Victims have lots of questions after hit-and-runs, like what a driver fleeing means for their insurance rates and access to fair compensation. Your car insurance shouldn’t go up if you’re the victim of a hit-and-run, and you also shouldn’t assume the driver who fled is unidentifiable, as our lawyers can help track them down.
New York is a no-fault state for car accidents, meaning you first seek compensation from your own insurance, benefiting victims of hit-and-runs. Though the claim is filed with your own insurance, rates shouldn’t increase since you are the victim. Your insurance may not be enough to cover all damages from a car accident. In that scenario, we will see if your injuries pass New York’s injury threshold, which would let you sue for additional damages, including pain and suffering.
Get a free case review by calling the New York car accident lawyers of The Carrion Law Firm at (718) 841-0083.
Will My Car Insurance Go Up After a Hit-and-Run in New York?
If you are the victim of a hit-and-run accident in New York, your car insurance shouldn’t increase much, if at all. You were struck by a negligent driver who fled and did not cause the accident, so you shouldn’t face any consequences.
That said, New York doesn’t have laws expressly prohibiting insurers from increasing rates after hit-and-runs, which they may do if an insured has filed multiple hit-and-run claims in the past few years. Rates might also increase slightly if there is substantial damage.
Quickly reporting the accident to your insurer and offering evidence that you were not at fault helps prevent insurance rates from increasing after hit-and-runs. Always call the police after a hit-and-run, as your insurance company may need a copy, which our Flatbush, NY car accident lawyers can help get.
What Insurance Do I Use After a Hit-and-Run in New York?
Drivers in New York must carry personal injury protection (PIP) insurance to cover them after a crash, no matter who is at fault. So, if a negligent driver flees the scene, you could file a claim with your PIP and get some compensation.
Drivers may also carry uninsured/underinsured motorist coverage, which helps cover damages PIP does not in hit-and-run scenarios. If you cannot identify the driver, you may not file a claim with their liability insurance or a lawsuit if your injuries are bad enough. Just because you do not know who hit you does not mean our lawyers can’t identify them, so call us about your case.
What Will My Car Insurance Cover After a Hit-and-Run?
Personal injury protection insurance can cover medical damages and lost wages but does not cover non-economic damages. These are only recoverable through a lawsuit, which is only possible for certain victims of car accidents.
New York’s minimum coverage requirement for personal injury protection insurance is $50,000 per person per accident. This can be applied toward emergency room visits, prescription medications, and other medical expenses. One surgery might cost close to $50,000 alone, so your personal injury protection insurance may not cover all medical damages.
Non-economic damages refer to the intangible harms that victims suffer. Pain from injuries, trauma from the accident, and general lowered quality of life warrant are common after bad car accidents. Unfortunately, personal injury protection insurance does not provide coverage for non-economic damages.
What if My Insurance Isn’t Enough After a Hit-and-Run in New York?
Most drivers only carry the minimum in PIP, which may not be enough to cover all damages you incur. If you meet the criteria under I.S.C. Law § 5104, you are exempt from New York’s no-fault car accident system and may file a lawsuit. Before that can happen, however, we must identify the at-fault driver in a recent hit-and-run.
We have three years to file a lawsuit for a car crash, so please do not delay in contacting our lawyers. We can review nearby surveillance footage, interview eyewitnesses, analyze photographs, and employ other investigative methods to identify the driver. Fleeing an accident scene is illegal in New York, so police officers may also work to identify the at-fault party.
We must show PIP isn’t enough to cover your damages by proving you have suffered a serious injury, which is any listed under § 5102(d). We need medical records to prove the plaintiff has a serious injury, so make sure you get the medical treatment you need.
If personal injury protection insurance isn’t enough and we file a lawsuit, we may negotiate a settlement. This allows you to obtain compensation without having to go to trial, which many plaintiffs prefer.
That said, we won’t settle for less than you deserve, and we can go to court to obtain a larger amount through a jury award.
Where Should I Go After a Hit-and-Run in New York?
If another driver strikes you and flees the scene after a crash in New York, stay right there until law enforcement arrives. You shouldn’t leave just because the other driver did, and you should immediately call 911.
Tell officers what you remember about the driver’s conduct, and point out any other witnesses to the crash. Police officers may include their information in the crash report, and we can interview them in case they recall any identifying details about the other driver or their vehicle.
Go with paramedics to the hospital if necessary. Your PIP and uninsured/underinsured motorist coverage, if you have it, can cover initial medical damages, so don’t avoid treatment out of concern for the cost.
Continue attending all necessary doctor appointments and receive all required care. As you do that, we can start investigating the crash and identifying the driver who fled.
Call Our Car Accident Attorneys in New York Today
Get a free case assessment when you call Harlem, NY car accident lawyers of The Carrion Law Firm now at (718) 841-0083.