Your world can be turned upside down if you have been injured in a car accident. Lost work time, medical bills, and repair costs all add up quickly.
When the at-fault driver cannot be located, your own insurance usually pays. New York State no-fault coverage pays up to $50,000 per person in basic economic loss under Insurance Law Section 5102, and the uninsured motorist protection built into every New York auto policy under Insurance Law Section 3420 can cover pain and suffering caused by an unidentified driver. If nobody in your household has auto insurance, the Motor Vehicle Accident Indemnification Corporation may step in. Reporting the crash to police within 24 hours protects these claims.
What Is The NY Law Regarding Hit and Run Drivers?
At the very least, drivers involved in a car accident must stop, provide their name, full residential address, and insurance information to all other drivers involved in the crash. Obligations will increase if property damage is valued at over $1,000 or someone is injured. Failure to remain at the scene and meet these obligations can result in penalties ranging from fines and points right up to license revocation, jail time, and a criminal record.
Why Do Drivers Flee Accident Scenes?
Despite the fact that fleeing from a crash scene is illegal and comes with serious penalties, hit and run accidents happen every single day on New York roads. While in the case of a very minor accident a driver may not be aware that they made contact with another vehicle, drivers who run from a crash scene are sometimes guilty of more than poor driving. Hit and run drivers may fail to remain at the site of the crash because they are intoxicated, have no license and/or insurance, are driving a stolen vehicle, or already have a number of infractions on their driving record.
Simply put, hit and run drivers sometimes flee from the scene because they either don't realize the consequences or think they won't get caught. No matter why they have fled the scene, you still need to protect your rights by acting quickly and consulting with an experienced New York accident attorney as soon as possible.
Who Pays For Hit and Run Injuries?
New York is one of a handful of no-fault auto insurance states - that means hit and run accident victims can still receive compensation for lost wages, medical bills, and other specific costs, even if the other driver has left the scene and cannot be located. The applicable no-fault insurance carrier may be able to pay for these basic economic losses regardless of whether the at-fault driver can be located.
What's Covered Under Personal Injury Protection?
Personal Injury Protection, or “PIP” coverage, in New York State provides up to $50,000 in benefits for medical costs and lost wages. PIP does not cover claims for pain and suffering. If you want to make a claim for pain and suffering resulting from injuries caused by a hit-and-run driver, you will need to make an uninsured motorist (“UM”) or supplementary underinsured motorist (“SUM”) claim through the applicable insurance company. An attorney can help you identify the applicable insurance company. For an unidentified vehicle that leaves the scene, Insurance Law Section 3420 generally requires physical contact between that vehicle and you or the vehicle you occupied for an uninsured motorist claim to apply, and the notice deadlines can be short.
If the driver is later identified but has no coverage, the process looks much the same. Read what happens if you are injured by an uninsured driver in Buffalo.
What If No One in Your Household Has Auto Insurance?
New York created the Motor Vehicle Accident Indemnification Corporation, known as MVAIC, in 1958 under Insurance Law Article 52 to protect people injured by hit and run or uninsured drivers when no household policy applies. Qualified people can seek no-fault benefits and bodily injury compensation through MVAIC, and a timely police report is a key requirement.
Report The Crash Within 24 Hours
If you were injured by a hit-and-run driver, an accident report must be filed with the police within 24 hours. Failure to report your hit and run crash within 24 hours, or as soon as it is reasonably possible to do so, could cause you difficulties in the future.
See A Doctor Right Away
After a crash, it is important to seek medical treatment, even if you think your injuries are not severe. Some injuries take time to become apparent, and having a clear medical record following a car crash may help your case.
Hit and Run Accident FAQ
Who pays for my injuries if the hit and run driver is never found?
Your own no-fault coverage pays up to $50,000 per person in basic economic loss for medical bills and lost earnings, and an uninsured motorist claim under Insurance Law Section 3420 can compensate for pain and suffering. When no household coverage exists, MVAIC may provide benefits.
How long do I have to report a hit and run in New York?
Report the crash to police within 24 hours, or as soon as reasonably possible. A prompt report is required for uninsured motorist and MVAIC claims and helps document what happened.
What is MVAIC and who qualifies?
MVAIC is the Motor Vehicle Accident Indemnification Corporation, created under New York Insurance Law Article 52. It serves New York residents injured by hit and run or uninsured vehicles who have no other applicable auto insurance in their household.
Can I recover pain and suffering after a hit and run?
Yes, through an uninsured motorist claim, if your injuries meet New York's serious injury threshold under Insurance Law Section 5102(d), which includes fractures, significant disfigurement, and significant limitations of a body function or system.
Contact An Experienced Car Accident Lawyer
Before you start negotiating with your insurance company you may want to consult with an experienced car accident lawyer who knows the law and will work to protect your rights. At William Mattar Accident Lawyers, we are here to help you deal with the stress and costs that come with being a victim of a hit-and-run driver. Call us today at 844-444-4444. We areavailable 24/7. William Mattar Accident Lawyers helps hit and run victims across New York State, with locations serving Buffalo, Rochester, Syracuse, Albany, and Long Island.
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