Can I recoup any losses with an identified hit-and-run driver ifI only have liability on my vehicle?

UPDATED: Dec 31, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 31, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I recoup any losses with an identified hit-and-run driver ifI only have liability on my vehicle?

I was involved in a hit-and-run with a semi on an interstate. The driver came over into my lane. I honked and he tried to correct but not in time for his rear tire to hit the back axle of my car. I was spun around into the guardrail, he totalled my car and kept going. There were 2 witnesses and they are willing to testify as to the company the truck came from. My father contacted the company and they denied the incident. I’m a college student and only carried liability. Now I don’t have a car for work or to get back to school. I wasn’t hurt other than being banged up a little and sore, although I did have to go to the doctor for muscle relaxers. We filed a police report but don’t know what the next step should be or what kind of case this will be or if I will be able to recoup any losses.

Asked on December 31, 2011 under Accident Law, Missouri


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The insurance you had on your vehicle is not an issue because the other driver was at fault.

If the insurance carrier for the truck denies liability which is probably the case since the truck company is denying the incident, your recourse would be to sue the truck company for negligence.  An employer (the truck company) is liable for the negligence of its employee (driver) which occurred during the course and scope of employment.

Your damages (the amount you are seeking to recover in your lawsuit) would be the property damage to your car and you would also have damages for your personal injury claim.  The damages for your personal injury claim would include the medical bills and compensation for pain and suffering.  Your personal injury claim should also include documentation of wage loss.  Compensation for the medical bills is straight reimbursement.  The medical report will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

You will need to file your lawsuit for negligence against the truck company and driver prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.  You only file one lawsuit naming both the truck company and driver as defendants.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption