I have never been the victim of a hit-and-run accident. But I have represented numerous clients who have been injured as the result of a hit-and-run accident. It is particularly frustrating for injury victims involved in hit-and-run accidents because, absent physical evidence or eyewitness, the hit-and-run driver gets off and never faces even a modicum of justice.
Fortunately, in Maryland, there is a mechanism of recovery for accidents that are caused by drivers who leave the scene of an accident. Uninsured motorist insurance – which is available for all insurance policies written in Maryland – also covers claims made for victims involved in accidents where negligent or drunk drivers leave the scene of the accident. In other words, Maryland law essentially finds that a hit-and-run driver whose identity is never uncovered is uninsured for the purposes of making a claim.
From the perspective of a car accident lawyer, hit-and-run uninsured motorist claims hinge on the credibility of the injured witness. Rarely, are there witnesses to report what happened other than the injury victim on the victim’s passengers. If the injury victim is believable, the Plaintiff is generally going to win the case. If the victim lacks credibility or is untruthful on the stand, it is almost impossible to win the case.