Is there a case if I was injured in a hit-and-run accident in Delaware?
If you were injured in a car accident, truck accident or motorcycle accident in the State of Delaware and the at-fault driver got away, you may be eligible to receive money compensation from your own insurance company in the form of Uninsured Motorist or UM benefits.
Under Delaware law, all automobile insurance companies must offer you Uninsured Motorist benefits as part of your standard automobile insurance policy. Your UM limit may be up to the bodily injury liability (BI) limit, which is the type of insurance you buy to protect others in case you negligently cause an accident that results in injuries.
The name for the scenario where another driver causes an accident and flees the scene never to be caught is a “phantom driver case”. There are many reasons why phantom driver cases exist:
1. The other driver is drunk or high and does not want to get caught by the police,
2. The other driver has warrants out for his or her arrest in other cases and doesn’t want the police to cart them off to jail,
3. The other driver has no insurance and doesn’t want to get caught because they don’t want to get sued.
I am sure there are other reasons for leaving your fellow citizen injured on the side of the road, and none are good reasons (if you want my opinion).
In any event, if you are injured in a car accident with a phantom driver, you should be eligible to receive from your own insurance company an award of compensation for what you would have received from the at-fault driver, had he been caught.
For more information regarding your rights after being injured in a car accident, truck accident or motorcycle accident, please contact Attorney Ben Schwartz by clicking the Contact Us button at the top of this page.