Phase One: Police Report and UM Claim Notification
The police report is the foundation of a hit-and-run claim. Most uninsured motorist policies require one as a condition of coverage. Without it, your insurer may deny the UM claim on procedural grounds before it ever reaches evaluation. File the report at the scene or, if that is not possible, at the nearest police station as soon afterward as you can.
Give the officer every detail you remember about the fleeing vehicle: color, make, model, any partial plate characters, direction of travel, body damage, and distinguishing features. This information enters the police database and may lead to an identification through automated plate readers, witness canvasses, or camera footage reviewed later.
Notify your own auto insurer within 24 hours. Tell them you are filing a UM claim for a hit-and-run accident. Ask about any specific documentation requirements or deadlines your policy imposes. Some UM provisions have reporting windows that are shorter than the general statute of limitations for injury claims.
Phase Two: The Identification Effort Runs Alongside Your Claim
Police investigate hit-and-run cases, but the resources dedicated vary by jurisdiction and severity. You can supplement their efforts. Return to the crash scene and identify every possible camera location: traffic-light cameras, business surveillance systems, residential doorbell cameras, dash cams from parked vehicles. Provide these locations to police so they can request footage before it is overwritten.
Canvas the area for witnesses. Nearby shop employees, pedestrians, and delivery drivers may have seen something. Post on neighborhood social media groups describing the vehicle and the time of the crash. Hit-and-run vehicles often have visible damage from the collision — a witness who spots a damaged car matching your description may provide the lead that breaks the case.
If the driver is identified, the claim landscape changes. You gain access to their liability insurance in addition to your UM coverage. Your UM claim may convert to an underinsured motorist claim if the driver's coverage is insufficient to cover your damages. Identification can happen weeks or months after the crash.
Phase Three: Building and Submitting Your UM Demand
The UM claim follows a structure similar to any third-party injury claim. Compile your medical records from the date of the crash forward — every visit, scan, prescription, therapy session, and specialist consultation. Gather wage documentation: pay stubs, employer letters, and tax returns showing your earning capacity before and after the accident.
Write a demand that identifies the crash, explains why UM coverage applies, itemizes your economic damages, describes your non-economic losses, and proposes a specific settlement figure. Support every assertion with a document reference. Attach the police report, scene photographs, and any evidence of the identification effort.
Your own insurer reviews the demand and responds. This is where the process can feel counterintuitive: you are negotiating against the company you pay premiums to. The adjuster works for your insurer but evaluates the claim the same way a third-party adjuster would — looking for reasons to pay less. Treat the negotiation as adversarial, not cooperative.
Phase Four: Arbitration or Litigation
Most UM policies include an arbitration clause that governs dispute resolution. If you and your insurer cannot agree on a fair settlement, the matter goes to arbitration rather than a traditional jury trial. An arbitrator — often a retired judge — hears evidence from both sides and issues a binding or advisory decision.
Arbitration is typically faster and less formal than a courtroom trial, but it is still a proceeding that benefits from preparation. Medical records, expert opinions on injury causation and damages, and a clear presentation of your losses all carry weight with the arbitrator.
If the fleeing driver is eventually identified, you may have a separate third-party claim against their liability insurer. That claim follows the standard negotiation-and-litigation track. Filing deadlines for personal injury claims are commonly two to three years, but your state's deadline controls. Some states impose specific time limits for UM claims that may be shorter than the general statute of limitations.
This is general information, not legal advice. Consult a licensed attorney in your state for guidance specific to your situation. This site is an independent information resource, not a law firm.
Before you rely on any number here
This page is general information, not legal advice. Nothing on hitandrunlawyer.us creates an attorney–client relationship, and no estimate produced by the calculator is a valuation, a prediction or an offer.
HitAndRunLawyer.us is an independent informational website operated by Mustafa Bilgic, an individual who is not a licensed attorney and does not run a law firm. We do not accept cases, review documents, negotiate with insurers or refer you to a particular lawyer.
Deadlines, fault rules, damage caps and insurance requirements differ by state and change over time, and a missed deadline can end a valid claim permanently. Consult a licensed attorney in your state before you accept, reject or file anything. To find one independently, use your state bar’s referral service or the American Bar Association’s Find Legal Help directory.
Questions
Frequently asked questions
What if my auto policy does not include uninsured motorist coverage?
Without UM coverage, your recovery options in an unidentified-driver hit-and-run are limited. You may still have medical payments coverage on your policy or health insurance that covers treatment costs. If the driver is eventually identified, their liability insurance becomes available. Some states require UM coverage by law, so check whether your policy was legally required to include it.
Can I file a UM claim and still pursue the hit-and-run driver if they are found later?
Yes. Identification opens a separate claim against the driver's liability insurance. Your UM coverage may then shift to underinsured motorist status, covering the difference between the driver's policy limits and your actual damages. The two claims work together rather than replacing each other.
Is the UM arbitration process binding?
It depends on your policy and your state's law. Some UM policies specify binding arbitration, meaning the arbitrator's decision is final. Others allow either party to reject the arbitration result and proceed to court. Review your policy language or ask an attorney to clarify which rule applies.
How long does a hit-and-run UM claim typically take?
The timeline depends on your medical recovery, the complexity of the damages, and how quickly your insurer processes the claim. Straightforward cases with clear injuries may resolve in several months after maximum medical improvement. Disputes over the value of your claim can extend the process, especially if arbitration is needed.
- Sources: state comparative-fault statutes · Insurance Information Institute · Bureau of Labor Statistics · IRS Pub. 4345 · NHTSA
- Last reviewed 2026-08-25. Statutes, caps and fault rules change — re-check anything time-sensitive with a licensed attorney.