Hit and Run Accidents
As lawyers for hit and run accidents in New York, many clients injured in hit-and-run accidents thought they didn’t have a case because there was no one to sue. This is wrong.
Q. Can I get money for personal injury if I was injured in a hit-and-run accident?
A. Yes. Even if there is no one to sue, you can get money from a personal injury settlement in a hit-and-run accident.
Q. Will my medical bills be paid if I was injured in a hit-and-run accident?
A. Yes. your medical bills will be paid by No-Fault insurance if you were injured in a hit-and-run accident, even if you did not have insurance (but not if you were riding a motorcycle).
To find out who will pay your medical bills, see the paragraph below, Who Pays Medical Bills In a Hit-And-Run Accident?
Q. Can I be paid for lost wages if I was injured in a hit-and-run accident?
A. Yes. your lost wages will be paid by No-Fault insurance if you were injured in a hit-and-run accident, even if you did not have insurance (but not if you were riding a motorcycle).
To find out who will pay your lost wages, see the paragraph below, Who Pays Medical Bills In a Hit-And-Run Accident?
Types of Hit-and-Run Accidents
If you were injured in any of the following types of accidents by a motor vehicle that left the scene, you can have a personal injury case, and we want to represent you:
- Car hit by a vehicle that left the accident scene
- Motorcycle hit by a vehicle that left the accident scene
- Bicycle hit by a vehicle that left the accident scene
- Pedestrian hit by a vehicle that left the accident scene
Who Pays My Personal Injury Settlement in a Hit and Run Accident?
Since there is no one to sue in a hit-and-run accident, you can make an uninsured claim against your own insurance policy.
New York State law requires every car in New York to have a minimum of $25,000 uninsured coverage, so you can be paid for your pain and suffering when you are injured in a hit-and-run accident. Many cars have $100,000 to $1,000,000 of uninsured coverage. Find out more about uninsured coverage.
If you own a car or live with someone who owns a car, your uninsured coverage will pay you for your pain and suffering claim.
If you don’t own a car but live with a family member or relative who owns a car with uninsured coverage, you can still get money from an uninsured claim, and your family member’s insurance premium cannot be increased because you got paid from an uninsured claim on their policy!
If you do not own a car or live with someone who owns a car, we can file a claim for you for uninsured coverage with MVAIC, a New York State agency providing insurance coverage when there is no insurance available. MVAIC has very short time deadlines, so please call us immediately!
Hit-and-run accidents are very complicated, involving many issues not involved in a regular car accident. You should never attempt to settle your own case without a lawyer when you’re injured in a Hit and run accident. Always call a lawyer for hit-and-run accidents in New York before you speak with anyone.
Motorcycle Hit-and-Run Accidents Are Different
Although motorcyclists cannot get money for medical bills and lost wages from No-Fault when injured in a hit-and-run accident, motorcycles are covered by uninsured coverage for hit-and-run accidents. This means that a motorcyclist injured in a hit-and-run accident can file an uninsured claim to get money for pain and suffering when there is no one to sue.
Motorcyclists have different critical issues with hit-and-run accidents than drivers of cars. If you were injured in a motorcycle hit-and-run accident, you need a motorcycle accident lawyer who knows how to handle hit-and-run accidents involving a motorcycle.
Who Pays My Medical Bills In a Hit-and-Run Accident?
If you were injured in a car that was involved in a hit-and-run accident, your medical bills will be paid by the no-fault insurance company. Only after no-fault insurance stops paying can your medical bills be paid by health insurance.
If you were injured in a bicycle accident or pedestrian accident by a vehicle that left the scene, and you own a car or live with a relative who owns a car, your medical bills will be paid by the no-fault insurance company that insures that car.
If you do not have a car or live with a relative who has a car, your medical bills will be paid by MVAIC (Motor Vehicle Accident Indemnification Corporation), which is a New York State agency that provides free insurance for injured pedestrians and bicyclists that do not own a car.
The minimum no-fault coverage required by New York State is $50,000 to pay your medical bills and lost wages, but there may be more than that.
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Is Contact Required for Hit and Run Accidents?
We have successfully represented many clients in hit-and-run accidents where our client was cut off by a car, and there was no apparent contact between the vehicles.
However, the law does require contact between you or your vehicle and another vehicle. The law also requires that a police accident report is filed within 24 hours of the hit-and-run accident.
We believe we are the only Personal Injury attorneys in New York who will take a hit-and-run case without contact. If you were involved in a car accident or motorcycle accident where there was no contact between you, your motorcycle, or your car, please call us immediately.
What Will the Insurance Company Look For to Determine if There Was Contact?
Some of the things your insurance company will look at to determine if there was contact are:
- Your recorded statement when you first called the insurance company and any other times you spoke with the insurance company.
- Evidence of damage on your car from another vehicle.
- What the police report shows and what you said to the police officer as recorded on the police report.
- Your hospital records. When you go to the hospital, you will have been asked what happened.
- Your medical records. When you go to a doctor, you will have been asked what happened.
- You may be required to appear and testify at an Examination Under Oath which is like a deposition.
- The attorneys for your insurance company may refuse to pay and request the court to hold a hearing (like a trial) to determine if there was contact.
What Is Required to File an Uninsured Claim for a Hit and Run Accident?
- As mentioned above, some type of contact between the other vehicle and your vehicle or, if on a motorcycle, your body.
- A police report must be filed within 24 hours of the hit-and-run accident.
- Notice of an uninsured claim must be given to your insurance company within a reasonable period of time or within 90 days of the hit-and-run accident. Note: filing a No-Fault application or calling your insurance company to report the damage is not notice of an uninsured claim.
Car Hit by a Vehicle That Left the Accident Scene
If you were a driver or passenger of a car and are injured in a car that was hit by another vehicle and left the scene, the insurance company insuring the car you were in will provide insurance coverage for your injuries.
This is called uninsured coverage. Under some circumstances, there could be another insurance company that also provides coverage.
Motorcycle Hit by a Vehicle Which Left the Scene
If you were injured in a hit-and-run motorcycle accident and either you or your motorcycle came in contact with another vehicle that left the scene, you have uninsured insurance coverage from your own insurance policy, which will pay you for your injuries.
While the law requires contact, we want to represent you even if there was no contact with another vehicle. We believe we are the only motorcycle attorneys in New York who will represent a motorcyclist in a hit-and-run motorcycle accident case without contact.
Bicycle Hit by a Vehicle Which Left the Scene
If you were injured while riding a bicycle that was hit by a vehicle that fled the scene, you may have uninsured insurance coverage if you own a car or live with someone who owns a car.
If you do not own a car or live with someone who owns a car, we can file a claim for you for uninsured coverage with MVAIC, a New York State agency providing insurance coverage when there is none available. MVAIC has very short time deadlines, so please call us immediately!
Pedestrian Hit-and-Run Accident
If you were walking on a sidewalk, crossing the street, or walking anywhere in the street as a pedestrian hit by a car, truck, or motorcycle which left the scene, we want to represent you.
You will have $50,000 or more No-Fault insurance coverage to pay your medical bills and lost wages. You must file a no-fault application within 30 days of your accident unless you have a good excuse.
You can also get $25,000 or more for pain and suffering to compensate you for your injury.
Wrongful Death from a Hit-and-Run? NO Legal Fee for Estate Work
We provide free legal services for estate work in the event that someone is killed in a Hit and Run accident and the family doesn’t have or doesn’t want to spend the money to hire an estate lawyer.
If someone you know was killed because of a vehicle that left the scene, a New York no-fault death benefit may also be available in addition to money for wrongful death. We do not charge a legal fee to obtain the death benefit or to get the administrator appointed.
Call the lawyers for Hit and Run accidents in New York at 1-800-HURT-911®
Is There a No Injury Hit and Run Lawyer?
No. If you had no injury in a hit-and-run accident, a lawyer will not want to represent you. If you had no injury in a hit-and-run accident but had property damage, you can file a lawsuit in Small Claims Court in New York if you are not seeking more than $5,000. If you had more than $5,000 in damage, you can file a lawsuit in the next highest court in New York or look for a lawyer for a property damage lawsuit.
If you had no injury in a hit-and-run accident and had no property damage, you don’t have any damages that can be collected from a lawsuit, so a lawyer would not take your case.
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Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.
Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.