Unfortunately, hit and run accidents happen somewhat frequently, meaning you should know what your path to recovery might be if you are injured by a negligent driver who flees the scene.
Immediately after you are injured in a hit and run, call 911. Report the accident and tell the police that the negligent driver fled, which is illegal. Then, go to the hospital and get assessed for possible injury. New York’s no-fault laws ensure hit and run victims can get some compensation through their personal injury protection insurance, but you may still need more when you exhaust that policy and your uninsured/underinsured motorist (UM/UIM) policy, if you have one. You may also be able to sue for extra damages, but only if your injuries are serious enough.
Call Basch, Keegan & Spada’s New York car accident lawyers at (845) 303-2748 for a free case evaluation.
What Should Happen Immediately After You Are Injured in a Hit and Run in New York?
Hit and run accidents can be genuinely terrifying, whether you are injured as a driver, passenger, pedestrian, motorcyclist, or bicyclist. What happens in the moments immediately after an accident could make all the difference in your future claim, so it’s crucial for you to take the right steps.
Call the Police
Call 911 immediately after a hit and run accident in New York. It is illegal for drivers to flee the scene of an accident without exchanging information or calling the police if immediate reporting is mandatory because of a death or injury.
Look for Witnesses
You may not have seen anything in the moments leading up to a hit and run accident, but nearby eyewitnesses might have. If your injuries allow you, look around the area for any eyewitnesses. Eyewitnesses are typically happy to give car accident victims their names and contact information in case their attorneys need to speak with them about what happened, especially after a hit and run.
Go to the Hospital
You should also immediately go to the hospital, even if you do not know who the negligent driver was or exactly how you will receive compensation for your injuries. You must begin documenting injuries right away to prove when you sustained them and maintain a complete and accurate medical record.
How Can You Get Compensation if You Are Injured in a Hit and Run in New York?
Getting compensation after a hit and run accident is possible, and there are several different paths you may take, depending on the case.
Personal Injury Protection Insurance
New York is a no-fault state, so almost everyone injured in a car accident, whether it is a hit and run or not, must first seek compensation from their personal injury protection insurance. No-fault coverage is mandatory for all New York drivers, and you may be covered by a policy of a household or family member, even if you do not have one yourself.
Victims injured in hit and runs as passengers can seek damages from the PIP of the driver operating the car they were riding in.
Uninsured/Underinsured Motorist Coverage
If the compensation you receive from no-fault insurance isn’t enough to cover all your economic damages, you may also get some compensation from an uninsured/underinsured motorist policy. The mandatory minimums for these policies are low ($25,000 per person, $50,000 per accident, and $10,000 per accident), so victims may still need additional compensation after exhausting their UM/UIM policies.
Lawsuit Against the Negligent Driver
When injuries are severe enough, victims can sue negligent drivers, despite New York’s no-fault rules for car accidents. A claim against the negligent driver may yield more compensation than what you get from PIP, particularly regarding non-economic damages. Personal injury protection insurance doesn’t cover non-economic damages, but a lawsuit against the negligent driver can.
Claim with the Motor Vehicle Accident Indemnification Corporation
If any personal injury protection insurance policy does not cover you and you cannot file a lawsuit because your injuries are not serious enough, you may pursue a claim with New York’s Motor Vehicle Accident Indemnification Corporation for uninsured accident victims.
How Can You Find the At-Fault Driver in a Hit and Run in New York?
Even if you never caught a glimpse of the driver or vehicle that injured you during a hit and run in New York, you might still be able to track them down and demand compensation with our attorneys’ help.
Get our help to find an at-fault driver after a hit and run. Our Hudson Valley, NY car accident lawyers can obtain and analyze surveillance camera footage in the area, interview eyewitnesses, and seek assistance from law enforcement, who may also be looking for the negligent driver, as fleeing a crash site is illegal in New York.
What Happens if You Identify the Driver After a Hit and Run?
If you identify the driver in a hit and run accident, you may be able to pursue compensation against them. To see if that is possible, we must confirm whether you have sustained a serious injury or incurred a basic economic loss.
In New York, death, dismemberment, significant disfigurement, fractures, miscarriage, and several other injuries are considered “serious” injuries. Incurring at least $50,000 due to an accident is considered a basic economic loss. Pass either of these thresholds, and you can circumvent New York’s no-fault laws and sue a negligent driver for non-economic damages.
Because car accident victims have a limited time to pursue compensation after collisions, taking too long to identify the driver in a hit and run could make you miss the 2-year filing deadline and your chance at claiming damages.
Get Our Help with Your New York Hit and Run Case
Basch, Keegan & Spada’s Albany, NY car accident lawyers can review your case for free when you call us today at (845) 303-2748.