It may make sense to sue over a hit and run accident if the driver is found and there is sufficient evidence that the driver caused your injuries and losses.
When the driver remains unknown, New York law provides other possible ways to seek payment, including personal injury protection (PIP) and uninsured motorist coverage. Levine And Wiss will look into the accident, address questions from the insurer, and determine which path may apply to your situation.
Our Westbury hit-and-run accident lawyers will also respond when an insurance company investigates the damages claim, asks for records, questions how the crash happened, or disputes the extent of the injuries.
You May Have a Claim Even if the Hit and Run Driver Is Never Found
A hit-and-run case does not necessarily end because the other driver disappeared. Levine And Wiss will investigate whether the driver can be identified and check for insurance coverage that may apply if the search does not lead to that person.
In addition to no-fault (PIP) coverage, New York auto policies include uninsured motorist coverage for bodily injuries caused by uninsured and hit-and-run drivers. This coverage may protect the policyholder, family members who live in the household, and people riding in the insured vehicle.
If you do not have an auto policy, coverage through a relative who lives in your household may apply. When no such policy is available, an injured person may qualify to seek benefits through the Motor Vehicle Accident Indemnification Corporation (MVAIC).
What Happens if the Police Find the Driver?
Finding the driver can open another path for recovering damages. Levine And Wiss will look into who owned and operated the vehicle, whether insurance was in effect, and what evidence connects that person to the collision.
The driver’s insurance may become a source of recovery if that person caused the accident. If the injuries meet New York’s legal requirements, a claim may seek damages that are not covered by no-fault insurance.
New York limits when someone injured in a car accident may seek damages for pain and suffering. A fracture, significant disfigurement, or certain lasting or serious physical limitations may meet the state’s “serious injury” standard.
Report a New York Hit and Run Accident Quickly
Telling police about an accident with a fleeing driver matters in a hit-and-run case. Levine And Wiss will review what has already been reported and identify insurance notices that still need to be made.
New York’s uninsured motorist rules contain special requirements for hit-and-run accidents. The standard language calls for the crash to be reported to the police or another proper authority within 24 hours or as soon as reasonably possible.
You Generally Have 30 Days to Give Notice of a No-Fault Claim
There are separate deadlines for no-fault benefits. New York’s Department of Financial Services states that written notice of a no-fault claim generally must be submitted no more than 30 days after the accident unless there is clear and reasonable justification for filing late.
These short deadlines are one reason to address insurance issues soon after the crash rather than waiting to see whether the other driver turns up.
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We Will Work to Identify the Driver Who Hit You
Even a small detail about the fleeing vehicle may help with the search. Levine And Wiss has in-house investigators who can review available evidence, such as traffic or security video, witness accounts, police records, photographs, and license plate information.
Our Westbury car accident lawyers will investigate to determine whether there is a claim against the driver or if your recovery may need to come from another available source.
What to Expect When Negotiating a Hit-and-Run Settlement
An insurance company will review the facts before deciding what it believes the claim is worth. Levine And Wiss will handle conversations and other communications with the insurer and provide evidence that supports the injuries and other losses caused by the crash.
The insurer may review medical records, wage information, photographs, witness statements, and other details about the accident. It may also ask questions about how the crash happened and whether the available insurance covers the claim.
A settlement offer may come after the insurer completes its review, but you do not have to accept it. Levine And Wiss can evaluate the offer for you and respond to the insurer’s position. We will negotiate for an amount that reflects the evidence and the losses you or your loved one suffered.
New York Generally Gives You Three Years to Sue for Damages
A legal deadline may apply to your case even when an insurance claim is still being discussed.
Under NY CPLR § 214(5), an action to recover damages for personal injury generally has a three-year statute of limitations. However, that does not mean every deadline in a hit-and-run case is three years.
At Levine And Wiss, we will review the type of claim being pursued and determine any shorter notice requirements that may apply.
MVAIC Claims Have Separate Deadlines
Claims involving MVAIC also have their own procedures and time limits. For example, New York Insurance Law § 5208 generally requires a qualifying hit and run accident to be reported within 24 hours and a claim affidavit to be filed with MVAIC within 90 days, subject to exceptions stated in the law.
Talk With Levine And Wiss About Suing After a Hit and Run Crash
The answer to “Should I sue over a hit and run?” starts with reviewing the facts of the crash and the available insurance coverage. You may have more than one option after a driver hits you and leaves the scene.
Levine And Wiss can determine whether the driver can be identified, review the insurance policies available, and explain whether a lawsuit or another course makes sense. Our team includes experienced attorneys, in-house investigators, paralegals, and dedicated staff working under partner supervision.
Clients can communicate directly with their lawyers, including by text, and our firm is available 24/7. We offer office, hospital, Zoom, and traveling consultations when needed. We have served thousands of people and recovered hundreds of millions of dollars for clients. Call us today for a free consultation.
