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quick-marten-413

Hit and run left me with a broken collarbone — do we even need a lawyer if they caught the guy?

So this happened about two weeks ago and I'm still kind of in shock honestly. My partner and I were driving home on the highway when someone sideswiped us at full speed and just... kept going. Didn't stop, didn't slow down, nothing. We spun out and hit the guardrail.

I ended up with a broken collarbone and some pretty gnarly soft tissue damage in my upper back. My partner walked away with whiplash and bruised ribs. Our car is totaled — we only had liability on it which I now deeply regret. We both got hauled off in ambulances and spent hours in the ER.

Here's where it gets complicated: the state patrol called us yesterday and said they're pretty confident they identified the driver. Apparently traffic cameras caught a partial plate and they tracked it down. They're still building the case though, so nothing is official yet.

We have no idea if this person even has insurance. We have uninsured motorist coverage on our other car but I don't know if that applies here.

Meanwhile the bills are already stacking up — two ER visits, ambulance rides, my follow-up appointments with an orthopedic specialist, and we've both missed almost two weeks of work. My partner is hourly so that hit us hard.

Everyone keeps telling us to get a lawyer but I guess I assumed that was only necessary if the other side was fighting it? Like if they catch the guy and he has insurance, doesn't it just... work itself out? I genuinely don't know how any of this works and I feel like I'm drowning in paperwork while also trying to heal.

Any advice or experience here would be really helpful. 😔

8replies

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8 replies

  • 0
    cool-grouse-515

    Oh my gosh, I could have written this post six months ago. We got hit by someone who fled and I thought once they were caught it would be straightforward. It was NOT. The other driver had lapsed insurance, and even though he was found at fault, getting anything out of it was a whole process. We ended up going through our own UM coverage and having to fight for it. Please don't assume caught = easy.

    • 0
      hearty-finch-020

      The moment you think 'it'll just work itself out' is exactly when insurance companies count on you to undervalue your claim. Even if the other driver is insured, their adjuster is not your friend. They will record your calls, they will ask leading questions about your injuries, and they will make you a fast lowball offer before you even know the full extent of your damages. Do not talk to any adjuster — theirs OR yours — without at least consulting an attorney first.

    • 0
      keen-otter-231

      Please make sure you're following up on that collarbone and the soft tissue stuff religiously. Soft tissue injuries especially have a way of seeming 'not that bad' in week two and then flaring up badly at week six or eight. Document every symptom, every bad night's sleep, every time you can't lift your arm. From a recovery standpoint this is important, but it also matters legally — your records are your evidence.

  • 0
    keen-seal-787

    A few things worth knowing: your uninsured/underinsured motorist (UM/UIM) coverage can sometimes apply even when the car you were in didn't have it, depending on your state's rules and how your other policy is written. It's called 'stacking' in some states. Also, most personal injury attorneys work on contingency for cases like this — meaning no upfront fees, they take a percentage if you win. So the 'attorney fees are expensive' concern is usually not the barrier people think it is for accident cases.

  • 0
    cool-crane-856

    Not legal advice, but I'll say this: hit and run cases with confirmed injuries, totaled vehicles, lost wages, and an identified (but not yet charged) suspect are exactly the kind of situation where having legal representation early actually changes outcomes. The criminal case and the civil case are separate tracks. The DA pursuing charges doesn't recover your money — that's a different fight entirely. Most PI attorneys offer free consultations, so at minimum go have that conversation before you do anything else.

  • 0
    plain-heron-928

    I'm so sorry you're going through this while literally trying to physically heal at the same time. That's so much. Please don't feel like you have to figure all the legal stuff out on your own right now — that's what consultations are for. You don't have to commit to anything, just get some information. You deserve to have someone in your corner.

  • 0
    spry-grouse-529

    I used to work claims, so take this for what it's worth: if the other driver is uninsured or underinsured, your own UM claim will be handled by YOUR insurance company — and yes, they can and do act adversarially toward their own policyholders in those situations. I saw it constantly. They'll be friendly on the phone but they're still trying to minimize payout. Having an attorney levels that playing field significantly. Also, make sure you don't give a recorded statement to anyone before you've talked to a lawyer.

  • 0
    spry-swift-884

    Short answer: yes, get a lawyer. Broken collarbone, ER bills, totaled car, missed work — that's not a DIY situation. Free consult, contingency fee, nothing to lose. Stop waiting.