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auto accident injury attorney new orleans

Updated October 2026

Quick Summary: After a hit-and-run accident in New Orleans, call 911, make sure a police report is filed, write down everything you can about the other vehicle, and notify your insurer quickly. Because the driver who fled is unknown, most injured people in Louisiana turn to their own Uninsured Motorist (UM) coverage. An attorney can review that policy, deal with the adjuster, and pursue the driver if police identify them.


Being in a car accident is jarring enough. When the other driver takes off and leaves you injured and confused, it adds a whole new level of shock and frustration, along with one hard question: “What now?” This guide covers Louisiana law, what to do in the first hours after a hit-and-run, and why reaching out to an auto accident injury attorney in New Orleans matters so much in these cases. At Sean Regan Law, we understand how overwhelming these situations are, and we’re here to help you through what comes next.

The Immediate Aftermath: Feeling Lost and Alone

A hit-and-run accident can leave you feeling vulnerable. There’s the jolt of the collision, the confusion of the moment, and then the realization that the person responsible is gone. No information was exchanged, and you’re left wondering about medical bills, the damage to your car, and how anyone will be held responsible. The steps you take in those first hours shape what you can recover later.

What to Do Right After a Hit-and-Run Accident

If you’re able, these steps protect both your safety and your claim:

  1. Get to safety and call 911. Move out of traffic if you can, and ask for police and medical help. The police report is the starting point for both the investigation and your insurance claim, so get the report or case number before you leave.
  2. Don’t chase the other driver. Following a fleeing car puts you at risk of a second crash and takes you away from the witnesses and officers at the scene.
  3. Write down what you remember about the other vehicle. Any part of the license plate, the make, model and color, any visible damage, and the direction it went. Do it right away, before the details fade.
  4. Talk to witnesses. Get names and phone numbers from anyone who saw the crash, and ask whether they’re willing to speak with police.
  5. Photograph the scene. Your vehicle, debris, skid marks, traffic signals, the street and any visible injuries. Damage to a car doesn’t show how badly the people inside were hurt, so photos are only one part of the record.
  6. Look for cameras. Nearby businesses, homes with doorbell cameras and traffic cameras may have recorded the crash or the car leaving. Footage may not be kept for long, so ask quickly or have your attorney send the requests.
  7. Keep a record of your injuries. When you see a doctor, describe every symptom, including any that show up in the days after the crash, and keep copies of what gets recorded.
  8. Notify your insurance company promptly. Give the facts of what happened without guessing or speculating. Policies can set notice requirements for hit-and-run claims, so check yours or have it reviewed.

If your car was hit while it was parked and empty, the same approach applies: report it to police, photograph the damage, and check nearby for cameras and anyone who saw it happen.

The Unique Challenges of a Hit-and-Run

Hit-and-run accidents are more complicated than a typical fender bender, because the most important piece of the puzzle, the identity of the driver who caused the crash, is missing. That creates some specific hurdles:

  • No driver, no direct claim: Without the other driver’s information, you can’t file a claim against their insurance. That immediately complicates the question of who pays for your damages.
  • Relying on your own insurance: For most hit-and-run victims, recovery comes through their own insurance policy, specifically something called Uninsured Motorist (UM) coverage. It’s a crucial safety net, but many people don’t fully understand how it works or how to get their insurer to pay fairly.
  • Police investigations are tough: Police will investigate, but finding a driver who fled is difficult without a plate number, witnesses or video. A case may move slowly unless it involves serious injuries or major property damage, which is why the evidence you gather yourself matters.

These complications are why handling a hit-and-run claim on your own can lead to frustration and, sometimes, a settlement that falls short of what you need. This is where an experienced New Orleans car accident attorney can step in on your side.

What Happens to the Driver Who Left the Scene

In Louisiana, a driver involved in a crash who intentionally fails to stop, identify themselves and give reasonable aid commits the crime of hit-and-run driving under La. R.S. 14:100. The penalties are heavier when someone is killed or seriously injured. That case is handled in criminal court, separately from your injury claim.

A criminal case doesn’t pay your medical bills. If police identify the driver, you may also have a claim against that driver and any insurance they carry. If your own insurer pays you first, it may seek repayment from the driver through subrogation, which means the insurer steps into your shoes to recover what it paid.

How an Auto Accident Injury Attorney in New Orleans Becomes Your Essential Partner

When the person who hurt you vanishes, it can feel like an impossible fight. An attorney who has handled these exact challenges can take the legal burden off your shoulders, so you can focus on your recovery.

Navigating Your Own Insurance: Understanding UM Coverage

For most hit-and-run victims, their own Uninsured Motorist (UM) coverage is the key to recovery. It’s designed for situations where the at-fault driver is uninsured, underinsured, or unknown, as in a hit-and-run. Don’t assume dealing with your own insurance company will be easy, though. The adjuster works for the insurer, not for you.

Some people assume they don’t have UM coverage at all. Under Louisiana law, UM coverage is part of an auto liability policy unless it was rejected in writing on the required form, so the paperwork from when the policy was bought matters. An attorney can check whether a valid rejection actually exists.

The claim gets harder if the other car never touched yours, for example a driver who forced you off the road and kept going. Louisiana’s UM law sets extra proof requirements for these “miss-and-run” crashes, which can include testimony from an independent witness.

Your insurer can also argue that you were partly at fault. Louisiana follows pure comparative fault: any share of fault assigned to you reduces your recovery by that share, but it doesn’t bar your claim.

An attorney plays a crucial role here:

  • Understanding Your Policy: They’ll review your insurance policy carefully to explain your UM coverage limits and exactly how they apply to your situation.
  • Handling Insurer Tactics: Even your own insurance provider may try to minimize what it pays. Your attorney negotiates with adjusters, pushes back against low offers, and protects you from strategies that could undervalue your claim.
  • Accounting for All Your Damages: They make sure everything is properly calculated and presented to your insurance provider, from current medical bills and lost wages to future medical needs and the emotional impact.

Other Coverage That May Apply

UM isn’t the only part of your policy that can come into play. Depending on what you carry:

  • Collision coverage can pay to repair your vehicle even if the other driver is never found, subject to your deductible.
  • Medical payments coverage, if your policy includes it, can help with medical bills regardless of who was at fault.
  • Uninsured motorist property damage coverage, if you purchased it, may cover vehicle damage caused by an unidentified driver.
  • Rideshare coverage may need to be reviewed if you were riding in an Uber or Lyft when the crash happened, since more than one policy can be involved.

Sean Regan Law handles vehicle accident claims involving cars, trucks, motorcycles and rideshare vehicles, so we look at every policy that might apply. Without an attorney, you might unknowingly accept a settlement that’s far less than what you need for your recovery and long-term well-being. Sean’s advice is simple: don’t accept the insurance company’s first offer before someone on your side has reviewed it.

Frequently Asked Questions About Hit-and-Run Accidents

What happens to someone who hits and runs?

If police identify the driver, they can be charged with hit-and-run driving under La. R.S. 14:100. Separately, they can be held financially responsible for your injuries and property damage through a civil claim.

What happens if someone hits your car and drives off?

Call 911, stay at the scene, and give police everything you know about the other vehicle. Then gather witness information, photos and any video leads, keep a record of your injuries, and notify your insurer. Those records support both the police investigation and your UM or collision claim.

Do police actually investigate hit-and-runs?

Yes. Police take a report and investigate, but progress depends on leads such as a plate number, a witness or video of the vehicle. Cases with serious injuries tend to get more attention. Giving officers specific details early, and following up on your report, gives the investigation more to work with.

What is the minimum punishment for hit and run?

Penalties are set by statute and depend on what happened. In Louisiana, La. R.S. 14:100 sets heavier penalties when the crash causes death or serious bodily injury, and the actual sentence is decided by the criminal court based on the facts. The driver’s sentence doesn’t determine what you can recover; your injury claim is a separate matter.

Can I still get compensation if the driver is never found?

In many cases, yes. UM coverage can pay for injury-related losses such as medical bills, lost wages and pain and suffering up to your policy limits, even when the driver is never identified. Collision coverage can handle vehicle repairs. The outcome depends on your policy, the evidence and how the insurer evaluates the claim.

How long do I have to act after a hit-and-run in Louisiana?

Louisiana calls its filing deadline a prescriptive period (often called the statute of limitations). For most injury claims from accidents on or after July 1, 2024, it is two years under La. C.C. art. 3493.11, and injuries before that date fall under the older one-year period. Different rules can apply depending on the type of claim, so have the deadline for your situation confirmed early rather than relying on a general rule.

Get Help from an Experienced Auto Accident Injury Attorney in New Orleans, LA

A hit-and-run accident can leave you feeling helpless, but you don’t have to face it alone. If you’ve been injured in a hit-and-run in New Orleans, Metairie, Kenner or elsewhere in the metro area, getting legal advice early helps preserve evidence and keeps your claim on track.

Sean Regan was born and raised in New Orleans, graduated from LSU and Loyola Law School, and began his career at personal injury firms in the city before starting his own practice. As a smaller firm, we give each case personal attention, and you can reach Sean by phone, email or Zoom.

Contact Sean Regan Law in New Orleans, LA, for a free, no-obligation consultation. We’ll review your case, explain your options clearly, and pursue the compensation you may be entitled to.

This article is general information about Louisiana law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts.