Hit and runs are incredibly dangerous. They are often very serious accidents, which might be part of the reason the driver flees instead of taking responsibility for what happened. As such, they are often very expensive cases, and victims need compensation. But how can you get paid for your injuries if the defendant ran away?
In some cases, we can actually locate the driver. Working with police, we can track down the responsible party and get them to pay for your injuries. This is especially helpful for pedestrians and cyclists who might have no insurance to cover them. Otherwise, if you were in another car, your insurance can cover you regardless of fault. It can also pay additional benefits from your uninsured motorist coverage.
Call our New York car accident lawyers at The Carrion Law Firm for help with your case today: (718) 841-0083.
Can You Sue a Hit and Run Driver?
If you can find the driver who hit you, you can take legal action against them like in any other car accident case. However, a lawsuit is not always available under NY’s no-fault insurance laws.
Finding the Driver
First, the chance that a driver is ultimately located is not very high. Especially in New York City, there are millions of drivers, and it can be hard to track down the one who fled from the scene of your accident.
However, if you promptly report the accident to the police, they might be able to track the driver down. It is also possible that a driver willing to commit a hit and run might get into another accident or face a DUI pullover down the road, and the police can potentially connect the incidents and give you their information.
Our Queens, NY car accident lawyers can also look for security cameras, eyewitness statements, and other evidence to help us potentially track down the driver who hit you and serve them with a lawsuit.
“Serious Injury” Threshold
Lawsuits are not always allowed for car accidents under NY law. Whether you are a pedestrian, a cyclist, or a driver/passenger in another car, you can only sue the at-fault driver for “serious injuries” under New York’s no-fault insurance laws.
These laws require you to use the insurance policy for the driver of the car you were in, and they only let you sue the at-fault driver for additional damages (like pain and suffering) if you have “serious injuries.” If you were a cyclist or pedestrian, then your claim goes against the driver’s no-fault insurance, but pain and suffering damages are not allowed unless your injuries are “serious.”
An injury counts as a “serious injury” if it is fatal or kills a fetus or if it involves a broken bone, permanent injury, or significant limitation. An injury resulting in disability for 90 of the following 180 days also qualifies.
Does My Insurance Cover a Hit and Run?
If you were in another car, you might need to track down the driver because your own insurance covers you regardless of who caused the accident. Your no-fault coverage must have at least $50,000 to cover “basic economic loss”:
- Any medical care needs
- Up to $2,000 per month for 3 years of lost earnings
- Up to $25 per day for other reasonable expenses.
You may also have other insurance coverages, such as Medpay and uninsured motorist coverage (UM), to pay for additional damages.
Can My Uninsured Motorist Coverage Pay for a Hit and Run?
New York requires drivers to have UM coverage on their insurance policy to cover damages caused by an uninsured motorist. This coverage must at least match the state minimum for your no-fault coverage, meaning it will be at least another $50,000.
Whether the driver responsible for the hit and run has insurance might remain a mystery if we cannot find them. Either way, your UM (uninsured motorist) coverage can pay for a hit and run accident.
This insurance steps in to cover you as if the no-fault driver were paying it. This means that if you have serious injuries, you can get pain and suffering damages from your UM coverage as if you sued the at-fault driver.
Drivers can get additional first-party benefits and higher UM limits, meaning your insurance might cover much higher damages.
Do I Have Hit and Run Insurance?
The insurance coverage that pays for hit and runs is the same as your uninsured motorist coverage. New York law requires every insurance policy to include this coverage, meaning that if you have car insurance in the state, you have UM coverage to pay for hit and runs.
Do Cyclists and Pedestrians Have UM Coverage?
UM also covers household members. This might mean that if you are on a bike or walking on foot when you are in a hit and run, your insurance or someone else in your household’s insurance could cover you and get you damages.
What if I Don’t Have Uninsured Motorist Coverage?
Fortunately, there are still options for compensation if you do not have UM coverage. You might be able to rely on your medical insurance and just go to the hospital for treatment if your injuries are not too severe.
You may also be able to apply for payments from the Motor Vehicle Accident Indemnification Corporation (MVAIC). This is administered by the New York State Department of Financial Services and covers auto accident injuries for people who otherwise have no insurance to cover them after a hit and run.
You can check your qualifications on their website, but our lawyers can also help you claim compensation through this or any other relevant route. Note that qualifications require you to report the accident promptly to the police, which is something you should do in any car accident case.
What to Do After a Hit and Run
After a hit and run, you should call 911 and report the accident immediately. You should also note anything you can about the vehicle that hit you: partial license plate number, make, model, driver info.
Also look around for cameras that might have caught the crash. The police or our attorneys can ask for footage and potentially find more info about the driver.
Lastly, call a lawyer. Never try to handle these cases on your own. Put our legal experience and resources to work for you.
Call Our Car Accident Lawyers in New York Today
For a free review of your potential case and help getting compensation, call The Carrion Law Firm’s Albany, NY car accident lawyers right away at (718) 841-0083.