Being involved in a car accident is a traumatic experience. But when the driver responsible flees the scene, the situation becomes even more stressful. Hit and run accidents leave victims feeling helpless, but it's important to know that both Missouri and Kansas have laws in place to protect you. Here’s a breakdown of your legal rights and what steps to take if you're a victim of a hit and run in either state.
What is a Hit and Run?
A hit and run occurs when a driver involved in an accident, whether it's with another vehicle, pedestrian, or property, leaves the scene without providing their contact information or assisting the injured party. Both Missouri and Kansas take hit and run accidents seriously, and the penalties for fleeing the scene can include hefty fines, license suspension, and even jail time.
Legal Rights in Missouri
Missouri law requires that drivers involved in an accident stop and exchange information, regardless of fault. Failure to do so can lead to criminal charges. Here are your legal rights in Missouri if you’ve been the victim of a hit and run:
- Insurance Claims: Missouri is an "at-fault" state, meaning that the party responsible for the accident is liable for damages. If the at-fault driver flees the scene, you may be able to turn to your own insurance. Uninsured motorist coverage is mandatory in Missouri, and it typically covers damages if the hit and run driver can't be identified. However, for property damage, you'll need to turn to collision coverage or uninsured motorist property damage coverage if you have it.
- Criminal Charges: If the hit and run driver is found, they could face serious penalties, including misdemeanor or felony charges, depending on the severity of the accident. Victims also have the right to cooperate with law enforcement in identifying the perpetrator.
- Filing a Lawsuit: If the fleeing driver is found, you have the right to pursue legal action for personal injury, property damage, medical expenses, lost wages, and emotional distress.
Legal Rights in Kansas
Kansas also requires drivers to stop at the scene of an accident. If you’re a hit and run victim in Kansas, here’s what you need to know about your legal rights:
- Insurance Claims: Kansas is a "no-fault" state, which means your own insurance will cover your medical expenses and lost wages up to a certain limit, regardless of who caused the accident. This protection is provided by Personal Injury Protection (PIP) coverage, which is mandatory in Kansas. Similar to Missouri, though, Kansas also requires uninsured motorist coverage for bodily injury but for property damage, you'll need to turn to collision coverage or uninsured motorist property damage coverage if you have it.
- Criminal Charges: Like Missouri, Kansas enforces strict penalties for hit and run drivers. Fleeing the scene of an accident can result in both criminal and civil consequences, depending on the circumstances.
- Pursuing Legal Action: In addition to PIP coverage, you may be able to pursue a lawsuit against the at-fault driver for damages beyond what insurance covers if the hit and run driver is identified.
What to Do After a Hit and Run Accident
- Call 911: Immediately report the accident to the police. A police report will be essential in your insurance claim and any legal actions that follow.
- Seek Medical Attention: Even if you feel fine, it’s crucial to get checked by a healthcare professional after an accident. Injuries can appear hours or even days later.
- Document the Scene: If possible, take photos of the accident scene, your vehicle's damage, and any other relevant details. Write down any information you can remember about the fleeing vehicle, such as make, model, color, or license plate number.
- Talk to Witnesses: If there are any witnesses to the accident, ask for their contact information and statements. They can help law enforcement track down the driver.
- Contact Your Insurance Company: Report the hit and run to your insurer as soon as possible. They will guide you on the next steps and explain what coverage applies to your situation.
Conclusion
Hit and run accidents can be overwhelming, but knowing your legal rights in Missouri and Kansas can make the aftermath a little easier to navigate. Whether you turn to your insurance, file a lawsuit, or cooperate with law enforcement, it’s important to take immediate action to protect your rights. If you’re unsure about your legal options or need help recovering damages, consulting an experienced Castle Law attorney can provide the guidance and support you need during this challenging time.
At Castle Law Office, we specialize in helping victims of hit and run accidents. If you’ve been injured in Missouri or Kansas, don’t hesitate to reach out for a free consultation to discuss your case and explore your legal options.
