Hills Daniels & Associates
Hit-and-Run Accidents in Louisiana: What to Do When the Other Driver Flees
Being involved in a car accident is frightening enough. But watching the driver who hit you speed away — leaving you injured, shaken, and alone on the side of the road — adds a layer of helplessness and frustration that makes an already terrible situation even worse. Hit-and-run accidents happen every day across Louisiana, and many victims assume that because the other driver fled, they have no options for compensation.
That assumption is wrong. Louisiana law provides real avenues for hit-and-run victims to recover compensation — and an experienced personal injury attorney can help you pursue every single one of them.
You Have Options Even If the Driver Was Never Found
Many hit-and-run victims recover significant compensation even when the at-fault driver is never identified. Your own insurance policy, uninsured motorist coverage, and other sources may all be available to you. Call Hills Daniels & Associates for a free consultation — we will identify every avenue of recovery in your specific situation.
What Is a Hit-and-Run Accident?
A hit-and-run accident occurs when a driver involved in a crash leaves the scene without stopping to identify themselves, provide their insurance information, or render aid to injured parties. In Louisiana, leaving the scene of an accident is a criminal offense — and the penalties increase significantly when injuries or death are involved.
Hit-and-run accidents can involve vehicles striking other vehicles, pedestrians, cyclists, or parked cars. They are disturbingly common in Louisiana — particularly in the New Orleans metro area — and they leave victims facing real injuries and real financial losses with an at-fault driver who has disappeared.
What to Do Immediately After a Hit-and-Run
The steps you take in the minutes and hours immediately following a hit-and-run are critical — both for your safety and for preserving your ability to recover compensation. Here is exactly what to do:
Stay at the Scene and Call 911
Do not chase the fleeing driver — it is dangerous and could make the situation worse. Stay where you are, check for injuries, and call 911 immediately. A police report is essential for any insurance claim or legal action in a hit-and-run case.
Write Down Everything You Remember About the Fleeing Vehicle
While it is fresh in your mind, note as much detail as possible about the vehicle that hit you — color, make, model, body style, any damage you noticed, and most importantly any portion of the license plate number you may have caught. Even a partial plate can help law enforcement identify the driver.
Look for Witnesses and Surveillance Cameras
Ask anyone nearby if they saw what happened and get their name and phone number. Look around for traffic cameras, business security cameras, dashcams on nearby vehicles, or doorbell cameras on nearby homes. This footage can be invaluable in identifying the fleeing driver — and it disappears fast if not preserved.
Photograph Everything at the Scene
Take photos and video of your vehicle, the damage, the road, any debris from the fleeing vehicle (broken glass, bumper pieces, paint transfer), skid marks, and your injuries. Any physical evidence left behind by the fleeing vehicle can help identify it.
Seek Medical Attention Right Away
Even if you feel relatively okay, go to the emergency room or urgent care the same day. Adrenaline masks pain, and injuries from car accidents often worsen in the hours and days that follow. Medical records from the same day as the accident are critical to any compensation claim.
Notify Your Own Insurance Company
Report the hit-and-run to your own insurer promptly. Stick to the basic facts — where, when, and what happened. Do not speculate, do not admit fault, and do not give a recorded statement without first speaking to an attorney.
Contact a Personal Injury Attorney
Hit-and-run cases involve unique legal and insurance complexities. An attorney can help identify the at-fault driver, preserve critical evidence, navigate your uninsured motorist claim, and fight for the maximum compensation available to you — even when the other driver was never found.
How Can You Get Compensation If the Driver Fled?
This is the question every hit-and-run victim asks. The answer depends on your specific insurance coverage and whether the at-fault driver is ever identified. Here are the primary avenues of recovery:
Uninsured Motorist (UM) Coverage — Your Most Important Protection
In Louisiana, a hit-and-run driver is treated as an uninsured driver for insurance purposes. If you carry Uninsured Motorist (UM) coverage on your own policy — which we strongly recommend — you can file a claim with your own insurance company to cover your medical bills, lost wages, pain and suffering, and other damages. UM coverage is your single most important protection in a hit-and-run scenario.
Collision Coverage
If you have collision coverage on your auto policy, it will cover the damage to your vehicle regardless of who was at fault — including in a hit-and-run. You will typically owe your deductible, but the repairs will be covered. If the at-fault driver is later identified, your insurer may recover your deductible through subrogation.
Medical Payments Coverage (MedPay)
If your policy includes MedPay coverage, it will pay for your medical expenses up to the policy limit regardless of fault — providing immediate help with bills while your UM claim or other recovery is being pursued.
Claim Against the Identified Driver
If law enforcement identifies the hit-and-run driver — through license plate searches, surveillance footage, witness tips, or other investigation — you can pursue a traditional personal injury claim against them directly. An attorney can assist law enforcement's efforts and conduct an independent investigation to help identify the driver.
Louisiana LIGA — Last Resort Protection
In limited circumstances, the Louisiana Insurance Guaranty Association (LIGA) may provide a safety net when an identified at-fault driver's insurance company becomes insolvent. An attorney can advise whether this applies to your situation.
Louisiana UM Coverage Requirements
Louisiana law requires insurance companies to offer UM coverage equal to your liability limits. Many drivers unknowingly waive this coverage when purchasing a policy — often without fully understanding what they are giving up. If you waived UM coverage, you may have significantly limited your options in a hit-and-run scenario. An attorney can review your policy and identify every available source of recovery.
What Does Louisiana Law Say About Hit-and-Run Accidents?
| Louisiana Law | What It Means for You |
|---|---|
| Leaving the scene is a criminal offense | The fleeing driver faces criminal charges — which can support your civil claim if they are identified |
| Hit-and-run driver = uninsured driver for UM purposes | Your UM coverage applies even when the driver is never identified |
| Physical contact requirement for UM claims | Louisiana generally requires actual physical contact between the hit-and-run vehicle and your vehicle to trigger UM coverage — a near-miss that forces you off the road may not qualify |
| Two-year prescriptive period | You have two years from the date of the accident to file a personal injury claim |
| UM claims have their own notice requirements | You must notify your insurer promptly — delays can complicate or jeopardize your UM claim |
What You Can Recover in a Hit-and-Run Case
Through your UM coverage and any claim against an identified driver, a hit-and-run victim in Louisiana may be able to recover:
- All medical expenses — emergency treatment, surgery, hospitalization, rehabilitation
- Future medical costs if your injuries require ongoing care
- Lost wages during your recovery
- Loss of future earning capacity for permanent injuries
- Pain and suffering — physical and emotional
- Property damage to your vehicle
- Rental car costs during repairs
- Emotional distress and loss of enjoyment of life
- Wrongful death damages if a family member was killed
Why You Need an Attorney for a Hit-and-Run Case
Hit-and-run cases are uniquely challenging. You may be dealing with your own insurance company — which, despite being your insurer, has the same financial incentive to minimize what it pays you as any other insurance company. You may also be dealing with law enforcement's investigation, the search for the fleeing driver, and the complex intersection of criminal and civil law.
An experienced personal injury attorney handles all of this on your behalf — investigating the accident, working with law enforcement, preserving surveillance footage and other evidence, managing your UM claim, and fighting for every dollar you are entitled to.
Your Own Insurance Company Is Not Always on Your Side
When you file a UM claim with your own insurer, they still have a financial interest in paying you as little as possible. Having an attorney represent you — even in a claim against your own insurance company — typically results in significantly higher compensation. Call Hills Daniels & Associates today. Your consultation is always free.
Hit by a Driver Who Fled the Scene? We Can Help.
At Hills Daniels & Associates, we handle hit-and-run accident cases across Louisiana every day.
Our consultations are always free, and we never charge a fee unless we win your case. Call us today at (504) 641-0016 or fill out the form on this page to get started.
Hit by a Driver Who Fled? You Still Have Rights.
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