Partner at Charbonnet Law Firm LLC
Practice Areas: Personal Injury
A hit-and-run can leave you with more questions than answers. The other driver is gone, your car is damaged, and you may be dealing with injuries and medical bills without knowing who will pay for them.
If the driver is never found, that does not necessarily mean you have no way to recover compensation. Your own insurance coverage may help, and other options may be available depending on how the crash happened.
A hit-and-run accident attorney in New Orleans can help you understand what to do next, what evidence to collect, and what deadlines apply to your claim.
Louisiana law treats leaving the scene of a crash as a criminal offense, with penalties based on whether the crash caused property damage, injuries, or death.
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 someone is injured or killed, the penalties can increase to a fine of up to $5,000, two to ten years in prison, or both.
The penalties can be even more serious when the crash causes death or serious bodily injury, and the driver has certain prior convictions, including DWI or vehicular homicide.
If police identify the driver, you may also have another person or insurance policy to pursue for compensation. But even when the driver is never found, you may still have options through your own insurance coverage.
After a hit-and-run, focus on getting to a safe place, calling for help, and recording as much as you can about what happened. If you can move your car safely, get out of traffic and call 911. In New Orleans, NOPD can respond to the crash and begin looking for the other driver.
If you can do so, try to:
You may not be able to gather every detail after a hit-and-run. Do what you safely can and leave the investigation to the police.
If the driver is found, you can usually pursue a claim against the driver and their insurance company. If the driver is never identified or does not have insurance, your own uninsured motorist coverage may help pay for your losses, depending on your policy.
Stay in touch with the police handling the investigation and ask whether they’ve identified the driver. A witness, security camera, or doorbell camera may provide information that helps police track down the vehicle.
Your uninsured motorist coverage can be especially important in a hit-and-run case because it may provide compensation even when the other driver cannot be found.
When the other driver cannot be found, your own uninsured motorist (UM) coverage may become your main source of compensation. Louisiana requires insurers to offer UM coverage unless you reject it in writing, so check your policy.
UM coverage may help pay for medical bills, lost wages, pain and suffering, and other losses up to your policy limits. For example, if you have $50,000 in UM coverage and your covered losses total $40,000, your policy may cover those losses.
Report the hit-and-run to your insurance company as soon as possible. Your policy may have specific requirements for making a UM claim. You can also read our guide on dealing with an insurance adjuster before discussing the claim.
If police find the driver, you may be able to file a claim with their insurer or pursue a lawsuit for your injuries and losses.
Louisiana generally gives you two years from the date of injury to file a lawsuit for crashes on or after July 1, 2024. Crashes before that date generally had a one-year deadline. See La. Civ. Code art. 3493.1 or our guide to Louisiana’s two-year filing deadline.
Even if the driver is found, your UM coverage may still matter if their insurance is limited or they have no insurance.
What happens next depends mainly on whether the driver is found and whether they have insurance.
|
What happened |
Where compensation may come from |
| Driver found and insured | Driver’s liability insurance |
| Driver found but uninsured | Your UM coverage and possibly a claim against the driver |
| Driver never found | Your UM coverage |
Your UM coverage may help pay for medical bills, lost wages, and pain and suffering, up to your policy limits.
Get somewhere safe, call 911, report the crash to NOPD, and record anything you remember about the vehicle. Get medical care and notify your insurer.
Your uninsured motorist coverage may cover your losses, depending on your policy and its limits.
A UM claim uses coverage on your policy. Your insurer will still review the claim, so keep your records and be careful about giving a recorded statement.
For crashes on or after July 1, 2024, the general deadline for an injury lawsuit is two years from the date of injury. UM policies may have earlier notice requirements.
Penalties depend on the circumstances under La. R.S. 14:100 , a hit-and-run involving injury or death can result in felony charges and significant fines or prison time.
A hit-and-run can leave you dealing with injuries, medical bills, vehicle damage, and questions about how you will pay for everything. Your own insurance coverage may help, but understanding what your policy covers and what deadlines apply can make a big difference.
Charbonnet Law Firm has represented injured people in New Orleans and nearby areas for three generations. If you were hurt in a hit-and-run, we can review what happened, look at your insurance coverage, and explain your legal options.
The consultation is free-call (504) 888-2227 to discuss your case.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
