How Can I Recover Damages After a Hit-and-Run?

 Posted on October 13, 2026 in Personal Injury

When a driver flees the scene after a car accident, you could be left dealing with your injuries without knowing who will pay for the damage. Where you seek compensation after a hit-and-run accident depends on whether you can identify the responsible driver.

If you were involved in a hit-and-run in 2026, a Bloomingdale, IL car accident lawyer will help you investigate and pursue compensation.

How Can You Recover Compensation After a Hit-and-Run in Illinois?

There are two main ways to seek compensation for your injuries after a hit-and-run accident. The first option is to make a claim against the responsible driver if that person is identified. If you cannot locate them, you can seek compensation through uninsured motorist coverage under an applicable auto insurance policy.

Under 215 ILCS 5/143a, Illinois requires auto liability insurance policies to include coverage for bodily injuries caused by uninsured and hit-and-run drivers. This coverage helps pay for medical bills and other injury-related losses, up to your policy limits. It does not pay for damage to your car.

One challenge is proving what happened when the other driver disappeared. Without the second vehicle at the scene, insurers might question how the crash occurred and who caused it.

You do not need to identify the fleeing driver to pursue a qualifying hit-and-run claim. However, Illinois courts have upheld physical-contact requirements for hit-and-run coverage. If another driver forces you off the road without hitting your vehicle, your insurer could dispute coverage. The language of your policy and how the collision occurred need to be reviewed.

What Happens When a Driver Leaves the Scene of an Injury Accident in Illinois?

Illinois law requires drivers to stop after an accident involving injuries or death. Under 625 ILCS 5/11-401, drivers must remain at the scene or return promptly and fulfill their legal duties.

A driver who leaves the scene of an injury accident could face criminal charges. Failing to stop is a Class 4 felony. Failing to report the crash within the required time is a Class 2 felony, or a Class 1 felony if someone dies.

Leaving the scene is a separate issue from causing the accident. Even if police find the driver and charge them with a crime, an injured person still needs to establish who caused the collision to recover compensation through a personal injury claim.

What if Your Insurance Company Denies Your Hit-and-Run Claim?

If your insurance company denies your hit-and-run claim, you can challenge the decision. Start by requesting a written explanation of the denial so you understand why the insurer refused to pay.

Insurance companies might dispute whether another driver caused the accident. They could also look at whether the injuries resulted from the crash, or if the policy covers the collision. Depending on the reason for the denial, the following evidence will help support your claim:

• A police report documenting the collision and any information about the fleeing driver
• Photos or video footage showing damage to your vehicle or how the accident occurred
• Witness statements confirming that another driver was involved and left the scene
• Medical records documenting your injuries and the treatment you received

An attorney will review the insurer's reason for denying coverage and help gather the records needed to challenge it. Some uninsured motorist disputes are resolved through arbitration, where a neutral decision-maker reviews the disagreement outside of court. The process available to you will depend on your insurance policy and Illinois law.

How Long Do You Have to File a Hit-and-Run Injury Claim in Illinois?

Under 735 ILCS 5/13-202, the deadline to file most personal injury lawsuits in Illinois is two years from the date of the accident. Insurance claims have separate requirements.

Your policy can require prompt notice of the collision and set procedures for pursuing uninsured motorist benefits. Those requirements should be reviewed well before the two-year lawsuit deadline approaches. Your attorney will help you understand which deadlines apply to your situation.

Contact a DuPage County, IL Car Accident Lawyer

At Mevorah & Giglio Law Offices, we have more than 175 years of combined experience. We have offices in three convenient locations in Lombard, Bloomingdale, and Naperville. For a free case evaluation, contact our Bloomingdale, IL car accident attorneys or call 630-932-9100 today. Saturday and evening appointments are available.