Hit by a Driver Who Drove Away? You Don't Have to Sort It Out Alone

Looking for a hit and run car accident lawyer West Virginia crash victims can turn to? Here is the short answer: when the other driver leaves the scene, an injured person may still have a claim, even if that driver is never found. In many cases, the main source is uninsured motorist coverage on your own auto policy. This guide explains how these claims work, which deadlines matter, and what to do right now.

What a Hit and Run Claim Is and Who It Helps

A hit and run claim seeks compensation for injuries or losses caused by a driver who left the scene. The claim can move forward once that driver is identified. It can also move forward when the driver is never found.

This is different from an ordinary crash. Usually, the other driver’s insurer is known from the start. In a hit and run, that insurer may be unknown, so your own policy often becomes central.

These claims can help:

• Drivers hurt when another vehicle leaves without stopping.
• Passengers riding in the vehicle that was hit.
• Pedestrians and cyclists struck by a vehicle that does not stop.
• Families of someone killed in a hit and run. A wrongful death action is brought by the personal representative of the person who died, and the damages go to surviving family members as the statute directs.

What a Claim Can Cover After a Hit and Run Crash

A claim can seek money for the medical, financial, and personal losses that follow the crash. Losses often grow over time, so it helps to track every cost from day one.

• Medical care: emergency treatment, hospital stays, surgery, rehabilitation, and ongoing care.
• Lost income: missed work now, and reduced ability to earn later.
• Pain and suffering: the physical and emotional toll, and loss of enjoyment of life.
• Property: repair or replacement of your vehicle and damaged personal items.
• Serious injuries: traumatic brain injury and spinal cord injury often need long-term planning, so the full picture can take time to form.

For families, West Virginia law lists what a wrongful death verdict may include. These categories include sorrow, mental anguish, and solace; expected loss of income and of services, protection, care, and assistance; care and hospital costs; and reasonable funeral expenses (W. Va. Code § 55-7-6).

If an injured person dies because of the crash, the wrongful death action is brought by and in the name of the personal representative (W. Va. Code § 55-7-6). If the injured person had already brought an action for the injury and then died as a result, the action does not abate because of the death. It may be revived in the name of the personal representative (W. Va. Code § 55-7-8).

Where Compensation Can Come From When the Driver Is Never Found

When the at-fault driver cannot be identified, uninsured motorist coverage on your own auto policy is often a key source of recovery. West Virginia law requires motor vehicle policies to include a provision that pays the insured what they are legally entitled to recover from the owner or operator of an uninsured motor vehicle, within policy limits (W. Va. Code § 33-6-31). W. Va. Code § 33-6-31 reads: “unless it contains an endorsement or provisions undertaking to pay the insured all sums which he or she is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits which shall be no less than the requirements of section two, article four, chapter seventeen-d of this code, as amended from time to time: Provided, That such policy or contract shall provide an option to the insured with appropriately adjusted premiums to pay the insured all sums which he or she shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle up to an amount of $100,000 because of bodily injury to or death of one person.”

The statute also sets a notice step. When the identity of the at-fault driver is unknown, the insured, in order to recover under the uninsured motorist coverage, must notify the insurance company within sixty days after the accident that they have a cause of action from it (W. Va. Code § 33-6-31). The insurer may then ask, within five days, to inspect the vehicle you were occupying.

Policies can also carry their own terms. The firm reviews the actual policy language, not just the general rule. Coverage for underinsured vehicles is a separate question. The statute treats a vehicle as underinsured when its liability limits are less than the underinsured motorists’ coverage you carried, or have been reduced below those limits by payments to others injured in the accident. If another party contributed to the crash, a claim against that party may also be possible.

Steps That Help Protect a Hit and Run Claim

The steps you take in the first days can shape the evidence a claim relies on. Keep these habits in mind.

• Get a medical evaluation right away, even if symptoms seem minor. Some injuries, including concussions, can show up later. Keep every record and bill.
• Report the crash to police and write down the report number.
• Write down what you remember about the other vehicle: color, make, partial plate, damage, and direction of travel.
• Photograph the scene, your vehicle, your injuries, and any debris.
• Note witnesses and nearby businesses that may have cameras.
• Notify your own auto insurer promptly, and keep copies of every letter and note of every call.
• Review any release before you sign it.

How the Process Works With the Firm

The process starts with a free case review, where you describe what happened in your own words. Here is how the work usually moves forward.

1. Free case review. You share the date, location, injuries, and insurance details. The review is confidential, with no obligation to continue.
2. Document review. The firm looks at the police report, medical records, and your policy’s uninsured motorist terms.
3. Investigation. This can include looking for witnesses and requesting video from nearby businesses.
4. Insurer contact. The firm handles communication with insurers and, where needed, files a claim or lawsuit.
5. Negotiation or litigation. The firm keeps you informed as the case moves forward.

Timing varies with injury severity, medical recovery, and how insurers respond. The firm explains the expected stages at the start.

Deadlines and Fault Rules to Know in West Virginia

Generally, West Virginia gives two years to bring a personal injury claim. The statute covers personal actions for personal injuries and sets the same two-year period for damage to property (W. Va. Code § 55-2-12).

Wrongful death claims have their own rule. Every wrongful death action must be commenced within two years after the death, subject to the provisions of section eighteen, article two, chapter fifty-five (W. Va. Code § 55-7-6). W. Va. Code § 55-7-6 reads: “The provisions of this section shall not apply to actions brought for the death of any person occurring prior to July 1, 1988.”

Which rule applies, and whether any exception changes the period, depends on the facts. Waiting until the driver is found can put a claim at risk, so the firm discusses deadlines at the free case review.

Under W. Va. Code § 55-7-13a, recovery in a personal injury, property damage, or wrongful death action is based on comparative fault, and each person’s liability is allocated in direct proportion to that person’s percentage of fault. Fault is expressed as a percentage (W. Va. Code § 55-7-13a). Under W. Va. Code § 55-7-13c, your own fault bars recovery if it is greater than the combined fault of all other persons responsible for the total damages. If your fault is less than that combined fault, your recovery is reduced in proportion to your degree of fault (W. Va. Code § 55-7-13c).

When the other driver is gone, fault is judged from the evidence that remains. That includes witness accounts, video, and physical damage to your vehicle.

Frequently Asked Questions About Hit and Run Claims in West Virginia

Short answers to common questions are below.

Talk With the Firm About Your Hit and Run Crash

Many people reading this are researching for someone else. You may be a spouse, a parent, or an adult child, and you may be handling medical visits and insurance calls at the same time. You don’t have to sort out every answer before you reach out.

Before you contact the firm, gather the date and location, a short description of injuries and treatment, any police report number, and your insurance information. Bring whatever you have, even if it is incomplete.

The firm’s free case review is confidential, with no obligation to continue. If a driver left you or someone you love hurt, request a free case review and tell Big Bubba what happened in your own words.