If someone leaves the scene of an accident in which you were the victim, you may or may not be able to find out their identity.
If you learn the identity of the at-fault driver and they have insurance, you can get compensated through their liability coverage, a requirement in the state of Ohio. Making a third-party insurance claim with another driver’s insurance company means your rates won’t rise.
If they lack insurance, their limits aren’t high enough to cover your losses, or you can’t identify the driver, you can use your own uninsured motorist coverage, collision coverage, or medical payments coverage. But note that even if the hit-and-run wasn’t your fault, your rates could still rise following any of these first-party claims.
Due to the state’s comparative negligence laws, if you know the identity of the at-fault driver, you can sue them in a civil lawsuit so long as you’re 50 percent or less at fault in the accident. However, if you have any percentage of fault, your compensation will be reduced by that percentage.1
You may be able to get restitution based on your economic loss, which can include loss of income, medical bills, and funeral expenses. However, the state prohibits you from recovering intangible non-economic losses such as:
- Pain and suffering
- Loss of society, education, training, instruction, etc.
- Mental anguish
- Punitive or exemplary damages