Frequently Asked Questions About Hit and Runs in Illinois

Understanding your insurance options, legal rights, potential penalties, and important deadlines can help you take informed action after an Illinois hit and run accident.

A hit and run accident is not something that anyone anticipates ahead of time. In the moments after a driver leaves the scene, victims may feel shocked, overwhelmed, and unsure of what to do next. Having answers to some of the most common questions about Illinois hit and run accidents can help you take informed action as events unfold.

Issues involving insurance coverage, identifying the driver, criminal charges, civil claims, and legal deadlines can all arise after a hit and run. This article provides general information about some of the most frequently asked questions following these accidents. For guidance tailored to your specific situation, consider speaking with an experienced Illinois personal injury attorney.

Quick Take: What Should You Know After a Hit and Run?

Even when a hit and run driver cannot be identified immediately, insurance coverage and other legal options may still be available. Understanding the difference between criminal and civil cases, preserving evidence, and acting before important deadlines expire can all be important after an accident.

Hit and Run Questions at a Glance

Explore the interactive guide below by scrolling horizontally. Each card highlights one of the important questions that may arise after a hit and run accident in Illinois.

Can I Recover Compensation?

Depending on the circumstances and available insurance coverage, a victim may still have options even when the driver who fled is never identified.

Is a Criminal Case Enough?

Criminal proceedings and civil personal injury claims are separate processes and may involve different purposes and potential outcomes.

What Happens to the Driver?

Illinois law may impose serious criminal penalties depending on the circumstances of the accident and whether property damage, injury, or death occurred.

How Long Do I Have?

Legal deadlines can apply to personal injury claims, making it important to understand how the statute of limitations may affect your right to pursue compensation.

What if We Cannot Identify the Hit and Run Driver?

One of the most stressful aspects of a hit and run accident is the possibility that the driver may never be identified. However, an unidentified driver does not necessarily mean that an injured person has no options for recovering compensation.

Depending on the circumstances and the terms of the applicable policy, uninsured motorist coverage may be available after a hit and run accident. This type of coverage may potentially help address accident-related losses such as medical expenses, lost income, and other damages covered by the policy.

Coverage for vehicle repairs may involve separate provisions, such as collision coverage. Reviewing the specific language of an insurance policy can be important because available coverage may depend on the policy and the facts of the accident.

Insurance Coverage Can Vary

The insurance coverage available after a hit and run accident may depend on the specific policy, applicable coverage limits, and circumstances of the crash. Reviewing your policy carefully can help you better understand your potential options.

Is There a Difference Between Criminal Charges and a Personal Injury Claim?

Yes. A criminal case involving a hit and run driver and a civil personal injury claim are separate legal matters. Criminal proceedings generally involve the government pursuing charges for an alleged violation of the law, while a personal injury claim focuses on an injured person’s potential right to recover compensation for damages.

If a hit and run driver is later identified, law enforcement authorities may investigate the incident and prosecutors may decide whether to pursue criminal charges. That process does not automatically resolve a victim’s separate civil claim for damages.

Depending on the circumstances, a personal injury claim may seek compensation related to past and future medical expenses, lost income, pain and suffering, and other damages recognized under applicable law.

Two Different Legal Processes

A criminal case may focus on whether the driver violated the law, while a civil personal injury claim focuses on damages suffered by the victim. The existence of one case does not necessarily replace the need to pursue the other.

What Are the Penalties for Hit and Run Drivers in Illinois?

Illinois law treats leaving the scene of certain accidents seriously. The potential consequences may vary depending on the circumstances of the collision and whether the accident involved property damage, bodily injury, or death.

Property Damage Only

Depending on the circumstances and the applicable statute, leaving the scene of an accident involving property damage may result in criminal penalties, including misdemeanor charges.

Accidents Involving Injury

When a hit and run accident results in bodily injury, the potential criminal consequences may be more serious and can include felony charges depending on the facts and applicable provisions of Illinois law.

Accidents Resulting in Death

Leaving the scene of an accident involving a fatality may result in serious felony consequences under Illinois law. The specific potential penalties depend on the facts of the incident and the applicable statute.

Why the Details Matter

Hit and run penalties can depend heavily on the specific facts of the accident. The nature of the collision, resulting injuries, and other circumstances may affect how an incident is investigated and charged.

How Long Do I Have to Make a Personal Injury Claim?

In Illinois, the statute of limitations for many personal injury claims is generally two years from the date of the injury or accident. However, important exceptions and different deadlines may apply depending on the circumstances of a particular case.

Waiting too long to pursue a claim can create serious problems. In some circumstances, missing an applicable filing deadline may prevent a case from moving forward. Evidence can also become more difficult to locate over time, including surveillance footage, witness information, and other records.

Acting promptly may help preserve important evidence and provide more time to evaluate available legal options. Because deadlines can vary depending on the facts of a case, obtaining advice about the applicable deadline can be important.

Do Not Assume Every Case Has the Same Deadline

Statutes of limitations and other legal deadlines may depend on the specific facts of a case. Speaking with an attorney can help you better understand the time limits that may apply to your situation.

Common Questions About Illinois Hit and Run Accidents

Can I make an insurance claim if the other driver is never found?

Depending on your insurance policy and the circumstances of the accident, uninsured motorist coverage or other coverage may potentially apply to a hit and run accident involving an unidentified driver.

Can a driver face criminal charges and still be sued in a civil case?

Yes. Criminal proceedings and civil personal injury claims are generally separate legal processes. A criminal case does not necessarily resolve a victim’s potential civil claim for damages.

What damages might be available after a hit and run?

Depending on the circumstances, an injured person may seek compensation related to medical expenses, lost income, pain and suffering, and other damages recognized under applicable law.

Should I wait to take action until the driver is identified?

Waiting may result in lost evidence or missed deadlines. The available options may depend on insurance coverage and other facts even while an investigation into the unidentified driver continues.

When should I speak with a personal injury attorney?

You may want to speak with an attorney if you have been injured, have questions about available insurance coverage, or want to better understand your potential legal rights after a hit and run accident.

Contact Patel Law, PC for Help After a Hit and Run Accident

It is understandable to feel shocked and uncertain about what to do after a hit and run accident. Questions about insurance coverage, medical expenses, lost income, and the identity of the other driver can make an already difficult situation even more stressful.

The experienced Danville personal injury attorneys at Patel Law, PC can help clients better understand their legal options after an accident. Our team can review the circumstances of your case and help you understand the legal process moving forward.

Questions About an Illinois Hit and Run Accident?

If you were injured in a hit and run accident and have questions about your next steps, the team at Patel Law, PC can help you better understand your legal options and the personal injury process.

Our experienced Danville personal injury attorneys assist clients with accident-related claims and can provide guidance as you move forward.