Accident Q&A series

How can I make an injury claim after a hit-and-run accident if I recorded the other vehicle's license plate?

· Wallace Pierce Law

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Short Answer

You can use the recorded license plate to help law enforcement identify the vehicle’s registered owner, investigate the driver, and locate possible liability insurance. If the driver or applicable coverage cannot be found, you may have a claim through uninsured motorist coverage. Report the crash promptly, notify your insurer within a reasonable time, and preserve evidence because a license plate alone does not prove who was driving or establish liability.

What the License Plate Can Help Establish

A license plate is an important starting point in a North Carolina hit-and-run injury claim. Law enforcement can use it with the vehicle’s description, crash location, witness information, and other evidence to investigate who owned and operated the vehicle.

The plate may lead to the registered owner, but the registered owner and the driver may be different people. Additional investigation may be needed to determine:

  • Whether the plate was recorded correctly and matched the vehicle involved.
  • Who owned the vehicle on the crash date.
  • Who was driving and whether that person had permission to use the vehicle.
  • Whether liability insurance covered the vehicle or driver.
  • Whether another legal basis exists for holding the owner responsible.

The other driver’s statements about being unlicensed or not owning the vehicle do not decide whether compensation is available. An unlicensed driver may still be covered under an applicable policy, although policy language, permission, vehicle ownership, and other facts must be investigated. Likewise, ownership by someone else does not automatically make that owner liable for the crash.

Possible Paths for a North Carolina Hit-and-Run Claim

A claim involving the other vehicle’s insurance

If investigators identify the vehicle, its owner, and applicable liability insurance, you may be able to present a bodily injury claim to that insurer. The claim would generally need evidence that the driver acted negligently, that the conduct caused the collision, and that the collision caused documented injuries and losses.

Evidence that the other vehicle crossed into your lane may be important, but the entire sequence still matters. Relevant evidence can include vehicle damage, scene photographs, roadway markings, witness accounts, nearby video, the crash report, and statements made at the scene.

An uninsured motorist claim

If the driver remains unidentified or the vehicle has no applicable liability coverage, uninsured motorist coverage may provide another path. N.C. Gen. Stat. § 20-279.21 addresses coverage for people legally entitled to recover damages from uninsured and hit-and-run motorists.

For a claim involving an unknown owner or operator, North Carolina law calls for reporting the accident to law enforcement within 24 hours or as soon afterward as reasonably practical. The insured must also notify the insurer within a reasonable time and provide information about the injury and the time, date, and location of the collision. Because the vehicles made physical contact here, the claim does not present the same issue as a no-contact incident involving an unidentified vehicle.

Do not wait for the police investigation to end before notifying your own automobile insurer. Give accurate basic notice of the collision and injuries, keep proof of that notice, and save any forms or letters the insurer sends. Whether a particular policy applies depends on its terms, the insured people and vehicles, and the facts of the crash.

Steps to Take After Recording the Plate

  1. Confirm the plate is in the police report. Give law enforcement the plate number, vehicle description, direction of travel, and everything the driver said. Ask for the report or incident number.
  2. Obtain the completed crash report. Under N.C. Gen. Stat. § 20-166.1, law enforcement investigates reportable crashes and prepares a written report. Review it for the plate number, vehicle description, witness information, and insurance details.
  3. Notify your automobile insurer promptly. Report the hit-and-run and your injuries even if you expect police to identify the driver. Ask that the insurer confirm the claim number and the coverages it is investigating in writing.
  4. Preserve electronic evidence. Save the original plate photograph or video without editing it. Keep backup copies, including metadata when available. Preserve dash-camera footage and request that nearby businesses or property owners retain relevant recordings before they are overwritten.
  5. Document your injuries and losses. Follow your medical providers’ instructions and keep records of symptoms, appointments, bills, visit summaries, prescriptions, and work restrictions. Ask your employer for records showing missed time and lost income.
  6. Protect the damaged vehicle evidence. Photograph all damage before repairs. Save estimates, towing records, repair invoices, and photographs showing where the vehicles made contact.
  7. Keep communications organized. Save claim letters, denial letters, emails, voicemails, and notes of conversations. Avoid guessing about speed, distance, or injuries when you do not know the answer.

What Must Be Proven

Finding the vehicle does not complete the injury claim. The evidence generally must connect the identified driver or another legally responsible person to the collision and show that negligent conduct caused your injuries.

North Carolina also allows contributory negligence as a defense. If the defense proves that an injured person’s own negligence helped cause the collision, that can create serious problems for the claim. Evidence should therefore show both what the fleeing driver did wrong and why you acted reasonably, including your right-of-way, lane position, speed, attention, and efforts to avoid the crash.

Potential recoverable losses may include medical expenses, lost income, pain and suffering, vehicle damage, and reasonable out-of-pocket costs when supported by the facts and documentation. Future care or reduced earning ability requires appropriate supporting evidence. No category is automatic.

How This Applies to the Reported Facts

Here, the recorded plate and prompt law-enforcement report provide useful leads for identifying the vehicle and investigating its ownership and insurance. Evidence that the other driver crossed into the individual’s lane despite the individual having the right-of-way may support fault, while the impact to the front of the vehicle, scene evidence, and any nearby video may help confirm how the crash occurred.

The hospital visit for a severe headache and back pain creates contemporaneous medical documentation. Records of further care, provider instructions, symptoms, and missed work may help connect the claimed losses to the collision. The driver’s statements about lacking a license and not owning the vehicle should be documented as accurately as possible, including where, when, and in whose presence they were made.

The immediate priorities are to confirm that the correct plate appears in the report, notify the injured person’s automobile insurer, preserve photographs and video, obtain the crash report, and maintain complete medical and wage records.

Do Not Let the Investigation Hide the Filing Deadline

Many North Carolina personal injury actions are subject to a three-year limitations period under N.C. Gen. Stat. § 1-52. The precise deadline can depend on the claim and the facts.

A police investigation, insurance claim, or ongoing settlement discussion does not automatically extend the deadline for filing a lawsuit. Hit-and-run and uninsured motorist claims can also involve notice and procedural requirements before suit. Early review helps preserve time to identify the proper driver, owner, insurer, and legal procedure.

When Wallace Pierce Law May Be Able to Help

Wallace Pierce Law may be able to investigate the license plate lead, obtain and review the crash report, communicate with law enforcement about available information, and determine whether the vehicle’s owner, driver, or insurer can be identified. The firm can also review possible uninsured motorist coverage without assuming that the fleeing driver’s statements were accurate.

For this type of Durham hit-and-run claim, legal assistance may include preserving video and witness evidence, organizing medical and wage documentation, evaluating contributory negligence arguments, tracking notice requirements, and monitoring the filing deadline. The available options depend on the evidence, applicable policies, and North Carolina law.

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