Hit & Run Injuries

MAKING A CLAIM FOR A HIT AND RUN CRASH

Unfortunately if the identity of the hit and run driver is unknown, the victim driver and passenger are limited to making a claim with automobile insurance that covers the vehicle that they were in when this tragedy occurred.  This automobile insurance is commonly known as the uninsured or under-insured (UM) insurance.  The steps in making a claim with the UM insurance company is as follows:

1. Notify the UM insurance of the hit and run incident within 30 days from the date of loss because many UM insurers have this section in its policy.  See Flamm v. Doe, 167 Ga. App. 587, 307 S.E.2d 105 (1983).
2. If the UM insurance company requires a statement under oath within 30 days after reporting the hit and run incident, provide a written statement under oath to that insurer.  See Fremichael v. Doe, 221 Ga. App, 698, 472 S.E.2d 440 (1996).

Because many UM insurers have sections in its policy that describes a UM claimant's duties after a loss has occurred, it is best to review that policy language.  However, in situations where a claimant has notified the UM insurer of the hit and run incident but did not provide a sworn statement of that loss, the UM insurer's actions can constitute a waiver.  This waiver may prevent the UM insurer from asserting a defense of a claimant's failure to follow other strict requirements after reporting the incident.  Generally after being notified, the UM insurer's reception and retention of that claim without objections such as the lack of a sworn statement constitutes its waiver as discussed in Fremichael v. Doe, 221 Ga. App, 698, 472 S.E.2d 440 (1996) and Clark v. State Farm Mut. Ins. Co., 171 Ga. App. 554, 320 S.E.2d 380 (1984).  Ultimately, whether the sworn statement of loss was waived is a question for the jury.  See Fremichael v. Doe, 221 Ga. App, 698, 472 S.E.2d 440 (1996).