In New York, no-fault auto insurance laws ensure that drivers can be compensated for their injuries, regardless of who is responsible for the accident. This is especially important in the case of accidents with uninsured motorists or hit-and-run accidents. There are often limits, however, to how much you can recover after an accident under no-fault insurance policies. If your injuries are serious or damages exceed your insurance policy’s Personal Injury Protection (PIP) limits, you may be entitled to additional compensation.
Before you file an insurance claim for a hit and run accident, Buttafuoco & Associates can help. Call us at 1-800-NOW-HURT to speak with a seasoned New York car accident attorney.
Hit-and-Run Accidents: The Basics
A hit-and-run is when a driver involved in a crash flees the scene of the accident without exchanging information. In other words, you’re left without the other driver’s insurance information, which means their insurance provider cannot compensate you for your injuries, even if they are severe.
While an insurance policy’s Personal Injury Protection (PIP) benefits may cover some damages, including medical bills and lost wages, it’s rarely enough, especially in the case of serious injuries or a wrongful death.
Even if you are the victim of a hit-and-run, you may still have options, including:
- Uninsured motorist (UM) coverage may apply to your case–if you have it.
- The Motor Vehicle Accident Indemnification Corporation (MVAIC) can provide compensation–if you qualify.
- If the police locate the driver, you can file a lawsuit.
None of these options is perfect, and not all of them may be possible depending on your situation. If you have experienced a hit-and-run and are unsure how to proceed, contacting our New York car accident attorneys for a free consultation may be helpful in clarifying your options.
Steps to take after a Hit-and-Run in New York
First, it’s important to take steps that may help the police locate the at-fault driver. if the other driver flees the scene, report the hit and run to the local police. Provide as much information about the other vehicle as you can. This can include:
- Make, model, and color of vehicle
- Type of vehicle (sedan, SUV, pickup truck, etc.)
- Distinguishing features (bumper sticker, custom auto work, etc.)
- Physical description of the other driver
- How the accident happened (this can help locate distinguishing damage on the other vehicle)
The police will document the crash site, including witness statements and surveillance footage from nearby buildings or dashcams, and your attorney use this evidence to support your case.
Personal Injury Protection and Uninsured Motorist Coverage
New York requires drivers to have a minimum of $50,000 in PIP benefits with their insurance policy. Consulting a New York car accident lawyer to file a claim through your PIP policy is your first option for seeking damages after a hit and run, and it should cover minor accidents and injuries, up to your policy limits. Some drivers opt for additional PIP benefits, entitling them to more coverage.
You may also be able to file a claim through uninsured motorist (UM) coverage. This is optional coverage, and it’s meant to cover accidents caused by motorists who do not carry insurance. In the case of a hit-and-run, UM coverage often still applies.
Furthermore, you may have options through different types of insurance. For example, your health insurance company may have a policy to cover long-term disability.
The Motor Vehicle Accident Indemnification Act
When there are no other options, New York has a safety net for those seriously injured or killed by uninsured or unidentified drivers: The Motor Vehicle Accident Indemnification Act. This allows a victim to file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC). Through MVAIC, victims can be entitled up to:
- $25,000 per person for injury
- $50,000 per person for death
- $50,000 per accident for injury
- $100,000 per accident for death
New York’s Insurance Law §5217 requires proof of physical contact with the fleeing vehicle. According to our car accident lawyers serving New York, strong evidence in these cases include:
- Video footage of the accident
- Witness statements
- Assessment of vehicle damage
- Medical records
- Police reports
What if the police locate the other driver?
If the police identify and locate the hit and run driver, they will likely be charged with a criminal offense. If this is the case, you will also be able to file a personal injury claim against the at-fault driver in civil court.
Recovering Damages after a Hit and Run Can Be Difficult
Buttafuoco & Associates understands how difficult it can be to recover damages after a hit and run accident. Our car accident attorneys in New York are here to fight for you; we have the expertise to navigate a personal injury case, as well as PIP benefits, UM coverage, and MVAIC claims.
Call 1-800-NOW-HURT for a free case review.
