Managing Partner
At-fault drivers who flee the scene of an accident literally add insult to injury by taking off. While the victim should do everything possible to assist law enforcement in catching the driver, this does not always happen. What are the victim’s legal options at that point?
Knowing the answer to this can help you claim the compensation you need, despite the driver’s actions. Working with a knowledgeable New York personal injury law firm will help you. Turn to the dedicated attorneys of Dell & Dean PLLC.
PIP and UM Coverage
The victim’s no-fault auto insurance can provide Personal Injury Protection (PIP) coverage in the event of a hit-and-run. Drivers can also use their UM (uninsured motorist) coverage to pay for certain losses. There are differences between what PIP and UM will cover in New York:
- PIP can pay up to $50,000 in medical bills and lost wages
- PIP will not pay for pain and suffering
- UM can cover bodily injury and pain and suffering
- Your UM policy may also pay for property damage to your vehicle
- If you have supplementary uninsured motorist (SUM) coverage, this may offer additional benefits
However, it’s important to report the incident to police and your insurance right away. If you experience pushback from your insurer, consult our law office for assistance.
Third-Party Claim
Although New York hit-and-run victims are primarily concerned with the driver who left the accident scene, there are sometimes other parties who can be held responsible. The victim may be able to file a third-party claim against:
- Another driver in a multi-vehicle accident: If the crash involved multiple vehicles, then another driver who remained at the scene could be held partially liable. An accident reconstructionist can help determine what role that driver played in the crash.
- Governmental entity responsible for road maintenance: The victim may have suffered injuries, or worsened injuries, due to poor road maintenance. This can point to liability on the part of the government.
- Negligent road construction crew: Since governments contract their road work to construction companies, they too could have shared blame for the accident. Pedestrians and drivers alike should investigate whether bad road or sidewalk work was at all responsible.
- A vehicle manufacturer or mechanic: Some accidents are the result of defective vehicles and components (e.g. braking systems) or negligent vehicle maintenance and repair work. This means that the victim could name a manufacturer, mechanic, or related party as a defendant.
Motor Vehicle Accident Indemnification Corporation (MVAIC)
The MVAIC may be another avenue of available compensation. Only New York residents are eligible and they must meet certain criteria. Importantly, a victim must report the accident to law enforcement within 24 hours and must file a claim with the MVAIC within 90 days.
What to Do After a Hit-and-Run
If you were injured in a hit-and-run accident, the steps you take next could make a difference in the amount of compensation you recover. We suggest that hit-and-run victims do the following:
- Get to a safe place and call 911: Report the accident, along with any injuries, and ask for medical attention if you need it.
- See a doctor: Regardless of whether you think you were seriously hurt, you need to see a doctor immediately. Failure to do so could jeopardize your health and your compensation.
- Provide as much detail as you can to police: When law enforcement arrives, give them every detail you can remember about the vehicle and the driver who struck you.
- Start documenting the accident scene: Take pictures and record videos of the accident scene and your injuries. Ask witnesses for their names and contact information.
- Notify your insurance company: Report the incident to your auto insurance company (even if you were a pedestrian at the time of the accident). Be sure to mention that it was a hit-and-run and provide a police report number.
- Contact a New York personal injury attorney: Finally, get in touch with an experienced car accident attorney who can help you claim compensation.
Our Commitment to New York Hit-and-Run Accident Victims
At Dell & Dean PLLC, we understand the frustration and apprehension that hit-and-run victims experience. That’s why we are committed to exploring all options to maximize their recovery. Connect with us today to explore your rights and begin working on your claim.
