Being injured in a hit-and-run accident is a traumatic experience. In New York, where busy streets and intersections are part of daily life, these incidents are unfortunately common.
Victims are often left with serious injuries, mounting medical bills, and the uncertainty of whether they can pursue compensation when the at-fault driver is nowhere to be found.
At the CEO Lawyer Personal Injury Law Firm, we understand the complexities of hit-and-run cases. In this comprehensive FAQ, we’ll explore your legal rights, explain how you can recover damages through a hit-and-run lawsuit, and discuss the various resources available to victims in New York.
If you have additional questions or want to speak directly with an attorney, call us at (516) 689-1132 or visit our website to schedule a free consultation.
What Is a Hit and Run Accident?
A hit-and-run accident is any collision where a driver involved in the incident leaves the scene without stopping to fulfill their legal obligations. In New York, the law requires all drivers involved in an accident to stop, exchange information, and provide reasonable assistance to anyone injured.
Failing to do so constitutes a violation under New York Vehicle and Traffic Law § 600, which mandates that drivers:
- Stop Immediately: Drivers must stop their vehicles at or near the scene of the accident.
- Provide Information: Drivers must exchange names, addresses, driver’s license numbers, and insurance details with the other parties involved.
- Offer Assistance: If someone is injured, the driver must call emergency services or render reasonable aid.
Why Do Drivers Flee the Scene?
There are several reasons why drivers may flee after an accident:
- They lack insurance or are driving without a license.
- They fear the consequences of being intoxicated or impaired.
- They panic and make an impulsive decision to leave.
- They are involved in criminal activity or are wanted by law enforcement.
How Serious Is a Hit-and-Run Violation in New York?
- Property Damage Only: Fleeing after causing only property damage is considered a misdemeanor and carries penalties such as fines, license suspension, and possible jail time.
- Injury or Fatality: Fleeing the scene of an accident involving injury or death is a felony, punishable by significant prison time, steep fines, and permanent license revocation.
For victims, the consequences of a hit-and-run are severe, often leaving them with injuries, emotional distress, and uncertainty about how to recover damages. However, New York laws and insurance policies are designed to provide compensation, even when the driver cannot be identified.
Can I Recover Damages if the Driver Is Not Found?
Yes, you can still recover damages even if the at-fault driver is not identified. New York has laws and insurance policies in place to protect hit-and-run victims.
Your ability to recover hit-and-run compensation will depend on the following:
1. Uninsured Motorist (UM) Coverage
- New York requires all drivers to carry uninsured motorist coverage as part of their auto insurance policy.
- UM coverage compensates you for injuries and damages caused by an unidentified or uninsured driver.
- This policy may cover medical expenses, lost wages, pain and suffering, and other damages.
2. Personal Injury Protection (PIP)
- New York is a no-fault insurance state, meaning your own Personal Injury Protection (PIP) insurance will cover initial medical expenses and lost wages, regardless of fault.
- PIP typically covers up to $50,000, though additional coverage may be purchased.
3. Crime Victims Compensation Fund
If the hit-and-run accident involved a criminal act (e.g., intentional harm), you may be eligible for compensation through New York’s Office of Victim Services (OVS). This fund provides financial assistance to victims of violent crimes.
What Steps Should I Take After a Hit-and-Run Accident?
Acting quickly and methodically after a hit-and-run accident can strengthen your case and increase your chances of recovering damages. Here’s what to do:
- Call 911: Report the accident immediately so law enforcement can document the scene and begin investigating. A police report is crucial evidence for any hit-and-run lawsuit or insurance claim.
- Seek Medical Attention: Even if your injuries seem minor, seek medical care right away to ensure your health and create a medical record.
- Gather Evidence: If possible, collect information at the scene, including:
- Witness contact information.
- Photos of the damage, injuries, and surrounding area.
- Descriptions of the fleeing vehicle (e.g., make, model, color, license plate number).
- Notify Your Insurance Company: Report the accident to your insurer as soon as possible to initiate a claim under your PIP or UM coverage.
- Contact an Attorney: A hit-and-run case involves legal complexities, from proving liability to navigating insurance policies. An experienced New York hit and run attorney can handle the process for you, allowing you to focus on recovery.
What Types of Compensation Can I Recover in a Hit-and-Run Case?
People hurt in accidents where the driver drove off could get different kinds of money to make things right, depending on what happened. This includes:
Economic Damages
- Medical Expenses: Hospital bills, surgeries, rehabilitation, and ongoing treatment.
- Lost Wages: Compensation for income lost due to the accident.
- Property Damage: Costs to repair or replace your vehicle or other personal property.
Non-Economic Damages
- Pain and Suffering: Physical pain and emotional distress caused by the accident.
- Loss of Enjoyment of Life: If injuries prevent you from engaging in activities you once enjoyed.
Punitive Damages
- In rare cases, punitive damages may be awarded if the driver’s actions were particularly reckless or egregious (e.g., driving under the influence).
How Does Uninsured Motorist Coverage Work in Hit-and-Run Cases?
Uninsured motorist (UM) coverage is a critical resource for victims of hit-and-run accidents. Here’s how it works:
Key Features of UM Coverage
- Who Is Covered?
- The policyholder, passengers in their vehicle, and pedestrians struck by the insured vehicle.
- What Is Covered?
- Medical bills, lost wages, and other damages resulting from the accident.
- How to File a Claim
- Notify your insurer about the hit-and-run and file a UM claim. Be prepared to provide:
- A police report.
- Medical records.
- Evidence of the accident.
Challenges in UM Claims
Insurance companies may try to minimize your compensation or argue that your injuries aren’t covered. Having an experienced attorney on your side ensures your rights are protected.
What Are the Challenges in Pursuing a Hit-and-Run Case?
Hit-and-run cases present unique legal and practical challenges, including:
- Identifying the Driver: Locating the at-fault driver requires extensive investigation, including:
- Reviewing traffic camera footage.
- Gathering witness statements.
- Analyzing police reports.
- Insurance Company Pushback: Insurers may dispute the severity of your injuries or the validity of your claim under UM coverage.
- Limited Evidence: If no witnesses or physical evidence is available, proving the hit-and-run occurred can be difficult.
- Delays in Compensation: Hit-and-run cases often take longer to resolve, especially if the driver is never found.
Can I Recover Damages if I Was a Pedestrian or Cyclist in a Hit-and-Run?
Yes, pedestrians and cyclists injured in hit-and-run accidents are eligible for compensation under New York’s insurance laws.
Compensation Options
- PIP Insurance: If you have auto insurance, your PIP policy will cover your medical expenses.
- UM Coverage: If you or a household member has uninsured motorist coverage, it can be used to recover additional damages.
- Crime Victims Compensation Fund: Assists with out-of-pocket expenses if the hit-and-run involved a criminal act.
How Long Do I Have to File a Hit-and-Run Lawsuit?
In New York, the statute of limitations for personal injury claims is three years from the date of the accident. However:
- UM claims typically have shorter deadlines, so notify your insurer promptly.
- Delays in filing can weaken your case, as evidence and witness accounts may fade over time.
How Can an Attorney Help in a Hit-and-Run Case?
An experienced personal injury attorney can significantly improve your chances of recovering compensation after a hit-and-run accident. Here’s how:
- Conducting Investigations: Attorneys can work with private investigators, review traffic footage, and consult experts to identify the at-fault driver.
- Negotiating with Insurers: Insurance companies sometimes don’t pay out enough. A lawyer can make sure you get what you deserve.
- Filing a Lawsuit: If negotiations fail, your attorney can file a hit-and-run lawsuit to seek damages through the court system.
- Handling Legal Complexities: From navigating PIP and UM policies to meeting strict deadlines, an attorney can handle the legal intricacies so you don’t have to.
Why Choose the CEO Lawyer Personal Injury Law Firm?
At the CEO Lawyer Personal Injury Law Firm, we specialize in helping hit-and-run victims in New York recover the compensation they deserve. Here’s why clients trust us:
- Extensive Experience: We’ve handled countless hit-and-run cases, securing millions in settlements for our clients.
- Aggressive Advocacy: We don’t back down when dealing with insurance companies or negligent parties.
- Compassionate Support: Our car accident attorneys understand the emotional and financial toll of hit-and-run accidents and are here to guide you every step of the way.
What Are the Next Steps?
If you’ve been injured in a hit-and-run accident, don’t wait to take action. Contact the CEO Lawyer Personal Injury Law Firm at (516) 689-1132 for a free consultation today.
We’ll handle the legal complexities so you can focus on healing. Contact us today to get started!
