Any car accident is stressful, especially if you have been injured. If the at-fault driver flees the scene, it adds another layer of hardship to a situation you aren’t sure how to deal with. When the negligent motorist is unknown, you are left shouldering the cost on your own.
Even though a hit-and-run case is more complicated than a standard accident claim, you still have options. Our hit-and-run accident lawyers in Massapequa can help you pursue the money you need to cover your damages and begin healing, even if the other driver is never found.
Levine And Wiss has recovered hundreds of millions of dollars in awards and settlements for injured accident victims in the state of New York. Call today to set up your free consultation and find out how our Massapequa car accident lawyers can help with your hit-and-run case.
What is a Hit-and-Run in New York?
New York law requires every driver involved in a crash to stop, provide their name and insurance information, and render reasonable assistance to anyone who is injured. Leaving the scene without doing so is a criminal offense under New York Vehicle and Traffic Law.
A hit-and-run does not have to be a major crash. In New York, even a minor fender-bender that results in property damage triggers the legal duty to stop. However, leaving the scene of an accident can rise to a felony if it results in serious physical injury or death.
As the victim, the driver’s decision to flee puts you in a difficult position. You can’t file a claim with a driver you cannot identify. Our Massapequa personal injury lawyers can help you understand what options are available to you under New York law.
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How Does No-Fault Insurance Work in New York?
After most car accidents, your own insurance company pays for your initial medical expenses and a portion of your lost wages, no matter who caused the crash. This is called No-Fault insurance, and it is handled through the Personal Injury Protection part of your insurance policy.
In a hit-and-run case, your Personal Injury Protection coverage still applies. You do not need to identify the other driver to access your No-Fault benefits. Your own insurer is required to cover your medical treatment and up to 80% of your lost earnings, depending on your policy.
No-Fault coverage has limits, though. It does not cover pain and suffering, and it caps lost wage reimbursement. To recover those additional damages, you must meet New York’s serious injury threshold. Our hit-and-run accident attorneys in Massapequa can help you qualify.
Massapequa Hit and Run Accident Lawyer Near Me
(888) 468-4878How Can Uninsured Motorist Coverage Help?
When the at-fault driver cannot be identified, Uninsured Motorist (UM) coverage becomes one of your most important tools. In New York, insurers are required by law to include Uninsured Motorist coverage in every auto policy. In many states, this coverage is optional.
In a hit-and-run case, your UM coverage can help pay for damages that fall outside your No-Fault benefits. New York law requires that there be physical contact between your vehicle and the unidentified vehicle to file a UM claim.
If physical contact occurred, your UM policy can be a significant source of recovery. The amount available depends on your policy limits. Our Massapequa hit-and-run accident lawyers can help you understand the limits of your coverage and how to get compensation after a car accident.
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How Long Do You Have to File a Claim in New York?
New York CPLR § 214 allows car crash victims three years from the date of the accident to file a lawsuit. Missing that deadline generally means losing your ability to pursue legal action, no matter how strong your case is.
For No-Fault claims, you must file a Notice of Claim with your insurer within 30 days of the crash. The insurer will have specific reporting requirements for an Uninsured Motorist (UM) claim. Delaying the reporting of the accident or the submission of paperwork can put your recovery at risk.
What if the Driver is Identified Later?
Law enforcement sometimes identifies a hit-and-run driver days, weeks, or even months after the crash. When that happens, you may be able to file a claim directly against that driver and their insurance company, in addition to any no-fault or UM benefits you have already pursued.
In New York, a driver who flees the scene of an accident causing injury may face felony charges. The criminal case and your civil case are separate proceedings, but evidence gathered during the criminal investigation can support your personal injury claim.
Talk to Our Hit-and-Run Accident Attorneys in Massapequa
A hit-and-run crash puts you in one of the most frustrating positions an accident victim can face. You are hurt, you may be out of work, and the person responsible chose to leave rather than face accountability.
New York’s No-Fault system provides some immediate relief, but it does not cover everything you may be entitled to. Our hit-and-run accident attorneys in Massapequa can help you understand what to do in a hit-and-run accident and build the strongest possible claim.
Our team at Levine And Wiss has more than 100 years of combined legal experience standing up for people who have been hurt due to no fault of their own. Call today to schedule your free consultation and tell us about your hit-and-run accident.
