Were you injured in a hit and run incident? These sudden and traumatic events can leave victims with more than just physical injuries. They often result in medical expenses, emotional distress, and long-term uncertainty about your recovery and your rights.
But you don’t have to face this alone. An Elmont car accident lawyer can guide you through the legal process and help you pursue the compensation you deserve. Holding the at-fault party accountable can be confusing, but we’re here to support you every step of the way.
At Levine And Wiss, we are not afraid to litigate on your behalf as your hit and run accident lawyer in Elmont. We have more than 100 years of combined experience, and we’ve recovered hundreds of millions in compensation for thousands of clients just like you.
What Constitutes a Hit and Run in New York?
Under New York Vehicle and Traffic Law § 600, a hit and run occurs when a driver involved in a motor vehicle accident fails to stop and provide their name, address, insurance information, and driver’s license number. This requirement applies to any incident involving the following:
- Property damage
- Injury to another person
- Death
There are two key classifications for hit and run offenses in New York:
- Leaving the scene of a property damage accident: This is generally a traffic infraction, though it can still result in fines, points on a license, and possible license suspension.
- Leaving the scene of an accident involving injury or death: This can be classified as either a misdemeanor or felony, depending on the severity of the harm that was caused. Penalties may include fines up to $5,000 and imprisonment between one and seven years.
New York law does not require fault in order for the stop-and-report obligation to apply. Even if a driver believes they were not responsible, they are still required to remain at the scene, and your Elmont personal injury lawyer can advocate for you in situations like these.
No-Fault Insurance Coverage in New York
New York is a no-fault insurance state, which means that regardless of who caused the crash, injured drivers and passengers typically turn to their own insurance for initial medical and lost wage coverage. This is governed by the state’s Personal Injury Protection (PIP) system.
Under New York Insurance Law § 5102, no-fault benefits can cover the following:
- Up to $50,000 per person for medical expenses
- 80% of lost wages up to $2,000 per month for three years
- Reasonable transportation costs to medical appointments
- Up to $25 per day for household help or other out-of-pocket costs
No-fault insurance applies even in hit and run cases where the other driver cannot be identified. However, no-fault coverage is limited to economic damages.
Additionally, it does not allow compensation for pain and suffering unless the injured party meets the serious injury threshold outlined in § 5102(d).
On that note, these are examples of qualifying injuries:
- Significant disfigurement
- Bone fractures
- Permanent loss of a body organ, member, or function
- Significant limitation of a body system or function
- Injuries preventing normal activities for at least 90 out of the first 180 days
If the injury qualifies under this threshold, the victim may pursue a liability claim—if the at-fault driver is located—or an uninsured motorist claim, if not.
Elmont Hit and Run Accident Lawyer Near Me
(888) 468-4878Statute of Limitations for Hit and Run Injury Claims
Under New York Civil Practice Law and Rules § 214, the statute of limitations for many personal injury cases is three years from the date of the accident. However, several exceptions can alter this timeframe:
- Government entity involvement: A Notice of Claim must be filed within 90 days, and the lawsuit must begin within one year and 90 days.
- Cases involving minors: The statute is tolled until the individual turns 18 years old.
- Wrongful death claims: This must be filed within two years of the date of death.
Because hit and run cases often involve unique procedural requirements—such as deadlines for filing with MVAIC or notifying insurers—timing is of the essence. The sooner you contact an Elmont hit and run accident lawyer, the sooner your attorney can start working on your case.
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Call Our Elmont Hit and Run Accident Law Firm Today for Legal Advice and Representation
If you or someone you love was hurt after being the victim of a hit and run crash, you shouldn’t have to deal with the aftermath by yourself. While these accidents often cause a lot of confusion, frustration, and stress, Elmont hit and run accident lawyers can help.
When you reach out to the law firm of Levine And Wiss, our Elmont hit and run accident attorneys can stand up for you and fight for the justice you deserve. You may be entitled to compensation, and we’re here to help you pursue it.
Why wait to get the support you need? Contact our hit and run accident law firm in Elmont right away. As soon as you do, we can start working on your case and figuring out how to hold the responsible party accountable.