When a driver crashes into you and flees, the driver who left is the primary party responsible for your injuries, if police or investigators can identify them. When the driver can’t be found, or has no insurance, compensation may still be available through your own uninsured motorist coverage or, in limited situations, from a vehicle owner or employer whose own conduct or relationship to the driver makes them legally responsible. Hit and run liability in Pennsylvania depends on acting quickly, reporting the crash properly, and preserving the evidence that ties a vehicle to the collision.
Freeburn Law helps injured people across Pennsylvania investigate hit-and-run crashes and pursue every available source of compensation. We work to identify the driver, review your insurance coverage, and meet the notice requirements that can make or break a claim.
Contact Freeburn Law at (717) 777-7777 for a free case review.
The Hit-and-Run Driver Is the First Potentially Liable Party
A driver who causes a crash through careless driving, such as speeding, running a light, or failing to yield, can be held civilly liable for the injuries that result. Leaving the scene doesn’t erase that responsibility. If the driver is identified, you can pursue a claim against them and their liability insurance like any other negligence case.
Fleeing also creates a separate criminal problem for the driver. Under Pennsylvania’s crash duties statute, 75 Pa.C.S. § 3742, a driver involved in a crash resulting in injury or death must immediately stop at or as close as possible to the scene and remain there until they have provided their information and rendered reasonable assistance as the law requires. Violating those duties can lead to criminal charges.
A Criminal Charge Is Not Required to Bring Every Civil Claim
Criminal prosecution and a civil injury claim are separate processes. Prosecutors must prove a crime beyond a reasonable doubt, while a civil claim generally requires proof that the driver was more likely than not at fault.
The two can move on different timelines, and a civil claim doesn’t have to wait for criminal charges, a conviction, or the end of a criminal case. Waiting for the criminal process to finish can put your civil deadlines at risk.
The Vehicle Owner May Matter in Limited Situations
Sometimes the vehicle is identified but the driver isn’t the owner. In Pennsylvania, simply owning the car generally doesn’t make the owner automatically liable for someone else’s driving. An owner may be responsible under specific legal theories that require supporting facts, such as negligent entrustment, where an owner lets someone drive despite knowing they are unlicensed, impaired, or dangerous.
Agency relationships, where the driver was acting on the owner’s behalf, may also support a claim. Even when the owner isn’t personally liable, the owner’s insurance policy may still provide coverage for a permitted driver, so identifying the vehicle is valuable.
An Employer May Be Investigated if the Driver Was Working
If the fleeing vehicle was a delivery van, company truck, or a car being used for work, the driver’s employer may be investigated.
Under the doctrine of respondeat superior, an employer can be responsible for an employee’s negligent driving within the scope of employment. The key questions are whether the driver was actually performing work duties at the time and whether the vehicle was being used for business. Employers may also face claims for negligent hiring or supervision if they knew of a driver’s dangerous record.
None of this is automatic, and each theory depends on the facts. Commercial vehicles often carry higher policy limits, which makes this investigation worthwhile when the evidence supports it.
Your Own Uninsured-Motorist Coverage May Be Important
When the driver is never identified, your own auto policy may be the most important source of compensation. Pennsylvania’s Motor Vehicle Financial Responsibility Law defines an “uninsured motor vehicle” to include an unidentified vehicle that causes an accident resulting in injury, as long as the accident is reported to the police or proper governmental authority and the claimant notifies their insurer within 30 days, or as soon as practicable afterward.
Under the Pennsylvania UM/UIM coverage statute, 75 Pa.C.S. § 1731, insurers must offer uninsured motorist coverage, but buying it is optional, and a policyholder can reject it in writing. If an insurer can’t produce a valid signed rejection form, coverage is set equal to the policy’s bodily injury limits. Coverage may also be available through the policy of a relative you live with. Your tort election matters too, since the statute bars people who chose limited tort from recovering noneconomic damages, such as pain and suffering, through UM coverage unless an exception applies.
A UM claim is still a claim against an insurance company. Your own insurer may question fault, the extent of your injuries, and even whether another vehicle was involved.
Report the Crash and Follow Policy Notice Requirements
Report a hit-and-run to police right away, even if you don’t feel badly hurt. Pennsylvania courts have denied UM coverage when an unidentified-vehicle crash was never reported to the police or a proper governmental authority.
Notify your insurer promptly as well, and read your policy, since many policies impose their own notice and cooperation requirements. Keep proof of every report, including the police incident number and written notice to your insurer. If the other vehicle made contact with yours, preserve the damage and any paint transfer, because evidence of the phantom vehicle’s involvement can become important.
Evidence Can Help Identify the Fleeing Driver
Many hit-and-run drivers are found through evidence gathered in the first days after a crash. Useful sources include:
- Surveillance cameras: Homes, businesses, gas stations, and parking lots near the scene may have captured the vehicle, but footage is often overwritten within days.
- Dashcams: Your own dashcam or footage from other drivers can show the plate, make, and model.
- Witness information: Even a partial plate, color, or distinctive damage noted by a witness can narrow the search.
- Debris and paint transfer: Broken lights, mirror pieces, and paint left on your vehicle can help identify the make, model, and color.
- Repair records: Investigators may check body shops for vehicles brought in with matching damage.
- Traffic cameras: Intersection and highway cameras may record the vehicle before or after the crash.
- Police follow-up: Officers can run partial plates, canvass the area, and request footage, and staying in contact with the investigating officer helps keep the case active.
Document Injuries and Losses Even if the Driver Is Unknown
Whether your personal injury claim ends up against the driver or your own insurer, you’ll need proof of your injuries and losses.
Get medical care promptly, follow your treatment plan, and keep records of every visit. In Pennsylvania, your own first-party medical benefits generally help pay medical bills regardless of who was at fault. Save pay stubs and employer records showing missed work, repair estimates and photos of your vehicle, and receipts for related expenses. Gaps in treatment or missing documentation give insurers reasons to reduce a claim.
Do Not Miss Pennsylvania Deadlines While the Investigation Continues
Under Pennsylvania’s civil limitations statute, 42 Pa.C.S. § 5524, most personal injury lawsuits must be filed within two years. That clock keeps running whether or not police have found the driver. UM claims follow their own requirements, including the 30-day reporting and notice rules and any deadlines or arbitration provisions in your policy. Claims involving a government vehicle may require written notice within six months. Waiting indefinitely for an investigation to finish can cost you the right to recover.
Contact Freeburn Law After a Pennsylvania Hit-and-Run
At Freeburn Law, we take the time to listen to what happened and develop a strategy built around your situation. Our car accident attorneys work to gather video, witness statements, and physical evidence that may identify the driver, while reviewing your policy and household coverage for uninsured motorist benefits and making sure notice requirements are met. We handle the communication with insurers, including your own, so you can focus on recovering.
We can’t promise every driver will be found or every claim will result in compensation, but we can make sure no available option is overlooked. There is never a fee unless we recover money for you. You can see if you have a case or meet the Freeburn Law attorneys who serve clients throughout Pennsylvania.
Contact Freeburn Law at (717) 777-7777 for a free case review.
Frequently Asked Questions
Can I make a claim if the hit-and-run driver is never found?
Often, yes. Pennsylvania treats an unidentified vehicle as uninsured if the crash is reported to police and your insurer is notified within 30 days or as soon as practicable. Whether you can recover depends on whether you or a household member carries UM coverage, your tort election, and the facts of the crash.
What if I only got part of the license plate?
A partial plate can still be very useful. Combined with the vehicle’s color, make, damage, direction of travel, and any video or witness accounts, partial plate information can help police narrow down possible vehicles. Give everything you remember to the investigating officer as soon as possible.
Does the car owner automatically pay if someone else was driving?
No. Pennsylvania doesn’t make owners automatically liable for another person’s driving. An owner may be responsible under theories such as negligent entrustment or agency, and the owner’s insurance may cover a permitted driver, but each depends on the facts.
