If the driver who hit you fled the scene, the incident is legally considered a hit-and-run — a serious offense in Illinois that carries criminal penalties and opens the door to civil liability. While the process of identifying the driver can be more complex, their decision to flee often strengthens your legal case, as it signals an attempt to avoid responsibility.
These criminal charges are handled by the state, but victims also have the right to pursue civil claims for damages.
Civil Liability: Holding the Driver Accountable
If the hit-and-run driver is later identified, you can file a personal injury claim to recover compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional trauma
In cases where the driver was under the influence of alcohol or drugs, the court may also award punitive damages — additional compensation meant to punish egregious behavior and deter future misconduct. Because of these steep consequences, hit-and-run drivers often go to great lengths to remain undetected — making early legal intervention especially important.
Can I Still Get Compensation If the Driver Isn’t Found?
Yes. If the driver cannot be located, you may still be able to pursue compensation through your own insurance, specifically under uninsured motorist (UM) coverage.
Illinois law requires drivers to carry UM coverage for bodily injury. This can help cover:
- Emergency care and hospital bills
- Ongoing treatment and rehab
- Pain and suffering
- Lost income
However, UM coverage does not apply to property damage from a hit-and-run. If your vehicle or belongings were damaged, you may need to explore other options — including additional policy endorsements or filing a claim once the at-fault driver is identified.
How Can Hit-and-Run Drivers Be Identified?
Even if the driver fled the scene, there are several effective methods for tracking them down. With the right legal and investigative support, it’s often possible to identify the responsible party — and hold them accountable.
Evidence Collected from the Scene
The accident scene itself can reveal critical clues. Investigators may be able to identify the driver using:
- Skid marks and vehicle debris
- Paint transfers or damage consistent with a particular make or model
- Surveillance footage from nearby businesses, homes, or traffic cameras
- Dash cam recordings from your vehicle or others on the road
This physical evidence can help reconstruct the crash and potentially link a specific vehicle to the incident.
Eyewitness Testimony
Witnesses can play a key role in identifying a hit-and-run driver. They may have seen:
- The direction the driver fled
- The vehicle’s color, make, or model
- A partial or full license plate number
- Visible damage to the driver’s car after impact
Collecting witness accounts as soon as possible is critical — memories fade, and details can be lost over time. An attorney can help locate and interview witnesses to preserve their statements for your case.
Why Legal Help Matters
Hit-and-run claims involve both legal complexity and emotional stress — and dealing with insurance companies alone can leave you vulnerable to lowball offers or denied claims. An experienced attorney can:
- Investigate the accident
- Secure evidence (e.g., footage, witness accounts)
- Work with authorities to help identify the driver
- File a personal injury claim or UM claim
- Push for full compensation, including punitive damages when applicable
At our firm, we focus on protecting your rights and holding negligent drivers accountable — even when they try to disappear. Contact us today for a free consultation, and let us help you take the next step toward justice and recovery.
