Being involved in a hit-and-run accident is a deeply distressing and potentially life-altering experience. The immediate shock of the collision, combined with the realization that the other driver has fled the scene, can leave victims feeling overwhelmed, vulnerable, and unsure of their next steps.
Whether you’ve sustained physical injuries, vehicle damage, or both, the emotional impact of being abandoned at the scene only compounds the trauma of the accident itself.
Understanding how to respond in the critical moments and hours following a hit-and-run incident is essential for protecting your legal rights and ensuring the best possible outcome for your case. This guide will walk you through the crucial steps to take after a hit-and-run accident, from ensuring your immediate safety to working with law enforcement and insurance companies.
With proper documentation and swift action, you can maximize your chances of identifying the responsible party and securing the compensation you deserve for your damages and injuries.
What Is a Hit and Run Accident?
A hit-and-run accident occurs when a driver involved in a collision leaves the scene without stopping to:
- Identify themselves.
- Exchange contact and insurance information.
- Assist anyone who is injured.
Under New York Vehicle and Traffic Law § 600, fleeing the scene of an accident is illegal, regardless of whether the accident involves property damage, injuries, or fatalities. The law requires drivers to stop immediately and fulfill their legal obligations.
Common Scenarios for Hit and Run Accidents
- A driver rear-ends another vehicle and drives away.
- A vehicle hits a parked car and leaves without leaving a note.
- A driver strikes a pedestrian or cyclist and flees the scene.
Hit-and-run accidents are not only criminal offenses but also create additional challenges for victims seeking compensation.
What Should I Do Immediately After a Hit and Run Accident?
Taking the right steps after a hit-and-run accident can protect your health, strengthen your case, and improve your chances of recovering compensation. Here’s what you need to do:
- Ensure Safety
- Move to a safe location, such as the side of the road, if possible.
- Check yourself and any passengers for injuries. Call 911 immediately if anyone is hurt.
- Call the Police
- Report the hit-and-run accident to law enforcement. A police report is a critical piece of evidence for insurance claims and legal actions.
- Provide the police with as much detail as possible about the fleeing driver and their vehicle (e.g., make, model, color, license plate).
- Document the Scene:
- Take photos or videos of damage to your vehicle or property, the surrounding area, including skid marks, debris, or traffic signs, and your injuries, if any.
- Write down everything you remember about the fleeing vehicle and driver.
- Gather Witness Information: Ask witnesses for their names and contact information. Their statements can be invaluable in identifying the driver or corroborating your account of the accident.
- Notify Your Insurance Company: Report the accident to your insurance provider as soon as possible. Be honest and provide all necessary details. Mention that it was a hit-and-run and include the police report number.
What Information Should I Collect After a Hit-and-Run Accident?
Even though the at-fault driver fled the scene, you can still gather important information that may help law enforcement track them down or strengthen your case with your insurance company. Be sure to record:
- Details About the Other Vehicle:
- Make, model, and color.
- Any portion of the license plate number.
- Unique features (e.g., dents, stickers).
- Time and Location: Note the exact time and location of the accident, including cross streets or landmarks.
- Descriptions of the Driver: If you saw the driver, note physical characteristics, such as gender, approximate age, or clothing.
- Surveillance Opportunities: Look for nearby traffic or security cameras that might have captured the incident. Notify the police about these potential sources of evidence.
What Are the Legal Consequences for Fleeing the Scene in New York?
Fleeing the scene of an accident is a criminal offense in New York, and the penalties depend on the severity of the incident:
- Property Damage Only:
- Classified as a misdemeanor.
- Penalties include fines up to $250, points on the driver’s license, and possible jail time.
- Injuries Involved:
- Classified as a felony.
- Penalties include fines, license suspension, and potential imprisonment.
- Fatalities Involved: A Class D felony with severe penalties, including up to seven years in prison.
Reporting the hit-and-run promptly ensures the responsible driver faces legal consequences and helps law enforcement locate them.
Can I Still Recover Compensation if the Driver Is Not Found?
Yes, New York laws and insurance policies provide avenues for victims to recover damages even if the at-fault driver is not located. These include:
- Uninsured Motorist (UM) Coverage
- UM coverage compensates for injuries and damages caused by unidentified or uninsured drivers.
- It is a required component of all auto insurance policies in New York.
- Personal Injury Protection (PIP)
- As a no-fault insurance state, New York requires all drivers to carry PIP coverage.
- PIP covers up to $50,000 for medical expenses, lost wages, and other damages, regardless of fault.
- Motor Vehicle Accident Indemnification Corporation (MVAIC)
- If you lack insurance or the fleeing driver is uninsured, the MVAIC may provide compensation for hit-and-run victims.
- You must report the accident to the police within 24 hours and file a claim with the MVAIC within 90 days.
How Long Do I Have to File a Claim or Lawsuit After a Hit-and-Run?
The timeframe for filing a claim or lawsuit after a hit-and-run accident is governed by several key deadlines in New York. Understanding these timelines is crucial because missing them could jeopardize your ability to recover compensation.
Below, we break down the specific deadlines for various types of claims and highlight the exceptions and considerations unique to hit-and-run cases.
Personal Injury Claims: 3-Year Statute of Limitations
- In New York, you have three years from the date of the hit-and-run accident to file a personal injury lawsuit against the responsible party.
- This statute of limitations applies even if the driver remains unidentified. In such cases, your claim will likely involve your uninsured motorist (UM) coverage or another applicable insurance policy.
Property Damage Claims: 3-Year Statute of Limitations
- Similarly, claims for property damage, such as vehicle repairs, must also be filed within three years of the accident.
- However, if the fleeing driver is identified later, you may be able to pursue claims against their insurance.
Uninsured Motorist (UM) Claims
Uninsured motorist claims follow different deadlines, as these are governed by your insurance policy rather than New York’s general statute of limitations. Most insurance companies require you to:
- Notify Them Promptly: Policies typically specify that you must notify your insurer of the accident within 30 days or as soon as reasonably possible. Failing to meet this deadline can result in the denial of your UM claim.
- File the Claim Within a Shorter Timeframe: While specific timelines vary by policy, many insurers set a strict deadline for formally filing the claim, often within 6 months to 1 year of the accident.
Motor Vehicle Accident Indemnification Corporation (MVAIC) Claims
If you don’t have insurance or cannot access UM coverage, the Motor Vehicle Accident Indemnification Corporation (MVAIC) provides compensation to hit-and-run victims. However, MVAIC claims involve tighter deadlines:
- Report the Accident to the Police Within 24 Hours: Failing to report the hit-and-run to law enforcement within 24 hours can disqualify you from receiving MVAIC benefits.
- File a Claim Within 90 Days: MVAIC requires you to submit your claim application within 90 days of the accident.
What Damages Can I Recover After a Hit-and-Run Accident?
Victims of hit-and-run accidents may be entitled to several types of compensation, including:
Economic Damages
- Medical bills and ongoing treatment costs.
- Lost wages and reduced earning capacity.
- Property damage, such as vehicle repairs.
Non-Economic Damages
- Pain and suffering.
- Emotional distress.
- Loss of quality of life.
Wrongful Death Damages
- Funeral and burial expenses.
- Loss of financial support for dependents.
- Loss of companionship and guidance.
How Can an Attorney Help After a Hit-and-Run Accident?
An experienced New York hit-and-run accident attorney can make a significant difference in your recovery. Here’s how:
- Investigating the Accident:
- Gathering evidence, such as surveillance footage and witness statements.
- Coordinating with law enforcement to identify the fleeing driver.
- Navigating Insurance Claims:
- Filing uninsured motorist or PIP claims with your insurer.
- Negotiating with insurance adjusters to ensure you receive fair compensation.
- Exploring All Avenues for Recovery:
- Pursuing claims through the MVAIC or other resources if the driver cannot be located.
- Filing a lawsuit if necessary to secure damages.
- Reducing Your Stress: Handling all legal and administrative tasks so you can focus on your recovery.
Why Choose the CEO Lawyer Personal Injury Law Firm?
At the CEO Lawyer Personal Injury Law Firm, we understand the frustration and uncertainty hit-and-run victims face. Here’s why families in New York trust us with their cases:
- Proven Expertise: We’ve successfully handled countless hit-and-run actions and personal injury cases.
- Aggressive Advocacy: We fight tirelessly to secure the compensation you deserve.
- Compassionate Support: We treat every client like family, providing guidance and care throughout the process.
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. Our dedicated team of car accident lawyers is here to help you recover the compensation you deserve.
You don’t have to face this situation alone. Let us fight for your rights and help you secure the compensation you deserve. Contact us today!
