Does Liability Cover Hit-And-Run Accidents?

Liability insurance pays for injuries and property damage you cause to someone else, not for your own losses. If a driver hits you and flees, their liability coverage isn't available to you because there's no identified driver to file a claim against. This can make financial recovery a bit more complicated.

In hit-and-run situations, you’ll have to look towards your own insurance company and your policy. However, recoveries depend on the type of coverage you have. Keep reading this to learn more about your rights during a hit-and-run accident and the legal options you have.

Does Liability Insurance Cover a Hit-And-Run?

Your auto liability insurance covers damages you cause to others in a car accident. It doesn’t pay for your damages. This is why things can get more complicated in hit-and-run situations, where the at-fault driver flees the scene, making it difficult to access their insurance coverage.

Injured victims can only file a claim against the other driver’s insurance coverage if they know who the other driver is. In many hit-and-run cases, affected parties fail to identify the responsible driver, which means turning to their own insurance policy, particularly uninsured motorist (UM) coverage, to recover damages.

That said, there is an exception. You can pursue a personal injury claim or lawsuit if the driver is identified later and they carry liability coverage.

Does Liability Insurance Cover a Pedestrian Hit by a Hit-And-Run Driver?

The same principles apply here. If a pedestrian accurately identifies the hit-and-run driver and they have liability coverage, the injured victim can seek damages for bodily injuries by filing a claim against the responsible party’s insurance company.

The problem is that many drivers are never identified. This is where uninsured motorist bodily injury coverage may help, which we will cover later in this guide.

What Insurance May Cover a Hit-And-Run Accident?

For most hit-and-run accident victims, two types of car insurance coverage may provide financial relief, and they include:

Collision Coverage

Collision coverage is an add-on to your auto insurance, which means it’s not mandatory under Iowa law to carry one, but it can pay for damages to your vehicle, regardless of who was at fault.

Your auto policy may require you to pay a deductible before the insurer covers the remaining expenses. When the at-fault driver is identified later, you may be able to recover the deductible through a process called subrogation.

Uninsured Motorist Bodily Injury Coverage

When a vehicle hits a person, and the driver flees, Iowa law treats that driver the same as an uninsured driver. The victim of a hit-and-run may file a claim with their own insurance company if they have uninsured motorist (UM) bodily injury coverage.

Uninsured motorist coverage typically pays for:

• Medical expenses

• Lost wages

• Pain and suffering

Uninsured motorist property damage coverage is a separate addition that some policies include for vehicle damage, though not all do. A key thing to remember is that if you want to claim against your UM policy, Iowa law requires physical contact between vehicles to trigger coverage. For more information, these auto accident lawyers may be able to help.

Collision Coverage vs Comprehensive Coverage

Most people think that both collision and comprehensive coverage cover damages from a hit-and-run accident, which is not true. In such circumstances, only collision coverage kicks in because comprehensive coverage pays for losses that aren't caused by a collision, such as theft, vandalism, natural disasters, falling objects, and similar events. The cost of each coverage type is separate, and not every driver carries both.

Iowa Hit-And-Run Laws and Insurance Considerations

Under Iowa law, it is illegal to leave the accident scene. The law requires all Iowa drivers involved in a crash to stop, provide their name and insurance information, and, if someone is injured, provide reasonable assistance. Failing to do so is a criminal offense, resulting in criminal charges.

When the responsible party flees, the burden of an accident caused by someone else falls on the victim to navigate alone. You’ll need to gather the necessary evidence to support your insurance claim against your own policy.

What to Do After a Hit-And-Run Accident in Iowa

If you're involved in a hit-and-run auto accident in Des Moines or anywhere in Iowa, here are the steps to take:

• Call 911 immediately, request a medical team if needed, and wait for the police to arrive if possible.

• Request the arriving officer to give you a copy of the police report.

• If you’re able to move, start gathering evidence. Try to remember the license plate number of the at-fault driver’s vehicle if you can, and note it down.

• Take pictures of the vehicle damage, traffic signals, and any other evidence.

• Look for witnesses and get their contact information.

• Check for nearby surveillance cameras or dash-cam footage, especially near a red light or intersection.

• Call your insurance company and let them know about the accident. Don’t overexplain and only stick to basic facts.

• Seek medical attention and keep records of all medical treatment and expenses.

• Reach out to a skilled personal injury attorney at Tom Fowler Law to file a hit-and-run claim with your insurance provider.

When Insurance Isn't Enough: Legal Options After a Serious Hit-And-Run

Sometimes, a car insurance policy (UM or comprehensive and collision coverage) or medical payments coverage, also known as MedPay (policy covers medical expenses), may not fully cover what a victim has lost. Severe injuries, disputed coverage, and denied claims are situations where legal options may matter.

If you’re able to identify the negligent driver, you could pursue a personal injury claim or lawsuit. This would allow you to seek fair compensation for medical bills, hospital expenses, and other damages. There is also a chance that the party is an underinsured motorist or they don't have an auto insurance policy, which can affect recoveries. If the responsible party can’t be identified, you’re left with very few options.

In no-fault states, hit-and-run accident victims can access their Personal Injury Protection (PIP) coverage, which offers greater compensation than MedPay. However, there are limits to how much victims can recover, and serious injuries can exceed them quickly.

It’s best to seek legal representation when there are significant damages involved following a hit-and-run accident in Iowa. An experienced personal injury attorney can help pursue every available source of recovery, maximizing the compensation you receive. They can also answer questions like what is stacked uninsured motorist coverage?

Injured in an Iowa Hit-And-Run? Tom Fowler Law Has You Covered!

Hit-and-run cases are complicated, but you don't have to figure them out alone. Tom Fowler Law helps victims identify responsible parties, explore different compensation avenues, and negotiate with insurance companies for a fair settlement.

If you've been hurt in a hit-and-run in Iowa, contact Tom Fowler Law today for a free consultation!