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What to Do If You Have Been   in a Hit And Run Accident

MotorCycle Accident in Louisiana, New Orleans, Metairie

Louisiana law defines a hit and run as the intentional failure of a driver of a vehicle involved in or causing an accident to stop the vehicle at the scene of the accident, to give his or her identity, and render reasonable aid. A hit and run can result from a motor vehicle collision between two vehicles or from a collision between a motor vehicle and a pedestrian.


With a hit and run accident in New Orleans, a driver will often flee the scene of the collision if he or she is intoxicated, nervous, or has an extensive criminal record. A driver often panics and flees the scene when there is something to hide, which may be the case if the vehicle is stolen, the driver possesses drugs, or the driver is under the influence of alcohol or drugs.

What to Do if You are in a Hit-and-Run Accident

There are a few things you can do at the scene of a hit and run accident in Louisiana to improve your chances of recovering damages against the insurance company covering the individual who is responsible:

  1. Try to get the license plate of the vehicle at fault. The experienced car accident attorneys at Breaux Law Firm can run the license plate to find applicable insurance.
  2. Call the police. If you call the police immediately after being involved in a hit and run, you can give the authorities information about the driver and the type of vehicle that hit you, so they can potentially apprehend the at-fault party. The police can also run the license plate, which is why obtaining the license plate is key.
  3. Look for cameras that may have captured the accident. The experienced personal injury attorneys at Breaux Law Firm can obtain camera footage from nearby businesses or from the applicable municipality.
  4. Identify and obtain the information of anyone who witnessed the accident.

If you’ve been injured or affected by a hit-and-run driver, you should contact an attorney as soon as possible. Breaux Law Firm has been representing clients for hit and runs car accident cases in New Orleans and Southern Louisiana for over thirty years.

Uninsured motorist coverage can mean the difference between no recovery of damages and the recovery of damages in a hit and run accident. Roughly 14% of motor vehicle owners/operators in Louisiana have no automobile insurance. This means that one out of every seven cars on the road in Louisiana is uninsured.

Uninsured or underinsured motorist coverage is a type of automobile insurance coverage that exists to cover a person for bodily injury damages when the at-fault motorist either has no insurance or the at-fault motorist does not have enough insurance to pay for a claimant’s damages. A hit and run situation where there is no information on the at-fault party is the same as trying to recover against an uninsured driver, so uninsured motorist coverage will apply.

If you do not have uninsured motorist coverage on your auto policy, you should obtain it as soon as possible. That coverage could make the difference between recovering nothing for your accident and recovering both property damage and injury damages.

Breaux Law Firm represents injured persons throughout the entire State of Louisiana, including people from New Orleans, Harvey, Marrero, Westwego, Belle Chasse, Gretna, Metairie, Kenner, Slidell, LaPlace, St. Bernard Parish, St. John Parish, St. James Parish, East Baton Rouge Parish, West Baton Rouge Parish, Iberia Parish, Lafayette Parish, Calcasieu Parish, Ascension Parish, Assumption Parish, Avoyelles Parish, Rapides Parish, Acadia Parish, Iberville Parish, Lafourche Parish, Jefferson Davis Parish, Plaquemines Parish, St. Charles Parish, St. Martin Parish, St. Mary Parish, St. Tammany Parish, Tangipahoa Parish, and Vermilion Parish.

How long after a hit and run accident can you be charged?

Prosecutors can generally charge you with hit and run one to three years after the date of the incident. In cases of misdemeanor hit and run, an offender typically has to be charged within one year. With felony hit and run, a suspect has to be charged within three years.

Schedule A Free Consultation With Breaux Law Firm If You Have Been Involved In A Hit And Run Accident

Because a hit and run accident can create multiple issues and significant losses, the injured party should hire an experienced New Orleans attorney who not only handles such accidents but has the resources necessary to provide for the victim’s medical needs as well as the hiring of experts from a variety of fields in order to increase the value of the case. If you’ve recently been involved in a hit and run accident and are looking to consult an attorney, call Breaux Law Firm for a completely FREE consultation. We are available 24 hours a day, 7 days a week, at (504) 882-0545 or you can email us at info@breauxlaw.com.

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Frequently Asked Questions

We don’t get paid until you do. The attorneys of Breaux Law Firm have what is called a “contingency fee arrangement” with each and every one of our clients. A contingency fee arrangement means that the attorney’s fee is taken out of the total amount of money recovered for the client, once the client’s case is settled. The attorneys at Breaux Law Firm are happy to meet with you FOR FREE to discuss your case, to answer any questions you may have, and to let you know if we think you have a good case.

The short answer is YES. If you’re the owner or the driver of the motor vehicle you were in at the time of the accident and neither you nor the vehicle you were driving has automobile insurance, then the adverse insurance company will get a credit for the first $15,000 in damages that they would have otherwise owed you, as described below. If you were a passenger in a vehicle where neither it nor its driver has insurance, you will still be able to recover, because you’re not the owner nor the operator of the uninsured vehicle. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice. We take the guesswork out of Louisiana state laws, and guide you through the process of recovering the compensation you deserve.

“There shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.
La. Stat. Ann. § 32:866

Breaux Law Firm is licensed to practice law throughout the state of Louisiana. However, Breaux Law Firm, in conjunction with other respected attorneys, has also represented clients from many other states, including Texas, Mississippi, Alabama, Florida, North Carolina, Illinois, California, and more.

Our office hours are Monday through Friday, 8:30 a.m. to 5:30 p.m., excluding holidays. Our office is located at 111 Veterans Memorial Blvd., Suite 1820, Metairie, LA 70005. You’ll find plenty of parking available in our visitor parking lot, along with a wheelchair-accessible ramp. Of course, you can always reach us through our 24-hour phone line at (504) 914-7779.

NO, YOU DO NOT. We don’t get paid until you do. The vast majority of the time, the conscientious attorneys at Breaux Law Firm will be able to let you know if your case is likely to succeed at the FREE initial consultation. If the case doesn’t work out, you owe us nothing and we will bear our own costs.

In Louisiana, you have ONE YEAR FROM THE DATE OF THE ACCIDENT to file a lawsuit to recover damages due to an accident; this concept is known as the statute of limitations or prescriptive period. Once your accident occurs, the clock starts ticking. The attorneys at Breaux Law Firm stay informed on all laws involving injury law, as well as the other legal areas we practice. We know that legal language can be confusing and hard to understand, as you can see below, so we work hard to make the process of filing a claim as easy and positive as possible.
“Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained.”
La. Civ. Code Ann. art. 3492

YES, the law office of Breaux Law Firm works with all types of medical providers and will assist you in obtaining the medical care that you need for your injuries.

There are several ways to take care of your property damage after an accident. The most common way is to make a claim against the liable insurance company which covered the at-fault party at the time of the accident. After making a claim against the liable insurance company, the liable insurance company is supposed to appraise the damage to your vehicle by sending an appraiser to inspect the vehicle wherever it’s located. Within a reasonable time, the liable insurance company is supposed to make a liability determination. If the insurance company accepts liability, they will put you in a rental car and arrange for your vehicle to be repaired. You’re entitled to a rental car, paid for by the liable insurance company, until your car is fixed and ready for you to pick up. The liability insurance company must adjust the property damage within thirty (30) days of their receiving a satisfactory proof of loss. The attorneys at Breaux Law Firm stay informed on all laws involving insurance and the other legal areas we practice, translating confusing legal jargon, as you see below, into clear guidance for our clients.
“All insurers shall make a written offer to settle any property damage claim, including a third-party claim, within thirty days after receipt of satisfactory proofs of loss of that claim.”
La. Stat. Ann. § 22:1892