When a child is injured in an Illinois hit-and-run, liability for their resulting losses depends largely on whether the driver can be identified and what insurance coverage is available. If the driver remains unknown, uninsured motorist coverage under an applicable auto policy may provide compensation. If police later identify the driver, the family’s options may expand to include liability insurance covering the driver or vehicle and, in some cases, claims involving other responsible parties.
A recent Peoria crash illustrates how quickly those circumstances can change. A 5-year-old riding an e-bike was struck by a vehicle whose driver left the scene. Police later identified and arrested a 16-year-old male in connection with the incident.
For a family, locating the driver can be an important development, but it is not the only way a child may be able to recover compensation after a hit-and-run.
If your child was injured by a driver who left the scene, contact Chute, O’Malley, Knobloch & Turcy, LLC. Our Illinois pedestrian accident lawyers represent injured children and families from our Naperville and Chicago offices. Call (312) 775-0042 for a free consultation.
Key Takeaways
- A family may still have a claim even when the hit-and-run driver is never identified.
- Uninsured motorist coverage can be an important source of compensation in an unidentified-driver hit-and-run.
- An identified driver may still be uninsured or underinsured, making the injured family’s own insurance coverage important.
- Hit-and-run cases require an investigation of both the crash and every applicable insurance policy.
Who Pays If the Hit-and-Run Driver Is Never Found?
A leading concern for parents after a hit-and-run is often, “How can we recover anything if we do not know who hit our child?”
An unidentified driver does not necessarily leave the family without a claim, however.
Illinois auto insurance policies generally include uninsured motorist coverage as required by state law. Depending on the circumstances and policy language, that coverage may provide compensation when an unknown hit-and-run driver causes an accident.
Can Uninsured Motorist Coverage Apply to a Child Hit-and-Run?
A child may qualify as an insured under a household auto policy even though the child was not riding in the family’s vehicle when the crash happened. That can make uninsured motorist coverage especially important after a child is struck while walking or riding a bicycle or e-bike.
The recent Peoria incident demonstrates why this matters. Police reportedly located a suspect after the 5-year-old was struck. But before that identification was made, the family was facing the situation common to many hit-and-run victims: the person who allegedly caused the crash had left.
Had that driver remained unidentified, applicable uninsured motorist coverage would be one of the sources an attorney would investigate.
How Does a Hit-and-Run Claim Work When the Injured Person Is a Child?
The insurance investigation is generally focused on the same central question as any hit-and-run claim: What coverage is available to compensate the injured person?
When the injured person is a child, however, identifying all available coverage can be particularly important. A child may qualify for protection under a household policy purchased by a parent or another insured family member.
Parents should therefore avoid assuming that their child has no insurance claim simply because the child was walking, biking, or riding an e-bike when struck.
An attorney can examine the household’s policies and the child’s status under those policies while law enforcement continues trying to identify the fleeing driver.
Why Hit-and-Run Cases Require an Insurance Investigation
Police and personal injury attorneys are investigating different questions after a hit-and-run.
Law enforcement may focus on finding the vehicle and driver and determining whether criminal or traffic violations occurred.
A personal injury investigation also needs to determine who can pay the injured child’s claim.
That may require identifying:
- Insurance available to the hit-and-run driver
- Insurance covering the vehicle involved
- Uninsured motorist coverage available to the child
- Underinsured motorist coverage if the driver’s insurance is insufficient
- Other potentially responsible parties and applicable policies
The recent Peoria case shows why both investigations matter. Police reportedly located the alleged driver after the crash. For an injured family, however, finding the driver would mark the beginning of the insurance investigation, not the end of it.
Talk to an Illinois Pedestrian Accident Lawyer After a Child Hit-and-Run
When someone hits your child and drives away, not knowing who will pay for the resulting harm can add another layer of uncertainty to an already frightening situation. But a hit-and-run does not necessarily mean there is no source of compensation.
At Chute, O’Malley, Knobloch & Turcy, LLC, we investigate every potential source of insurance coverage available after a hit-and-run and pursue the compensation injured children and their families may be entitled to receive.
If your child was injured by a hit-and-run driver, call Chute, O’Malley, Knobloch & Turcy, LLC at (312) 775-0042 for a free consultation with an Illinois pedestrian accident lawyer. We have offices in Naperville and Chicago and represent injured families throughout Illinois.
Frequently Asked Questions About Illinois Child Hit-and-Run Claims
Do We Have to Wait for Police to Find the Driver Before Starting an Insurance Claim?
Not necessarily. Because applicable uninsured motorist coverage may become relevant when a hit-and-run driver is unknown, families should consider reporting the crash to the appropriate insurer promptly rather than waiting indefinitely for the police investigation to end.
What If the Insurance Company Says My Child Is Not Covered Because They Were Not in Our Car?
Coverage depends on the policy and the child’s status as an insured. The fact that a child was walking, biking, or otherwise outside the family’s vehicle does not necessarily resolve the coverage question. The actual policy should be reviewed.
What If Police Find the Driver After We Already Started an Uninsured Motorist Claim?
The discovery of the driver may change which insurance coverage applies and how the claim proceeds. The newly identified driver’s insurance and the insurance covering the vehicle can then be investigated.
Can We Still Have a Claim If the Hit-and-Run Vehicle Was Never Identified?
Uninsured motorist coverage may apply to qualifying hit-and-run accidents involving an unidentified vehicle or driver, depending on the policy and circumstances of the collision.
