Does Uninsured Motorist Cover Hit and Run in New York?

Being involved in a hit-and-run accident can leave you feeling vulnerable and uncertain about your next steps. Each year, thousands of New York drivers face this unsettling situation, particularly in high-traffic areas like Manhattan and Brooklyn, where congested streets increase the likelihood of such incidents.

When the responsible party flees the scene, victims are often left with mounting medical bills, vehicle repair costs, and pressing questions about their financial recovery options. A critical concern that frequently arises is whether uninsured motorist coverage can protect in hit-and-run scenarios.

At the CEO Lawyer Personal Injury Law Firm, we’re here to help you understand your rights and how to navigate the complexities of a hit-and-run coverage claim. In this FAQ, we’ll dive deep into what uninsured motorist insurance is, how it works in hit-and-run cases, and what steps you can take to secure compensation.

For personalized assistance, call us at (516) 689-1132 to schedule a free consultation.

What Is Uninsured Motorist Coverage?

Uninsured motorist (UM) coverage is a mandatory component of auto insurance policies in New York that protects you if you are injured by:

• A driver without insurance.
• A driver whose insurance coverage is insufficient to cover your damages.
• A driver who leaves the scene of an accident (hit-and-run).

Key Features of UM Coverage:

• It is part of your own auto insurance policy.
• It applies regardless of whether you are a driver, passenger, pedestrian, or cyclist.
• It compensates for injuries and damages caused by the uninsured or unidentified driver.

Does Uninsured Motorist Insurance Cover Hit-and-Run Accidents in New York?

Yes, uninsured motorist insurance in New York covers hit-and-run accidents. Since a hit-and-run driver is considered an “uninsured driver” for legal purposes, UM coverage steps in to provide compensation for your injuries and damages when the at-fault driver cannot be identified.

What Does UM Coverage Pay For?

1. Medical Expenses: Emergency room visits, surgeries, physical therapy, and long-term medical care.
2. Lost Wages: Income lost due to time off work or reduced earning capacity resulting from injuries.
3. Pain and Suffering: Compensation for physical pain, emotional distress, and loss of quality of life.
4. Funeral Costs: If a hit-and-run results in a fatality, UM coverage can help with burial and funeral expenses.

How Does UM Coverage Work in a Hit-and-Run Case?

In a hit-and-run accident, you’ll rely on your own uninsured motorist policy to file a claim. Here’s how the process works:

1. Report the Accident to Law Enforcement: File a police report immediately after the accident. A documented report is a crucial piece of evidence in any uninsured motorist claim. New York law requires hit-and-run victims to report the accident within 24 hours to qualify for UM benefits.
2. Inform Your Insurance Company: Inform your insurer about the accident as soon as possible. Provide details about the accident, including the police report, medical records, and any evidence collected at the scene.
3. File a UM Claim: Submit a formal claim to your insurance company under the uninsured motorist section of your policy.
4. Insurance Investigation: Your insurer will investigate the claim to verify that the accident was a hit-and-run and that you meet all eligibility requirements.
5. Negotiation or Litigation: If the insurer offers insufficient compensation, you may need an attorney to negotiate or file a lawsuit on your behalf.

What if I Don’t Have Auto Insurance?

If you don’t own a car and are injured in a hit-and-run accident as a pedestrian, cyclist, or passenger, you may still be eligible for compensation through other means:

Motor Vehicle Accident Indemnification Corporation (MVAIC)

The MVAIC provides compensation for hit-and-run victims who do not have access to insurance coverage.

To qualify:

• The accident must occur in New York.
• You must report the accident to the police within 24 hours.
• You must file a claim with the MVAIC within 90 days of the accident.

Household Insurance Policies

If a member of your household has an auto insurance policy, you may be covered under their uninsured motorist policy, even if you were not driving or riding in their vehicle at the time of the accident.

How Much Compensation Can I Recover Through UM Coverage?

The amount of compensation you can recover through uninsured motorist (UM) coverage in a hit-and-run case depends on the limits of your policy and the specific circumstances of the accident. In New York, every auto insurance policy includes mandatory UM coverage with minimum limits, but many drivers choose to purchase higher coverage to protect themselves more thoroughly.

Minimum UM Coverage in New York

• The state-mandated minimum for UM coverage is:
  • $25,000 per person for bodily injury.
  • $50,000 per accident for bodily injury (if multiple people are injured).
• These limits apply to medical expenses, lost wages, and other compensable damages directly related to the accident.

While this minimum coverage provides a baseline level of protection, it may not fully cover the damages in a severe hit-and-run accident, especially if you suffer long-term injuries or significant losses.

Factors That Determine the Amount You Can Recover

The total compensation you can recover depends on several factors, including:

1. Your Policy Limits:
   • If your policy has higher UM limits than the state minimum, you can recover up to those limits.
   • Many drivers opt for higher UM limits, such as $100,000 per person or more, to ensure greater financial protection.
2. The Extent of Your Injuries:
   • The value of your claim may be increased by serious injuries, such as traumatic brain injuries or spinal cord damage, which often require extensive medical treatment and long-term care.
   • The more severe your injuries, the higher your potential compensation for medical expenses, lost income, and pain and suffering.
3. Supplementary Uninsured/Underinsured Motorist (SUM) Coverage:
   • If you’ve purchased SUM coverage as an add-on to your UM policy, it can provide additional compensation above your UM limits.
   • SUM coverage is particularly useful in hit-and-run cases where damages exceed basic UM limits.
4. Economic and Non-Economic Damages:
   • Compensation typically includes both economic damages (e.g., medical bills, lost wages, property damage) and non-economic damages (e.g., pain and suffering, emotional distress).
   • Insurance companies often calculate pain and suffering based on a multiplier of your medical expenses or by evaluating the long-term impact on your quality of life.
5. Comparative Negligence: Under New York law, your compensation may be reduced if you contributed to the accident. This is known as the comparative negligence rule. For example, if you were 20% at fault for the accident, your total compensation would be reduced by 20%.

What Are Common Challenges in Hit-and-Run UM Claims?

Filing a hit-and-run coverage claim is not always straightforward. Common challenges include:

1. Proving the Hit-and-Run Occurred: Insurers may argue that there is insufficient evidence to prove the accident was a hit-and-run. A police report and witness statements are critical to overcoming this challenge.
2. Disputes Over Damages: Insurance companies may try to minimize your claim by arguing that your injuries are less severe than reported or that some damages are unrelated to the accident.
3. Denied Claims: If you fail to report the accident within the required timeframe or do not meet policy requirements, the insurer may deny your claim.

To Overcome These Challenges, work with an experienced personal injury attorney who can gather evidence, negotiate with insurers, and advocate for fair compensation on your behalf.

How Long Do I Have to File an Uninsured Motorist Claim for a Hit-and-Run?

In New York, the statute of limitations for filing a UM claim or lawsuit related to a hit-and-run accident is generally three years from the date of the accident. However:

• Your insurance policy may require you to notify them of the accident and file a claim much sooner (e.g., within 30 days).
• Claims filed through the MVAIC must be submitted within 90 days of the accident.

How Does an Attorney Help With an Uninsured Motorist Claim?

A New York hit-and-run attorney can be a valuable ally when dealing with the complexities of a hit-and-run case. Here’s how an attorney can help:

1. Investigating the Accident: Gathering evidence, interviewing witnesses, and obtaining surveillance footage to prove the accident was a hit-and-run.
2. Navigating Insurance Policies: Understanding and maximizing your UM coverage or exploring other avenues for compensation.
3. Negotiating With Insurers: Insurers may attempt to undervalue or deny your claim; an attorney ensures you receive the full amount you’re entitled to.
4. Litigating if Necessary: If negotiations fail, your attorney can file a lawsuit to recover compensation through the court system.

Can You Recover Compensation for a Fatal Hit-and-Run?

Yes, if a loved one is killed in a hit-and-run accident, their family may file a wrongful death claim under the deceased’s uninsured motorist coverage. Compensation may include:

• Funeral and burial expenses.
• Loss of income and financial support.
• Loss of companionship and emotional suffering.

Why Choose the CEO Lawyer Personal Injury Law Firm?

At the CEO Lawyer Personal Injury Law Firm, we are dedicated to helping hit-and-run victims navigate the legal process and secure the compensation they deserve. Here’s why families in New York trust us:

• Proven Expertise: We’ve successfully handled numerous accidents with uninsured drivers and hit-and-run cases.
• Personalized Attention: We provide compassionate support tailored to your unique situation.
• Aggressive Advocacy: We fight tirelessly against insurance companies to ensure you get the compensation you deserve.

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 today at (516) 689-1132 for a free consultation with one of our experienced car accident attorneys.

Navigating a hit-and-run coverage claim can be overwhelming, but you don’t have to do it alone. Contact us today to get started on the path to justice and recovery.