Hit-and-Run & Uninsured Drivers

The driver who hit you is gone, or was never insured to begin with. Most people assume that ends the claim. Usually it does not, because in a hit-and-run, your own insurance policy becomes the case.

Your own coverage steps in

Uninsured motorist (UM) coverage exists precisely for this moment. It stands in for the missing driver's insurance, up to the limits you bought, and coverage may also exist under a household member's policy or the policy on the vehicle you were in. In Virginia, “John Doe” procedures let the claim proceed against the unknown driver through your own carrier. Each jurisdiction has its own notice and corroboration requirements, and they are strict.

Act fast on two fronts

• Report immediately. Hit-and-run UM claims typically require prompt police reporting. The report also anchors the corroboration your carrier will demand.
• Chase the driver anyway. Cameras, partial plates, paint transfer, and canvassing sometimes find the driver, and with them, a liability policy nobody knew existed.

Remember whose side the carrier is on now

The moment you make a UM claim, your own insurer's financial interest flips: it profits by paying you less. Expect the recorded-statement request, the skeptical adjuster, and the lowball. Treat your own carrier exactly as you would the other side's: politely, and through counsel. How we handle UM and UIM claims →

Hit-and-run claims in D.C., Maryland, and Virginia

In all three jurisdictions, an auto policy must include uninsured motorist coverage, but the rules for a driver who cannot be identified are written differently.

• D.C. Every auto policy on a vehicle registered or principally garaged in D.C. must include uninsured motorist coverage of at least $25,000 per person and $50,000 per accident, and the statute's definition of an “uninsured motor vehicle” includes one whose owner or operator cannot be identified (D.C. Code § 31-2406(f)(1)(C), (f)(2)). Those minimums are low, which is why we look for every other policy that might apply.
• Maryland. Every Maryland auto policy must carry uninsured motorist coverage, or enhanced underinsured motorist coverage in its place, and standard uninsured coverage must equal the policy's liability limits unless the first named insured waived the higher amount in writing (Md. Code, Ins. § 19-509(b)(2), (c), (e)(2); § 19-509.1). The policy itself sets the notice and proof conditions for a hit-and-run, so we read it before anything else. See Maryland UM and UIM claims.
• Virginia. A vehicle is treated as uninsured if its owner or operator is unknown (Va. Code § 38.2-2206(B)). If the unknown vehicle never touched you or your car, the crash must be reported promptly to your insurer or to the police, or as soon as reasonably practicable (§ 38.2-2206(D)). You may then sue the unknown driver as “John Doe” and serve your own insurer, which defends in John Doe's name (§ 38.2-2206(E)). If the driver is identified later, the John Doe suit tolls the limitations period for suing that driver, but not beyond three years from when the John Doe action began (§ 38.2-2206(G)). See Virginia UM and UIM claims.

The general deadline to sue is two years in Virginia (Va. Code § 8.01-243(A)) and three years in D.C. and Maryland, but your policy may impose notice requirements that come due much sooner.

Related reading

• Hit-and-run in Virginia: John Doe claims and your UM coverage
• What is uninsured motorist coverage?
• What happens if someone with little or no insurance injures you
• The recorded statement: why the adjuster wants it
• Steps to take immediately after a car accident in the D.C. area
• DMV Injury Guide: using your own insurance
• DMV Injury Guide: the first 72 hours

Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.