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  • Hit-and-Run Accidents: How to Recover Compensation When the Driver Flees

    Hit-and-Run Accidents: How to Recover Compensation When the Driver Flees

    When a motorist causes an accident and then flees the scene, the aftermath for the injured can feel especially unjust. Victims are left with not only property damage and medical bills, but also the bewildering realization that the responsible party is nowhere to be found.

    Hit-and-run accidents are unfortunately common across Missouri, from the busy streets of St. Louis to rural highways, and the legal process for recovering compensation is distinct from other types of car wrecks. At Ortwerth Law, we draw upon years of hands-on experience handling these challenging cases to give our clients clarity and peace of mind.

    What Counts as a Hit-and-Run Under Missouri Law?

    Missouri law makes it expressly illegal to leave the scene of an accident involving property damage, injury, or death without providing your name, address, and vehicle information to the other party and police. As described in the state’s legal overview of car accident requirements, this duty applies regardless of fault. Failing to remain at the scene can result in heavy penalties—a Class A misdemeanor for damage, or even a felony when there are injuries or fatalities.

    The criminal justice system pursues offenders, but criminal charges alone don’t make victims whole. Your right to recover compensation depends on civil law, and knowing immediate steps to take after a hit-and-run is crucial for maximizing your eventual claim.

    Immediate Steps to Take After a Hit-and-Run

    Your actions immediately following the incident can make all the difference in both police investigations and insurance claims:

    • Ensure safety first: Move your vehicle out of the roadway if possible and ensure that you, your passengers, and anyone else involved are not at further risk.
    • Call 911 immediately: Police documentation is vital. Officers may be able to begin a search quickly, collect statements from any witnesses, and include essential details in an official report.
    • Document the scene: Take photos of your car, the spot where the crash happened, any debris, and your injuries. If you saw the fleeing vehicle, write down as much as you remember (e.g., make, model, color, direction, partial plate numbers). This documentation will also support your insurance claim or lawsuit
    • Gather witness information: If bystanders witnessed the crash, their statements can be critical.
    • Seek medical attention: Always get checked by a healthcare professional, even if you think your injuries are minor—adrenaline can mask pain, and prompt medical records anchor your personal injury claim.
    • Report to your insurer: Most Missouri insurers require timely notification for uninsured motorist claims.
    • Consult an attorney: Experienced car accident attorneys will immediately begin gathering evidence, working with authorities, and advising on next steps.

    How Missouri Police Investigate Hit-and-Runs

    Law enforcement agencies in Missouri treat hit-and-run accidents with urgency, especially when there’s serious injury or a fatality. Investigations can take anywhere from days to months, depending on the available leads. Key tools include collecting surveillance recordings from local businesses, seeking eyewitness testimony, and compiling public tips from social media or local news (Missouri hit-and-run police investigation).​

    Once police identify a fleeing driver, victims may have additional options for financial recovery, including claims for punitive damages or restitution through the criminal court.

    Your Civil Recovery Options When the Driver Cannot Be Found

    The most common question after a hit-and-run is, “How will I be compensated if the driver is never identified?” Thankfully, Missouri law mandates that all auto insurance policies include uninsured motorist (UM) coverage. This protection stands in for the at-fault—and absent—driver, allowing you to claim compensation as if you were dealing directly with the person who hit you.​

    Filing an Uninsured Motorist Claim

    The process for uninsured motorist claims begins by reporting the incident to your insurer, who assigns a claims adjuster. You’ll need to provide proof that the other driver fled and, if possible, submit the police report, medical records, repair estimates, and a statement about the crash. Insurers often require you to submit this documentation within a set timeframe; missing their deadlines can cost you your right to recover.

    The minimum UM coverage in Missouri is $25,000 per person and $50,000 per accident for bodily injuries, and most policies will also offer property damage benefits. If your injuries or losses exceed these limits, an attorney’s negotiation or litigation skills can often make the difference.

    Other Insurance and Victim Resources

    In addition to UM coverage, you may be eligible for further support from Missouri’s Tort Victims’ Compensation Fund, which provides payments in certain criminal and hit-and-run cases where no other compensation is available.

    Types of Compensation Available to Hit-and-Run Victims

    Missouri law allows hit-and-run victims to recover the same broad range of damages as any other car accident, including:

    • Medical expenses: ER visits, ambulance rides, surgeries, physical therapy, medications, and anticipated future care.
    • Lost wages and earning capacity: Time missed from work during recovery, as well as diminished ability to earn in your career if you suffer lasting disabilities.
    • Property damage: Repair or replacement value of your car and personal possessions lost in the accident.
    • Non-economic damages: Pain and suffering, loss of enjoyment of life, emotional distress, and psychological trauma. Missouri courts recognize that personal injuries affect more than just your body

    Insurers may offer initial settlement amounts that undervalue non-economic harm. It’s critical to carefully document ongoing symptoms, follow up with appropriate specialists, and provide evidence such as therapy records or family member statements about changes in your day-to-day life.

    When the Hit-and-Run Driver Is Found

    Occasionally, a thorough investigation leads the police to locate the fleeing driver. In these cases, you may pursue a claim directly with the driver’s insurance company, or, if they’re uninsured, you can still claim against your own UM coverage. Civil lawsuits may also seek restitution, punitive damages, or compensation for especially egregious misconduct.

    Drivers convicted of hit-and-run in Missouri face severe criminal consequences—potential jail time, substantial fines, and loss of their license according to Missouri penalties for hit-and-run. Your ability to claim damages does not depend on whether they are convicted, but a criminal conviction can make recovery easier.

    Real-World Examples: Successful Hit-and-Run Claims in Missouri

    Our attorneys have represented countless Missouri families in hit-and-run cases, securing settlements and verdicts that made a difference in their lives:

    • In one case, a pedestrian was struck at a city crosswalk and suffered serious orthopedic injuries. The driver could not be found, but with robust evidence and prompt police reporting, we secured a six-figure UM settlement that covered the client’s surgeries, therapy, and missed work.
    • Another case involved a hit-and-run on the interstate resulting in a totaled vehicle and lasting back injuries. Surveillance footage and witness testimony helped identify the car, leading to a successful civil judgment after charges were filed. The result: not only coverage for all medical costs and lost earnings, but also an award for pain and suffering.

    Building an Ironclad Claim

    To build the strongest possible claim, start gathering evidence immediately:

    • Obtain copies of all medical and police records.
    • Keep a day-by-day pain diary.
    • Note logistical and emotional impacts—missed family events, difficulty working, or changes in mental health.
    • Protect physical evidence, such as damaged personal belongings or torn clothing.
    • Save all correspondence with your insurer.
    • Contact experienced legal representation with a deep understanding of car accident litigation.

    Frequently Asked Questions Regarding Hit-and-Run Car Accidents in Missouri

    What if I discover injuries days after the hit-and-run?

    Missouri law permits delayed recovery when injuries become clear after the accident, but the sooner you seek care and notify insurers, the stronger your case.

    Can I recover for psychological or emotional injuries?

    Yes—Missouri courts allow recovery for emotional distress and PTSD if you demonstrate how the accident has affected your life. Keep records from therapists and doctors as part of your claim documentation.

    What are my chances if the driver is never found?

    The majority of hit-and-run victims recover through their own uninsured motorist coverage or state resources. Early reporting, excellent documentation, and strong legal advocacy make the process more successful and less stressful.

    How long will an investigation take?

    Some cases resolve in days, especially with eyewitnesses or video evidence, while others may remain open for months.

    What is Missouri’s Statute of Limitations?

    Victims in Missouri must file personal injury or property lawsuits related to hit-and-run accidents within five years of the crash Missouri statute of limitations for car accidents. Failing to take action in time almost always bars you from seeking compensation. Special exceptions may apply for minors or those with disabilities, and the deadline for certain insurance claims may be shorter—working with an experienced lawyer can help you avoid costly errors.​

    The Value of Hiring a Local Car Accident Attorney

    Even when a driver has vanished, you deserve a team that pursues every avenue of compensation. Gateway Injury Law combines local insight, negotiation experience, and a proven history of results to fight for our clients—standing by your side through each phase, from navigating complicated insurance paperwork to representing you in court, if needed.

    If you or someone you love has been victimized in a hit-and-run crash, don’t wait to explore your legal options. Contact our St. Louis car accident attorneys today for a confidential consultation.

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    tim schmid
    20:27 26 Jun 24
    If you need legal representation, Ortwerth LLC is who I recommend. Communication, compassion and professionalism...
    Renee Mahn
    21:55 06 Sep 23
    5 Stars Outstanding!I was always contacted and informed regarding my case. I did not have to go out of my way for anything. The process was very easy for me.Thank you
    Katlyne Thies
    12:14 20 Sep 20
    I’m so grateful that Craig Ortwerth and his office took on my car accident case. Craig was so easy to work with and he quickly replied back to any questions or concerns I had and explained every step to me. I felt such relief knowing I was in good hands and I didn’t have to worry about dealing with the insurance company so I could focus on healing from my accident.
    Christie Hess
    04:56 06 Jun 19
    Having Craig work on my case from beginning to end was the best decision I'd ever made! My case went on for 3 1/2 years and during that time i never had to worry about "bothering him or his staff with questions, or their patience in explaining what was going on or what I needed to do. They kept me and everyone involved informed and things went along smoothly! I hope to never have a case like this again, but if I do, there is absolutely NO doubt in my mind as to where I'd go and who I'd have to handle my case!!I highly recommend anyone to at least sit down for a consult. YOU WILL NOT BE DISAPPOINTED!! Great Job Craig (& Marcie!!)
    Monica Crenshaw
    21:12 03 Jun 19
    Craig was great and did a fantastic job for me. He is very professional and knew how to do his job. Craig is a very friendly, compassionate and understanding person. He answered all my questions and called to see how I was doing. I would recommend Craig to everyone. In my book he is an outstanding attorney.
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    23:43 26 Nov 18
    Brian McChesney is the BEST divorce lawyer I have ever experienced or come across. He goes out of his way to help, and has the best suggestive advice. I appreciate his integrity, valor, and honesty. I cant even begin to express my gratitude and thankfulness! Wonderful guy!-Laura
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    02:50 24 Jul 18
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