Yes, you can settle the civil aspects of a hit-and-run incident outside of court, primarily concerning compensation for damages. However, the criminal charges associated with a hit-and-run, such as leaving the scene of an accident, cannot be settled privately or outside the criminal justice system.
Understanding the Two Aspects of a Hit-and-Run
A hit-and-run typically involves two distinct legal components:
- Criminal Charges: These are brought by the state against the driver who left the scene of the accident. These charges are for violating traffic laws (e.g., failure to stop, render aid, or exchange information). The outcome of criminal charges is determined by the court system (fines, jail time, license suspension, etc.) and is not something the involved parties can "settle" privately.
- Civil Claims: These involve the financial damages resulting from the accident, such as property damage, medical expenses for injuries, lost wages, and pain and suffering. The victim of a hit-and-run can pursue these civil claims against the at-fault driver (or their insurance company if identified) to recover their losses. These civil claims are often what people refer to when discussing "settling" a car accident case.
Here's a quick comparison:
| Aspect | Focus | Settled Outside of Court? | Authority |
|---|---|---|---|
| Criminal | Punishment for breaking the law | No | State/Prosecutor/Criminal Court |
| Civil | Compensation for damages and injuries | Yes | Involved parties/Insurance companies/Civil Court |
Why Settle Civil Claims Out of Court?
Settling a civil claim outside of court can offer several significant advantages for both the victim and the at-fault party (or their insurance company) in a hit-and-run case, once the at-fault driver is identified. These benefits include:
- Faster Resolution and Compensation: An out-of-court settlement can lead to obtaining compensation much sooner than waiting for a lengthy court process. Lawsuits can drag on for months or even years.
- Reduced Legal Costs: Pursuing a case through trial can be expensive due to legal fees, court costs, and expert witness fees. Settling outside of court can significantly reduce these expenses for all parties involved.
- Avoidance of Court Appearances: Many individuals prefer to avoid the stress and time commitment associated with appearing in court, testifying, and dealing with legal procedures. Settling privately bypasses this.
- Predictable Outcome: A settlement provides a guaranteed outcome, whereas a jury trial carries the unpredictability of a judge or jury's decision, which could result in a lower award or no award at all.
- Privacy: Court proceedings are public records. A private settlement can keep the details of the agreement confidential.
Steps to Settle a Civil Hit-and-Run Claim Out of Court
For an out-of-court settlement to occur for a hit-and-run, the at-fault driver must typically be identified. If the driver is not found, victims may need to rely on their own uninsured motorist coverage.
Here's a general overview of the process:
- Identify the At-Fault Driver: This is the crucial first step. Law enforcement investigation, witness statements, and surveillance footage are vital.
- Gather Evidence: Collect all relevant documentation, including police reports, medical records, repair estimates, photographs of damage, witness contact information, and any evidence of lost wages.
- Notify Insurance Companies: Inform your own insurance company and, if the driver is identified, their insurance company about the accident and your intent to file a claim.
- Demand Letter: Your attorney (if you have one) or you can send a demand letter to the at-fault driver's insurance company detailing your damages and a proposed settlement amount.
- Negotiation: The insurance company will review your demand and may make a counteroffer. This begins a negotiation process where both sides try to agree on a fair compensation amount.
- Mediation (Optional): If negotiations stall, parties might agree to mediation, where a neutral third party helps facilitate an agreement.
- Settlement Agreement: If an agreement is reached, a formal settlement agreement is drafted. This legally binding document outlines the terms of the settlement, including the compensation amount, and typically requires the victim to waive their right to pursue further legal action for that incident.
- Payment: Once the agreement is signed, the settlement amount is paid to the victim.
Challenges in Settling Hit-and-Run Civil Claims
While settling out of court is preferable for many, hit-and-run civil claims can present unique challenges:
- Unidentified Driver: The primary hurdle is often identifying the driver who fled the scene. Without an identified at-fault party, there's no one to pursue a claim against, aside from potentially your own insurance.
- Lack of Insurance/Assets: Even if the driver is identified, they may be uninsured or underinsured, or lack sufficient personal assets to cover the damages.
- Disputed Liability: The at-fault driver or their insurance company might dispute liability, the extent of damages, or causation, leading to prolonged negotiations.
Despite these challenges, if the at-fault party is identified and has insurance or assets, settling a civil claim outside of court remains a viable and often advantageous option for recovering damages.
