New York Hit and Run Accident Lawyers
Representing pedestrians and other victims of car accidents who sustain personal injuries because a driver fled the scene of the accident
If you were the victim of a hit and run, you have rights that you did not even know about. Our New York car accident lawyers who represent victims of hit and run car accidents, have decades of experience in handling hit and run cases. Whether you were a pedestrian who was hit by a car that fled the scene or were driving a car that took off after an accident, the law has protections for you.
Our New York hit and run accident lawyers have offices in Manhattan and Westchester. From our New York City office, our pedestrian accident lawyers represent people from all over Manhattan, the Bronx, Brooklyn and Queens. From our Westchester office, our attorneys handle hit and run accident cases from White Plains, Yonkers, Mamaroneck, Harrison, Rye, Ossining, Port Chester, New Rochelle, Mount Vernon and Rockland County.
Experience Matters when You Need a Lawyer for A Hit and Run Car Accident
Can I Sue for A Hit and Run
One of the most common questions that our hit and run lawyers are asked by people who were involved in a hit and run accident is, can I sue for a hit and run car accident, if the other driver fled the scene. The first issue is whether you are able to identify the vehicle that hit you. If you were able to snap a picture of the vehicle as it was fleeing or get the license plate of the vehicle, then the driver can be identified and sued.
Hit and Run Accident Lawyers Protecting Victims of Hit and Run Accidents
In 2019, there were 494 hit and run accidents involving personal injury that were reported to the New York City Police Department. In over 90% of the cases, the driver was never identified and no arrest was made.
What if I Cannot Identify the Vehicle that Was Involved in My Hit and Run Accident
Our New York hit and run accident lawyers know that being involved in an accident where the other vehicle fled the scene can be a traumatizing event. Usually people who flee the scene, do so because they did something wrong. Some of the common examples that our New York hit and run lawyers have seen are cases where the operator is driving a stolen car, or is driving a car without insurance, or the other vehicle’s operator is driving while intoxicated, or has a suspended license, or has drugs in the car. Most often, the driver that fled the scene of the accident, was at fault for causing the accident. Our New York hit and run lawyers know that the pedestrians who were hit by cars, or cars that were hit by a vehicle that fled the scene are justifiably angry, because the driver who caused the accident then left. While most victims of hit and run accidents are focused on identifying the driver who hit them, the reality is that most drivers of hit and run accidents are never identified.
You Are Not out Of Luck if You Were Hit by A Vehicle that Fled the Scene
One of the most frequest questions that our New York hit and run accident lawyers are asked is “What do I do if I was injured in a hit an run accident?” Our New York hit and run accident lawyers, know that the law in New York protects people who were victims of a hit and run accident. If you own a vehicle or anyone in your household owns a vehicle, then your own insurance company or the insurance company that covers the vehicle in your household has to provide uninsured motorist benefits. Uninsured motorist benefits cover accidents caused by drivers who have no insurance, either because a vehicle’s insurance has lapsed, or the car was driven without the owner’s authorization, such as a stolen vehicle. These benefits include no fault benefits, which pay for your medical bills and lost wages, if you cannot work because of your injuries. Also the uninsured motorist provisions of your own insurance policy, are also obligated to provide compensation for pain and suffering for your injuries, to the same extent that the unidentified or uninsured motorist would have been liable for, up to the policy limits of the insurance policy.
Pedstrians Injured in Hit and Run Accidents
Another question that our New York pedestrian accident lawyers are asked is “Who pays the medical bills for a hit and run accident?”. A common misconception is that you are not entitled to insurance benefits if you were not actually in your own car. Our New York pedestrian accident lawyers, who have decades of experience in handling hit and run cases for pedestrians who have been hit by cars know that the pedestrian is entitled to benefits even if they were not in their car at the time. If you were a pedestrian who was hit by a car and you own your own car or reside in the same household as someone who owns a car, the insurance company for the car that you own, or the insurance company for the car in your household, has to provide you with uninsured motorist benefits, if you were hit by a car that fled the scene. Our pedestrian accident lawyers know that uninsured motorist benefits cover pedestrians hit by a car that fled the scene. These uninsured motorist benefits include no fault benefits, which will pay your medical bills for the treatment of your injuries, and lost wages for the time that you cannot work. Also, if you sustained an injury, your own insurance company has to provide compensation for the pain and suffering for your injuries.
One of the most frequent questions our New York hit and run accident lawyers are asked is “Why is my insurance company paying if another driver was at fault”. The answer is that New York has set up a system of “No Fault” insurance benefits to provide benefits, which do not depend on who was at fault.
Answers to The Most Commonly Asked Questions that Our Nyc & Westchester Hit and Run Accident Lawyers Are Asked
Whether you were hit by a stolen car that crashed into your car and took off, or you were a pedestrian who was crossing the street and was hit by a car that fled the scene, our Westchester and NYC hit and run accident lawyers have seen it all. Our NYC pedestrian accident lawyers have represented countless pedestrians who were hit by cars that fled the scene, as well as numerous people who were injured in crashes with vehicles that fled the scene or had no insurance. These are answers to the most commonly asked questions.
What if I Was Hit by A Truck that Fled the Scene
If you were hit by a commercial truck, with a company logo that fled the scene, you can still sue the company, even if the particular truck’s license plate cannot be identified. Our New York truck accident lawyers have successfully sued companies whose trucks hit cars and pedestrians which fled the scene of the accident. If you were hit by a truck which fled the scene, our New York truck accident lawyers recommend that you check with the local businesses to see if they have surveillance cameras which recorded the accident, or even the other vehicle which fled the scene. If you can find surveillance, record it with our cell phone to preserve the evidence. If you can get surveillance of the vehicle that fled the scene of an accident, and it shows a company truck with a logo, then our New York truck accident lawyers can sue the company that owns the truck.
Will My Insurance Go up If I Use These Benefits
If you were not at fault for an accident, your insurance rates should not go up. You only have limited time to apply for these benefits and if you do not do so, you may lose them. Not applying for these benefits because you are afraid your insurance rates will go up can be the most costly decision that you can make, if you are injured. If you are injured, you need medical treatment and if you try to use your private health insurance instead of the no fault/uninsured motorist benefits that are available from your car insurance company, it is likely that the health insurer will deny coverage for the bills when they realize that the injuries are from a car accident. This means that you will be stuck with the medical bills, and if your doctors are not paid, they will not treat you. So you will be stuck with the injury, without any benefits.
What if I Was in A Hit and Run Accident While in A Car that I Did Not Own
If you were driving a car that you did not own or were a passenger in a car that you did not own and you were hit by a car that fled the scene, then the insurance company for the car that you were in has to provide uninsured motorist benefits, including payment for your medical treatment, lost wages (no fault benefits), and compensation for personal injuries. If the owner of the vehicle is trying to avoid giving you the insurance information, our New York hit and run accident lawyers can get the police report online throught DMV, and determine from the police report, who the correct insurance company is.
What if I Was Injured in A Hit and Run Accident and I Don’t Own a Car or Have a Car in My Household
For hit and run accidents, where there is no other insurance, New York has set up a public fund that provided insurance benefits for medical treatment, lost wages and awards for pain and suffering up to Twenty Five Thousand Dollars ($25,000). These benefits correlate with New York’s basic minimum insurance limits for motor vehicles. The fund is called the motor vehicle accident indemnification corporation or MVAIC. The fund most often provides benefits to pedestrians involved in hit and run accidents, that do not own their own vehicles.
What Do I Have to Do to Get Uninsured Motorist Benefits- Are There Time Limits
In general a no fault application has to be submitted to get no fault benefits within 30 days of an accident. Our New York car accident lawyers will simultaneously file a claim for uninsured motorist benefits with the no fault application. Our Westchester and NYC hit and run lawyers, can prepare the no fault application and submit it the same day that you retain us. If you are beyond the 30 days, do not worry, the law requires that the insurance carrier accept claim, beyond 30 days, if there is a reasonable excuse for the delay. If the vehicle was not your vehicle, an investigation to identify the correct vehicle can serve as a reasonable excuse for the delay. In general it is better to get the paperwork in within thirty days, and not take the chance of a denial, so call our New York hit and run accident lawyers as soon as possible after an accident.
What Do I Have to Do to Get Uninsured Motorist Benefits
There are some special requirements for collecting uninsured motorist benefits. If you were injured in an accident where the drived fled the scene, you need an experienced New York personal injury lawyer because there are a number of steps you have to take to preserve your rights and you may lose your right to benefits, if you don’t act promptly. The first is the reported accident rule. To get uninsured motorist benefits, the accident must have been reported to the police within 24 hours of the accident. If the police responded to the scene, that is sufficient, if you called the police and an ambulance responded to the scene that is also sufficient. While the most common form of proof is an accident report, you can also prove that the accident was reported with cell phone records showing that you called 911, or a sprint report of a conversation with a 911 operator, even if the police did not respond to the scene.
Another requirement to get uninsured motorist benefits is the contact rule. If you were involved in a hit and run accident where the other vehicle fled the scene, you also have to demonstrate that there was contact between the other vehicle and your vehicle. If another vehicle came into your lane, and you swerved to avoid a collision and then hit a tree, barrier or other fixed object, then you are not entitled to uninsured motorist benefits, but your own insurance carrier still has to pay your medical bills. To prove contact with another vehicle, the insurance companies usually look at the description in the police report. If the description is vague, then you can prove contact with photographs showing that there was paint transfer, in other words, paint from the vehicle that hit you was left on your vehicle or impact damage. So it is important to take pictures of your vehicle, as soon as possible after a hit and run accident so you can prove that there was contact.
Meet with Our Hit and Run Accident Lawyers in Two Locations
Meet with Our NYC Hit and Run Accident Lawyers
18 West 33rd Street
Suite 400
New York, N.Y. 10001
Meet with Our White Plains Hit and Run Accident Lawyers
203 East Post Road
White Plains, N.Y. 10601
Tel: (914) 574-8330
Law Office of Michael H. Joseph, PLLC
The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over 25 years. Our attorneys are members of several prestigious organizations, including:
- New York State Trial Lawyers Association
- American Association for Justice
- New York County Bar Association
- Westchester County Bar Association
To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.