Unidentified Driver Claims: Demand Letters for Hit-and-Run Accidents
Hit-and-run accidents: When the at-fault driver flees the scene without providing information, you face unique challenges in recovering compensation. You cannot file a traditional third-party liability claim if you cannot identify the driver. Instead, you must turn to your own insurance—specifically, your uninsured motorist (UM) coverage.
Most states (including California) allow UM coverage for hit-and-run accidents, but strict requirements apply: you typically need physical contact between the fleeing vehicle and your vehicle or person, and you must file a police report promptly. This guide covers how to document hit-and-run accidents, meet UM coverage requirements, and write effective demand letters to your own insurer.
I’m an attorney who handles hit-and-run UM demand letters personally. If your accident occurred in California, see the California car accident demand letters guide for state-specific rules.
A hit-and-run accident occurs when a driver involved in a collision flees the scene without stopping to exchange information or render aid, as required by law. In most states, drivers are legally required to:
- Stop at the scene of any accident involving injury, death, or property damage.
- Provide their name, address, driver’s license, vehicle registration, and insurance information.
- Render reasonable assistance to injured persons (call 911, provide first aid if trained).
- Report the accident to law enforcement if required (typically for injury, death, or property damage above a threshold amount).
When the at-fault driver cannot be identified, you have no one to sue in a third-party liability claim. Instead, you file a claim under your own uninsured motorist (UM) coverage. The logic:
- An unidentified driver is treated as “uninsured” for insurance purposes.
- UM coverage protects you when the at-fault driver has no insurance (or cannot be identified).
- You claim against your own UM policy, which is a first-party claim (like collision or comprehensive).
- Your insurer may later subrogate if the driver is identified and has assets or insurance.
UM coverage requirements for hit-and-run accidents vary by state. Key variables:
| Requirement | Most States | Minority / Exceptions |
|---|---|---|
| Physical contact required? | Yes. Phantom vehicle (no contact) excluded. | Some states (e.g., Georgia, Wisconsin) allow phantom vehicle claims if corroborating witness exists. |
| Police report required? | Yes, typically within 24-72 hours. | Some policies require reporting “promptly” or “as soon as practicable” but don’t specify timeframe. |
| Notice to insurer? | Yes, typically within 30 days or “promptly.” | Some policies allow late notice if reasonable excuse (e.g., hospitalized). |
| UM property damage? | Optional in most states; often subject to $250-$500 deductible. | Some states (e.g., California) require UMPD but allow rejection. |
Most UM policies require physical contact between the fleeing vehicle and your vehicle or person. This requirement excludes “phantom vehicle” accidents where a driver causes you to crash without actually hitting you.
- Driver rear-ends you and flees.
- Driver sidesw swipes your car and leaves the scene.
- Driver hits your parked car (door ding, bumper damage) and drives away.
- Driver strikes you as a pedestrian or cyclist.
- Driver cuts you off, forcing you to swerve into a ditch (no contact with fleeing car).
- Driver runs red light, causing you to brake hard and crash into another vehicle (no contact with red-light runner).
- Driver throws debris from truck, causing you to crash (no vehicle-to-vehicle contact).
Exception: Some states (e.g., Georgia, Wisconsin) allow phantom vehicle claims if an independent, disinterested witness corroborates the story. Check your state’s law.
Nearly all UM policies require you to report the hit-and-run to law enforcement “promptly” or within a specified timeframe (24 hours, 72 hours, etc.). The police report serves as independent verification that a hit-and-run occurred.
Your UM policy requires you to notify your insurer of the hit-and-run “promptly” or within a specified period (typically 30 days). Failure to provide timely notice can result in denial.
UM policies typically require you to:
- Provide a recorded statement describing the accident.
- Submit to examination under oath (EUO) if requested.
- Allow inspection of your vehicle (to verify physical contact and damage pattern).
- Provide medical records, billing, and authorization for insurer to obtain records.
- Cooperate with the insurer’s investigation into whether the driver can be identified.
Some UM policies require you to exhaust your collision coverage for property damage before UM property damage (UMPD) applies. This is called a “setoff” or “excess” clause.
Your insurer will inspect your vehicle to verify physical contact occurred. Key evidence:
- Vehicle damage pattern: Dents, scratches, broken parts showing impact from another vehicle.
- Paint transfer: Foreign paint on your vehicle matching the fleeing vehicle’s color.
- Debris at scene: Parts from the other vehicle (headlight glass, plastic trim, etc.).
- Witness corroboration: Witnesses who saw the vehicles make contact.
- Dashcam or surveillance footage: Video showing the moment of impact.
- No visible damage or damage inconsistent with your description of the accident.
- Pre-existing damage to your vehicle (insurer claims it’s not from this accident).
- No witnesses and no physical evidence of another vehicle.
- Delayed police report (days or weeks after the alleged accident).
- Inconsistencies between your statement, police report, and physical evidence.
[Address]
[Email] | [Phone]
[Date]
[Your Insurance Company]
Uninsured Motorist Claims Department
[Address]
RE: Uninsured Motorist Claim – Hit-and-Run Accident
Policy No.: [XXX]
Claim No.: [XXX]
Date of Loss: [Date]
Claimant: [Your Name]
Dear Claims Manager:
I am writing to formally present my uninsured motorist bodily injury claim arising from a hit-and-run accident that occurred on [Date]. Pursuant to my policy’s uninsured motorist coverage with limits of $[XXX] per person / $[XXX] per accident, I am entitled to compensation for injuries sustained when an unidentified driver struck my vehicle and fled the scene.
Accident Summary:
On [Date] at approximately [time], I was traveling [direction] on [road name] in [city, state] when an unidentified vehicle [describe how collision occurred—e.g., “ran a red light and struck the driver’s side of my vehicle”]. The impact caused [describe immediate damage and injuries]. The at-fault driver immediately fled the scene without stopping, exchanging information, or rendering aid.
Physical Contact:
Physical contact between the fleeing vehicle and my vehicle is established by:
• Visible impact damage to [describe location on your vehicle: driver’s side door, rear bumper, etc.]—see attached photos.
• Paint transfer from the other vehicle (color: [XXX]) visible on my vehicle’s [location].
• Debris left at the scene by the fleeing vehicle: [broken headlight glass, mirror fragment, etc.].
• Witness testimony: [Name], who was present at the scene, confirms physical contact occurred (see attached witness statement).
• Police report no. [XXX] documents the collision and physical damage (attached).
Timely Reporting:
I complied with all policy requirements:
• Police report filed on [date] at [time] with [Police Department] (report no. [XXX]).
• Notice provided to your company on [date] via [phone call / online claim / email].
• This demand letter constitutes further written notice and documentation.
Unidentified Driver:
The at-fault driver is unidentified and therefore qualifies as “uninsured” under the policy. I provided police with a partial description: [vehicle make/model/color, partial license plate if any]. As of this date, the driver has not been located.
Injuries and Treatment:
[Detail your injuries, medical treatment, current status, and prognosis. Attach medical records and billing.]
Damages:
Medical expenses: $[XXX]
Lost wages: $[XXX]
Property damage: $[XXX] (or claiming under collision coverage separately)
Pain and suffering: $[XXX]
Total Damages: $[XXX]
Demand:
I demand payment of $[XXX] (or policy limits of $[XXX], whichever is less) to settle this uninsured motorist claim. Please respond within 30 days. If we cannot reach a fair settlement, I am prepared to invoke the arbitration provision under the policy.
Sincerely,
[Your Signature]
[Your Name]
Enclosures:
• Police report no. [XXX]
• Photos of vehicle damage and scene
• Witness statement(s)
• Medical records and billing
• Wage-loss documentation
• Proof of timely notice to insurer
I handle hit-and-run uninsured motorist claims personally. These claims are frequently denied by insurers due to physical contact disputes, late reporting issues, or fraud concerns. Thorough documentation and strategic presentation are essential to overcoming denials.
- Physical contact requirement: Proving physical contact when the other vehicle fled requires forensic analysis of damage patterns, paint transfer, and debris—insurers routinely deny based on “no contact.”
- Fraud scrutiny: Hit-and-run claims are scrutinized more heavily than standard claims due to fraud concerns. Presentation and documentation must preempt suspicion.
- Timely reporting rules: State laws and policy provisions vary on reporting deadlines. Missing a deadline by even one day can result in denial.
- Recorded statement traps: Insurers use recorded statements to find inconsistencies and deny claims. Attorney preparation prevents these traps.
- Arbitration and bad faith: Hit-and-run denials are often arbitrary. Knowing when to invoke arbitration vs. litigate for bad faith maximizes recovery.
Dashcam footage is the best evidence for a hit-and-run UM claim. It proves:
- Physical contact occurred (video of impact).
- The other driver was at fault (shows how collision happened).
- The driver fled the scene.
- Vehicle description and possibly license plate (can lead to driver identification).
Provide dashcam footage to police immediately (helps with criminal investigation and driver identification). Also provide it to your insurer with your UM claim—insurers rarely deny hit-and-run claims with clear dashcam evidence.
If the footage shows a license plate and police identify the driver, your claim becomes a standard third-party liability claim (not UM).
If the driver is identified before you settle your UM claim, your UM claim converts to a third-party liability claim against the identified driver’s insurance (if they have any).
Scenario 1: Driver identified and has insurance → File third-party claim against their liability policy. Your UM claim is no longer necessary (unless they’re underinsured, then UIM applies).
Scenario 2: Driver identified but has no insurance → Continue with your UM claim. The identified driver is still “uninsured,” so UM applies.
Scenario 3: Driver identified after you settled UM claim → Your UM insurer has subrogation rights. They can pursue the identified driver for reimbursement. You have already been compensated and generally cannot pursue the driver again (double recovery).
If you don’t have UM coverage, your options are limited:
Property damage: Use collision coverage (if you have it) to repair your vehicle. No coverage for property damage without collision or UMPD.
Bodily injury: No coverage for medical expenses, lost wages, or pain-and-suffering without UM. Your only options are:
- Use your health insurance for medical treatment (subject to subrogation if driver is later identified).
- Hope police identify the driver so you can file a third-party liability claim.
- Sue the unidentified driver (impractical since you don’t know who they are).
Lesson: Always carry UM coverage at limits equal to or greater than your liability limits. It’s inexpensive and critical for hit-and-run protection.
Yes, if you have access to UM coverage:
If you own a vehicle: Your own auto policy’s UM coverage extends to you as a pedestrian or cyclist struck by an uninsured/unidentified driver.
If you don’t own a vehicle: You may be covered under a resident relative’s UM policy (parent, spouse, roommate). Check the policy’s definition of “insured person”—most extend coverage to household members even when not in a vehicle.
Physical contact requirement: Still applies. The fleeing vehicle must have physically struck you (not just forced you to crash without contact).
If no UM coverage: Use your health insurance for medical treatment. No other coverage available unless the driver is identified.
Simple cases (clear evidence, minor injuries): 3-6 months from demand letter to settlement if insurer accepts liability and physical contact is undisputed.
Disputed cases (physical contact questioned, fraud concerns): 6-18 months if insurer denies initially and you must appeal, provide additional evidence, or invoke arbitration.
Litigation: 1-3 years if you must sue for coverage or bad faith.
Delays occur when: Insurer disputes physical contact, claims late reporting, suspects fraud, or demands examination under oath (EUO).
An examination under oath (EUO) is a formal, sworn statement taken by your insurer’s attorney, typically recorded by a court reporter. It’s more formal than a recorded statement.
When insurers request EUOs: Hit-and-run claims with fraud concerns (no witnesses, minimal evidence, prior claims history) or when initial recorded statement raised red flags.
Your duty: Most UM policies require you to submit to EUO if requested. Refusing can result in denial of coverage for “failure to cooperate.”
What to expect: Insurer’s attorney asks detailed questions about the accident, your background, prior claims, and any inconsistencies. Answers are under oath (perjury penalties apply).
Should you have an attorney? Yes. EUOs are adversarial and can make or break your claim. Consult an attorney before the EUO and consider having them present during questioning.