUM on this website and to leave some feedback for me.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
http://www.settlementcentral.com