Wrongful Death and Hit-and-Run Accidents: Who Pays? | Shapiro, Washburn & Sharp

When someone you love and care about is killed in an auto accident, it’s a traumatic experience. But what happens when the person who killed your loved one flees the scene of the accident? Who is going to pay for the hit-and-run wrongful death of your loved one?

As a Virginia motorcycle injury lawyer, I know that the deceased’s own insurance will have to pay. This policy provision called uninsured motorist, or UM, coverage is a part of standard driver’s insurance that you may not have even paid any attention to.

How does it work? Simply put, your car insurance company provides a legal defense to the hit-and-run driver even if the person is never located, and the policy must pay up to the total uninsured motorist coverage provided; the exact value depends on the nature of the losses and the damages.

This was nearly the case in a recent motorcycle accident in Norfolk, Virginia (VA), near the 9400 block of Granby Street and Government Avenue. A driver hit a motorcyclist then fled the scene.  Tragically, the rider of the motorcycle was killed in the accident. Police were able to track down and arrest the driver responsible. I know it’s a small measure of comfort to the family who has lost a loved one, but at least they will be able to look the man in the eye who took the life of their loved one. If the at-fault driver has no insurance, then UM coverage will apply.

The attorneys with our experienced wrongful death law firm have created a free consumer guide to help families looking for information after a fatal car accident: Wrongful Death Report: What You and Your Family Need to Know.

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