What to Do After a Hit-and-Run Accident in Pennsylvania
A hit-and-run accident is one of the most frustrating experiences a driver or pedestrian can face. The person who caused the crash has fled the scene, leaving you injured, shaken, and without an obvious source of compensation. In Pennsylvania, hit-and-run accidents are both a criminal offense and a situation that requires careful navigation of the insurance system to protect your right to recovery.
Understanding what steps to take immediately after a hit-and-run, what insurance coverages apply, and how Pennsylvania law addresses these incidents can help you avoid costly mistakes during an already stressful time.
Hit-and-Run Is a Crime in Pennsylvania
Under 75 Pa.C.S. § 3742 and § 3743, leaving the scene of an accident is a criminal offense in Pennsylvania. If the accident involves injury or death, the fleeing driver faces felony charges, including potential imprisonment. Even in property-damage-only accidents, leaving the scene is a misdemeanor that carries fines and possible jail time.
The criminal nature of hit-and-run means that law enforcement takes these cases seriously. Police departments investigate hit-and-run accidents using surveillance footage, witness descriptions, vehicle debris, paint transfer evidence, and license plate databases. However, the criminal investigation and the civil process for recovering compensation are two separate tracks, and one does not depend on the other.
Immediate Steps to Take at the Scene
• Call 911 immediately. Report the accident and request police and medical assistance. A police report is critical for both the criminal investigation and your insurance claim.
• Document everything you remember about the fleeing vehicle. Color, make, model, license plate number or partial plate, direction of travel, and any distinguishing features.
• Look for witnesses. Other drivers, pedestrians, and nearby business employees may have seen the accident or the vehicle fleeing. Collect their names and phone numbers.
• Check for surveillance cameras. Nearby businesses, traffic cameras, residential doorbell cameras, and dashcams from other vehicles may have captured the incident.
• Photograph the scene. Take pictures of your vehicle damage, the accident location, road conditions, debris, and any skid marks or paint transfer.
• Seek medical attention. Even if your injuries seem minor, get examined by a doctor. Some injuries, particularly whiplash and concussions, may not present symptoms immediately.
How Insurance Coverage Applies After a Hit-and-Run
When the at-fault driver cannot be identified, your own insurance policy becomes the primary source of compensation. Pennsylvania’s uninsured motorist coverage, governed by 75 Pa.C.S. § 1731, treats hit-and-run accidents the same as accidents involving uninsured drivers.
If you carry UM coverage, it will pay for your medical expenses, lost wages, and pain and suffering up to your policy limits. Pennsylvania law requires insurance companies to offer UM coverage to every policyholder, though drivers can reject it in writing. If you did not sign a valid written rejection, UM coverage is presumed to be part of your policy.
Your first-party medical benefits, which are part of Pennsylvania’s no-fault system, also apply regardless of whether the other driver is identified. These benefits cover reasonable and necessary medical expenses, typically up to $5,000 unless you purchased higher limits.
Collision coverage, if you carry it, will cover the repair or replacement of your vehicle, subject to your deductible. This applies whether or not the hit-and-run driver is ever found.
The Physical Contact Requirement
One important nuance in Pennsylvania hit-and-run cases involves the physical contact requirement for UM claims. Under most UM policies, there must be actual physical contact between the unidentified vehicle and your vehicle or person. This requirement can create complications in scenarios where a phantom vehicle runs you off the road without making direct contact. Some Pennsylvania car accident attorneys have successfully argued around this requirement using witness testimony and physical evidence, but it remains a potential hurdle in certain hit-and-run cases.
What Happens If the Hit-and-Run Driver Is Found
If law enforcement identifies the hit-and-run driver, additional options become available. You can file a claim against the driver’s liability insurance, and you may also be able to pursue a civil lawsuit for damages. The driver’s criminal prosecution is separate from your civil claim, but a conviction or guilty plea can serve as strong evidence of fault in the civil case.
If the identified driver turns out to be uninsured, your UM coverage remains available. If the driver is underinsured, meaning their liability limits are insufficient to cover your damages, your UIM coverage can fill the gap.
Statute of Limitations for Hit-and-Run Claims
The two-year statute of limitations under 42 Pa.C.S. § 5524 applies to personal injury claims arising from hit-and-run accidents. This deadline runs from the date of the accident, not from the date the driver is identified. If the driver is never found, you still must file any lawsuit within two years.
For UM claims against your own insurer, the policy terms may impose additional notice requirements. Most policies require prompt reporting of the accident and cooperation with the insurer’s investigation. Failing to meet these requirements can jeopardize your claim.
Protecting Your Rights After a Hit-and-Run
Hit-and-run accidents leave victims feeling powerless, but Pennsylvania law provides multiple avenues for compensation even when the at-fault driver disappears. Your own insurance policy, including UM coverage, first-party medical benefits, and collision coverage, can provide significant financial recovery.
The key is to act quickly. Report the accident to police, seek medical attention, notify your insurance company, and preserve all evidence. The sooner you begin the process, the stronger your position will be, whether the driver is eventually identified or not.