Someone Hit My Car and Drove Off. What Should I Do Now?

According to recent crash statistics, Memphis drivers report roughly 28 hit-and-run accidents every single day. While we all hope our fellow drivers will do their part in ensuring the safety of their fellow motorists, this startling figure highlights the growing need for Memphis drivers and tourists to prepare for the worst when dealing with hit-and-run accidents.

Leaving the scene of an accident isn’t just inconvenient – it’s illegal, and you have a right to pursue justice. If you find yourself among the thousands of hit-and-run victims in our part of the state this year, it’s important that you understand your rights and take steps to secure them as soon as possible. Here’s an overview of what to do in the event of a hit-and-run accident and an explanation of the legal options available to help you fight for justice and compensation.

What is a hit-and-run accident?

As the name would suggest, a hit-and-run accident is a traffic crash in which one involved party leaves the scene of the collision. Hit-and-runs may involve moving vehicles or parked vehicles and can happen just about anywhere and at any time. Drivers may flee the scene of an accident for a variety of reasons, including a lack of insurance coverage or fear of out-of-pocket expenses or increased insurance premiums.

In Tennessee, it is against the law to leave the scene of an accident without making contact or attempting to make contact with the other involved driver (TN Code § 55-10-102 (2024)). Failure to adhere to the necessary protocols after a traffic accident can result in serious legal consequences like fines, license suspension, and even jail time.

These penalties apply even in cases involving parked vehicles. That means if someone hits your car in a parking lot – even if you are not inside at the time of the accident – they must attempt to locate you or leave their contact information at the scene in order to avoid legal repercussions.

Who is responsible for damages in hit-and-run accidents?

As is the case with other kinds of motor vehicle accidents, the at-fault driver is still considered legally responsible for damages in hit-and-run crashes. In fact, this liability is often precisely why motorists choose to leave the scene of a crash — they don’t want to be saddled with the cost of the damage they caused. Unfortunately, hit-and-run accidents tend to be difficult to solve, and victims often find themselves uncertain of how to proceed in terms of paying their accident-related costs.

Nevertheless, leaving the scene of a crash does not absolve an at-fault driver of their legal and financial responsibilities, and choosing to flee after an accident can actually add to the at-fault driver’s financial burden if they are eventually found, thanks to the associated financial penalties. For this reason, it is always better to remain at the scene, exchange information, and report the crash to law enforcement as required by Tennessee law.

What to do if you’re involved in a hit-and-run

If you find yourself the victim of a Tennessee hit-and-run accident, there are a few things you can do to help protect your rights. Here is a step-by-step overview of how to move forward after a hit-and-run:

Step 1: Prioritize safety

Above all else, it’s crucial that you take steps to stay safe after your crash. Tennessee law mandates that drivers move their cars out of oncoming traffic as long as it is safe for them to do so. Once you have moved to a safe location, you should check for injuries and contact 911. Dispatch may send emergency medical personnel to your location to attend to any injuries, and law enforcement may also arrive to document the scene and file a report.

Step 2: Gather evidence

Under normal circumstances, you would spend the moments after a crash exchanging contact information and insurance details with the other driver involved in your accident. In a hit-and-run accident, however, it’s vital that you spend this time gathering evidence to support your version of events. You’ll want to use your phone to take photos and video of the scene of the crash, any property damage, and all signs of physical injuries.

If you have a dashcam installed in your vehicle, you’ll want to move quickly to preserve and download any captured footage that might help law enforcement identify the other driver involved in your crash. You should also write down any identifying details about the other driver and/or vehicle that you can remember, such as the color, make, and model of the car or the general appearance of the driver. All of this information can be used to investigate your accident and hopefully help identify the person responsible for the crash.

Step 3: Speak to witnesses

Eyewitness testimony can be incredibly helpful in a hit-and-run case. If there are any people nearby who may have witnessed your accident, you should speak to them about what they saw and ask for their contact information. Whether you end up filing an insurance claim or filing a police report, firsthand accounts from eyewitnesses can help fill in the gaps and add veracity to your version of what happened before, during, and after your crash.

Step 4: File a report

In Tennessee, all car accidents resulting in at least $50 worth of damage must be reported to law enforcement. If a police officer responds to the scene of your hit-and-run, they will handle this report for you, but if you do not contact the police or if they are unable to respond, you will need to file a report yourself. Additionally, the state of Tennessee requires motorists to file reports with the Tennessee Department of Safety and Homeland Security within 20 days for accidents involving death, injury, or property damage exceeding $1,500. Failing to properly report your accident can result in legal consequences for you and may impact the viability of a future claim for compensation.

Step 5: Contact your insurance provider

Whenever you are safely able to do so, you should report the incident to your insurance company. Many policies require notification within a strict timeline, and if you miss the deadline, you may not be able to pursue your claim. Even if the other driver is unknown, your uninsured motorist coverage may apply, so you will want to take steps to maximize the likelihood of a successful claim.

To that end, you should also refrain from making any admissions of fault during discussions with your insurance company. Because Tennessee follows a modified comparative negligence system, if you’re found even partly at fault for your accident, any compensation you might receive can be reduced accordingly. And if you’re 50% or more at fault, you recover nothing. Provide your insurance company with facts, documentation, and supporting evidence, and let them make their own determinations from there.

Step 6: Consult an experienced Memphis attorney

Hit-and-run cases can quickly become complex. Depending on whether the at-fault driver in your accident is ultimately found, you may find yourself filing a personal injury claim in court or pursuing a claim for compensation through your insurance company. In either case, an experienced personal injury and car accident attorney can help you understand and advocate for your rights while fighting for the compensation you need to move on from your accident.

A knowledgeable Memphis personal injury attorney can:

• Guide you through filing police and insurance claims
• Help you maximize the value of your uninsured motorist protection or collision coverage
• Strengthen your position against insurance adjusters and defend yourself against unfounded claims of liability
• Represent you in court in the event that the at-fault party involved in your crash is identified

With the right legal support, you can confidently fight for the compensation you need to cover any medical expenses, property damage, or emotional harm you suffered as a result of your accident. Even if the responsible party in your crash is never identified or located, your personal injury attorney can help you pursue any and all other legal options available to you.

Final thoughts

Hit-and-run accidents can leave victims feeling overwhelmed, anxious, and uncertain, but you don’t have to navigate the process alone. At Greer Injury Lawyers, we specialize in helping accident victims in Memphis and the surrounding areas fight for justice without compromising their recovery processes.

If someone hit your car and drove off, don’t panic — give us a call or fill out our contact form today for a free case evaluation. A member of our team will gladly listen to the details of your accident, advise you of your legal options, and offer you the support you need to take the next step toward pursuing justice for your hit-and-run case.

Whether you’ve already identified the driver responsible for your accident or are still attempting to locate the at-fault party, our team has the experience and expertise necessary to help you secure the best possible outcome while fighting for the compensation you deserve.