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Hit and run can be considered a criminal offense in Wisconsin.
However, it also may apply in an injury case when the driver
flees the scene or fails to stop and provide the requisite
information. In a recent Wisconsin Supreme Court case, a young bicyclist was hit by a car. The driver stopped and the biker told the driver he was o.k. although he was actually seriously injured. The driver drove off and when the injured boy sought money for his medical bills, his own insurance company said there was no "run" as part of a hit and run and therefore the company should not have to pay anything for the boy's injuries. The Wisconsin Supreme Court determined that the intent of the driver who left the scene is not important and instead what matters is the expectations of the insured and the insurer under the contract. Since the language in the policy of the injured person was ambiguous, it was construed in favor of coverage for the injured boy. If injured in a hit and run accident, punitive damages may possibly be available if the driver is located. In Wisconsin, punitive damages may be awarded if evidence is submitted showing that the defendant acted maliciously toward the plaintiff or in an intentional disregard of the rights of the plaintiff. |
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