What to Do if You Are Injured in a Hit-and-Run Accident in New Orleans

A hit-and-run leaves you with injuries, medical bills, and vehicle damage while the driver who caused the crash is gone. That does not mean you have no way to recover. A hit-and-run accident attorney in New Orleans can explain your options. This guide helps us understand what to do at the scene, who may pay, how uninsured motorist coverage works, and the filing deadline.

Key Takeaways

• Get to safety, call 911, and record the fleeing vehicle’s plate, color, make, and direction when possible.
• If the driver is not found, your uninsured motorist coverage may become your main source of recovery.
• Louisiana insurers must offer UM coverage unless it was rejected in writing.
• Leaving the scene is a crime under La. R.S. 14:100.
• For crashes on or after July 1, 2024, the filing deadline is generally two years from the date of injury.

Leaving the Scene of an Accident Is a Crime in Louisiana

Leaving a crash scene is a criminal offense in Louisiana, under La. R.S. 14:100, a property-damage-only hit-and-run can bring a fine of up to $500, up to six months in jail, or both.

If the crash causes injury or death, the offense carries a fine of up to $5,000, two to ten years in prison, or both. A five-to-twenty-year sentence applies only when death or serious bodily injury occurs, and the driver has a qualifying prior conviction, such as DWI, vehicular homicide, or negligent injuring.

Steps to Take After a Hit-and-Run Car Accident in New Orleans

Get to safety, call 911, and begin documenting the crash. Move out of traffic if your vehicle can be driven safely and wait for NOPD.

If you are able:

• Record the plate number, even if partial, plus the vehicle’s make, model, color, and direction.
• Get witness names and phone numbers.
• Photograph the vehicle, damage, scene, and visible injuries.
• Get medical care promptly because some injuries may not appear right away.

Who Pays for Medical Expenses and Other Damages After a Hit-and-Run?

If police identify the driver, you can pursue that person and their liability insurer. If the driver remains unknown or uninsured, your own uninsured motorist coverage may apply.

Check with the investigating officer. A plate captured by a doorbell camera, dashcam, or witness’s phone may identify the driver later.

Uninsured Motorist Coverage Is Your Main Path After a Hit-and-Run

When the driver is not found, uninsured motorist coverage is the main source of compensation. Louisiana is an at-fault state with no PIP or no-fault system, so there are no automatic personal-injury benefits.

UM coverage fills that gap. Louisiana insurers must offer it, and you carry it unless you rejected it in writing, so review your declarations page.

It may cover medical bills, lost wages, and pain and suffering up to the policy limit. Report the crash promptly, follow the notice requirements, and be careful when speaking with the adjuster. Our notes on dealing with the insurance adjuster explain why.

Bringing a Claim or Lawsuit Against a Hit-and-Run Driver

If police find the driver, you may bring a claim against their liability insurer or file a personal-injury lawsuit. You may also sue when the driver is uninsured or when your damages exceed their policy limits.

For crashes on or after July 1, 2024, Louisiana gives you two years from the date of injury to file suit under La. Civ. Code art. 3493.1. Crashes before that date fall under the former one-year rule.

A fleeing driver may have little money to collect, which is why UM coverage usually remains important.

Recovery Paths After a New Orleans Hit-and-Run

Frequently Asked Questions

Will my insurance pay if the hit-and-run driver is never found?

UM coverage may apply. It can cover medical bills, lost wages, and pain and suffering up to your policy limit.

Does a hit-and-run count against my own insurance?

A UM claim uses coverage you already paid for. Your insurer may still investigate the claim, so keep clear records and be careful before giving a recorded statement.

How long do I have to file a claim after a hit-and-run?

For crashes on or after July 1, 2024, you generally have two years from the date of injury under La. Civ. Code art. 3493.1. Earlier crashes fall under the former one-year deadline. UM notice deadlines may be shorter.

What are the penalties for the driver who fled?

Under La. R.S. 14:100, a property-damage hit-and-run can bring up to a $500 fine, six months in jail, or both. If injury or death results, penalties may include up to a $5,000 fine and two to ten years in prison. Five to twenty years applies only with a qualifying prior conviction.

Get Help After a New Orleans Hit-and-Run

No two hit-and-run cases are the same. Learning how UM coverage and the filing deadline apply after the window closes is too late.

Charbonnet Law Firm has represented injured people across New Orleans for three generations. The consultation is free. Call (504) 888-2227 to discuss your crash and options while there is still time to act.