“Labor Omnia Vincit” McKay Law
Hit-and-run incidents are among the most frustrating types of car accidents in Durant, OK. When someone hits you and drives off, the financial and emotional impact is compounded. McKay Law represents hit-and-run accident victims throughout OK. Hit-and-run is a serious crime under Oklahoma law—but you have separate civil legal options for recovery. Even when the at-fault driver is never identified, recovery options often exist. The main avenue for compensation when the driver flees is the uninsured motorist provision in your auto policy—which Oklahoma law requires insurers to offer with every policy. Most people are unaware their policies include this protection—but it can be the key to your recovery. Additional compensation may come from every insurance source that could apply to your injuries. When investigation reveals the fleeing driver, we pursue claims directly against them and their insurance. People run from accident scenes when impairment, lack of insurance, license issues, or other criminal circumstances—and which can support both criminal prosecution and civil punitive damages. Our Durant hit-and-run accident attorneys work to track down the fleeing motorist. We use every resource available to find dashcam footage, traffic cameras, and identify the responsible vehicle. Critical evidence in hit-and-run cases includes surveillance and traffic camera footage, dashcam video from other vehicles, witness statements and license plate sightings, debris and vehicle parts from the scene, paint transfer evidence, and police investigation reports. We fight your own insurance company when necessary—because UM claims are still adversarial. Don’t trust the UM claims process without legal representation—they protect their bottom line, not yours. Injuries from hit-and-run accidents catastrophic injuries plus the emotional trauma of being abandoned at the scene. We fight for every dollar including medical bills, future care, lost wages, lost earning capacity, pain and suffering, mental anguish, and wrongful death damages. All hit-and-run claims is handled on a contingency fee basis—you pay nothing unless we win. Critical evidence disappears fast—the first 30 days are critical. Call McKay Law now for a complimentary evaluation with a Durant, OK car accident attorney who will fight to identify the at-fault driver, pursue every available source of compensation, and hold your insurance company accountable to its UM obligations.
Hit-and-run crashes leave victims hurt and without immediate accountability. A motorist hits someone, then flees the scene without stopping — leaving victims hurt and without information. Hit-and-runs are illegal in every state, but they happen all the time. Even when the at-fault driver isn’t identified or has no insurance, Oklahoma law provides recovery options. McKay Law advocates for hit-and-run victims in Durant and across the state.
If you’ve been the victim of a hit-and-run:
Even without identifying the at-fault driver, multiple options exist:
UM coverage must be offered in Oklahoma (Okla. Stat. tit. 36, § 3636), though it can be rejected in writing. UM coverage typically covers:
UM is often the primary recovery source. Many people don’t realize they have UM coverage or how to use it.
Sometimes hit-and-run drivers can be identified through investigation. Investigation methods include:
Walkers and bicyclists are often hit-and-run victims. With no protection, their injuries are typically severe. These cases have unique considerations:
Hit-and-run is illegal in Oklahoma (Okla. Stat. tit. 47, § 10-102). If the driver is found:
Convictions strengthen civil claims.
If the driver is found, punitive damages typically apply. Leaving the scene shows reckless disregard for the victim.
You typically have two years from the date of the crash to file (Okla. Stat. tit. 12, § 95). Fatal crash claims carry the same two-year limit. UM claims have their own deadlines. Time matters in these cases because video evidence and other identification evidence vanishes quickly.
We get to work immediately to track down the fleeing driver, handle insurance claims, push back against insurance companies trying to deny UM coverage, work with treating doctors, pursue direct claims when possible, seek punitive awards if the driver is identified, and prepare every case as if it will go to trial.
A: Definitely. UM coverage on your policy usually covers hit-and-run injuries.
A: Nothing upfront. We only get paid if we win.
A: Look at your insurance declaration page. Most policies include UM coverage.
A: We handle these cases. UM coverage disputes are common, and insurers often try to underpay or deny claims.
A: Absolutely. Bad-faith claims against insurance companies are recognized in Oklahoma.
A: Good — we can pursue both UM and direct claims.
A: Don’t. Talk to a lawyer first.
A: Wrongful death cases are available. UM coverage often applies to pedestrian and cyclist incidents.
A: Two years from the date of the crash (Okla. Stat. tit. 12, § 95). Don’t wait — different deadlines may apply.
The at-fault driver is gone. That single fact reshapes the entire case. Without the at-fault driver, the standard personal injury framework — sue the at-fault driver, recover from their insurance — doesn’t work. But that doesn’t mean recovery isn’t possible. A Durant hit-and-run accident lawyer builds the case around the coverage that’s actually available.
The normal framework requires identifying the at-fault party. The fleeing driver isn’t available for the case.
Even with identification, may have no recoverable insurance, may be financially unable to pay, or may be difficult to pursue.
Your uninsured motorist coverage is often the answer.
Your own UM coverage exists for exactly this scenario.
UM coverage is required in many states. UM coverage details vary, but UM typically applies when:
UM coverage rules vary significantly by state.
The state has specific UM coverage rules affects every hit-and-run case.
UM coverage may require contact.
This issue arises in non-contact scenarios where a non-contact incident triggers the crash.
Hit-and-run pedestrian crashes are tragically common.
Pedestrian hit-and-run coverage when the pedestrian has no auto policy.
Bicycle hit-and-run crashes face similar coverage issues.
Vehicles struck while parked are often property damage primarily.
Driver-to-driver hit-and-run involves a driver fleeing after striking another vehicle.
One driver’s actions cause a chain reaction crash then flees.
Another driver causes a crash without physical contact.
Impaired drivers leaving crash scenes are recurring patterns.
UM coverage from your policy is the primary path to recovery.
UM claims are technically against your own insurer, but are litigated adversarially.
Your own insurer may challenge:
Other parties may have responsibility.
Product defect cases create product liability claims.
Road design issues may implicate government entities.
Maintenance-related causes may involve maintenance company claims.
For crashes involving premises issues can implicate property owners.
Where the fleeing driver was served alcohol while obviously intoxicated can create separate liability against the alcohol-serving establishment.
Where the fleeing driver was acting in the scope of employment can create employer liability despite the driver’s flight.
Many hit-and-run drivers are eventually identified. If the driver is found, standard recovery paths reopen.
The case may proceed substantially before the driver is identified. Identification typically results from:
Police case work leads to most successful identifications. Hit-and-run is often a criminal offense, driving law enforcement attention.
Witnesses who observed the fleeing vehicle may catch the driver. License plate numbers, vehicle descriptions, driver descriptions.
Traffic cameras, business surveillance, doorbell cameras can document the fleeing vehicle.
The fleeing vehicle likely sustained visible damage. Distinctive damage patterns.
Body shops report damaged vehicles. Shops alerted to look for matching damage.
Anonymous information.
Voluntary return happens periodically.
Remain at the location. Your duty to stay continues, stay to handle the case properly.
Always call police for hit-and-run incidents. Police report is essential.
Record everything you can about the other vehicle:
Independent observers may be the key to identification.
Comprehensive scene documentation.
Don’t try to pursue. Police are equipped to handle pursuit.
Prompt medical evaluation protects against later disputes.
Report to your own insurance company promptly. UM coverage typically requires prompt notice.
Even though your own insurance company is paying, UM coverage involves adversarial claims. Statements without representation create problems.
Your insurer may raise these defenses.
Defense argues the incident doesn’t qualify as a hit-and-run. This defense arises when:
Contact-requirement defenses may eliminate UM applicability.
Notice-defect defenses.
“You can’t prove there was a hit-and-run”.
“You contributed too”.
Defense raises pre-existing conditions to challenge causation of injuries.
Recoverable UM damages include:
Policy limits are the ceiling. Where damages exceed UM limits, additional recovery sources need to be identified.
After identification, the driver’s coverage may be insufficient.
Underinsured motorist (UIM) coverage covers this scenario.
UIM coverage triggers when the at-fault driver’s insurance is insufficient to cover the damages.
Non-motorist victims have specific issues.
Coverage paths for pedestrians and cyclists include:
Hit-and-run conduct can warrant punitive damages in some circumstances.
Once the hit-and-run driver is identified and pursued directly, enhanced damages may apply.
Hit-and-run is criminal conduct. Criminal hit-and-run cases create evidence usable in civil proceedings once the driver is found.
UM coverage lawyers work on contingency. Case reviews cost nothing.
Multiple time pressures apply.
Surveillance footage require quick preservation. Witness recollections deteriorate over time.
Police investigations may identify the driver, but prompt investigation matters.
Policy notice deadlines need timely compliance.
The legal time limit sets a hard cutoff.
Engaging counsel right away positions the case for the full recovery available through UM coverage and other alternative paths.
A hit-and-run wreck adds insult to injury in the most literal sense of the phrase. One moment you’re reeling from the chaos of a collision, and the next you’re watching taillights disappear as the driver who caused it speeds away — leaving you injured on the roadside, with damaged property, no contact information, and questions no one has answered. Drivers flee crashes for plenty of reasons — they’re uninsured, they’re driving without a license, they’re under the influence, they have outstanding warrants, or they simply panic — but none of those reasons change what you’re owed. At McKay Law, we move quickly to pull traffic camera footage, nearby business surveillance video, license plate reader data, witness statements, and any debris or paint transfer from the scene that can help track down the fleeing driver. In cases where the at-fault driver is never found, we move to your own uninsured and underinsured motorist coverage — a benefit you paid for but most people don’t realize they can access in exactly this kind of situation.
Insurance carriers — including your own — will at times resist on uninsured motorist claims, demanding proof, questioning the circumstances, and hoping you’ll accept a fraction of what you’re owed. When you become part of the McKay Law family, we handle the carrier so you can turn your attention to recovery. We demand maximum compensation under every available source — the fleeing driver if identified, your uninsured/underinsured motorist coverage, MedPay or PIP benefits, and any third party whose negligence may have contributed to the wreck. We push for emergency care, surgeries, hospitalization, ongoing rehabilitation, future medical needs, prescription costs, vehicle damage, lost wages, lost earning capacity, and the enduring damage of being abandoned at the scene of a crash that was never your fault. Contact us without waiting at (866) 679-9651 or reach out online to set up your free consultation and place a firm that is experienced with how to chase down every available source of recovery in your corner.
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