Bronx Hit and Run Car Accident Lawyer

What Do You Need To Do If You Were Hurt by a Hit and Run Driver?

Hit and run accidents are more common than they should be. There are many reasons that drivers leave the scene of an accident. Sometimes the driver who negligently causes an accident just gets too nervous to stay. Other times a driver can be driving drunk, driving a stolen vehicle, or using a friend or family member’s car without permission. Regardless of the reason however, leaving the scene of an accident that causes injuries is a crime.

There are several things you should do if you are involved in a car accident with a driver who leaves the scene. The single most important thing to do is: get the license plate number of the fleeing vehicle. While it is always best to get as much information as possible, without a license plate number, the fact that the car is green, blue, 2 door or 4 door is useless.

So, take out your phone and take a picture of the license plate; scribble the license plate number on a piece of paper; or try your best to remember the license plate number, writing it down as soon as you can. If you have the plate number, a quick search of the Department of Motor Vehicles records will disclose the registered owner of the vehicle.

Should the Police Be Notified?

It is also important to notify the police of the accident. The police will complete an accident report which will contain important details like the date, time and location of the crash. In addition, you should also look to see if there are any surveillance cameras in the area. These cameras can be traffic cameras, a local store’s security cameras, or another driver’s dashboard camera.

Is a Hit and Run a Crime?

In New York, leaving the scene of an accident isn’t just a lapse in judgment—it’s a serious criminal offense. Under New York Vehicle and Traffic Law § 600, any driver involved in a collision is legally required to stop and exchange information with the other party or report the incident to the police if property is damaged or someone is injured. If you drive away without fulfilling these obligations, you are committing a “Hit and Run,” which can be classified as either a misdemeanor or a felony depending on the severity of the damage or injuries involved.

The legal consequences of a hit and run in NY are immediate and heavy. If the accident involves only property damage, it is typically treated as a Class B misdemeanor, punishable by fines and potential jail time. However, if the accident results in personal injury or death, the charge escalates to a Class E or Class D felony. Beyond the threat of prison, a conviction can lead to a mandatory driver’s license revocation, massive insurance hikes, and a permanent criminal record that can haunt your employment prospects for years to come.

What If You Cannot Identify the Hit and Run Driver?

Sometimes, it is just impossible to get any information about the hit and run vehicle or driver. Fortunately, every motor vehicle insurance policy has a provision that protects an insured for accidents involving a hit and run or uninsured driver, called uninsured motorist protection. As a result, if you are involved in an accident with a hit and run driver, or an uninsured driver, you have the right to make a claim against your own insurance policy.

This claim is made in addition to a No-Fault claim, and provides coverage for the pain and suffering part of your case. The policy limits of your uninsured motorist protection depends on the amount of insurance you purchased. Although New York State permits insurance coverage to be as low as $25,000 – you are permitted, and should, purchase much higher policy limits.

What Filings Are Necessary If You Are Involved In a Hit and Run Accident?

You must file the claim with your own insurance company within 90 days of the loss to be eligible to make an uninsured motorist claim. In addition, your insurance company may request that you testify about the accident and your injuries in a proceeding called an examination under oath. You may also be required to be examined by a doctor hired by your insurance company.

At times, it may be necessary to file a claim against New York’s Motor Vehicle Accident and Indemnification Corporation. This entity covers uninsured accidents, provided that you have no other coverage that can cover the loss.

To make a hit and run or uninsured motorist claim, you must prove that the other driver caused the accident, and that your injury is a qualifying injury. Further, the insurance company does have the right claim that you were comparatively at fault for the accident, which can reduce the amount of your award. Finally, if the insurance company refuses to settle your case, your case can be submitted to binding arbitration, a process where a judge decides whether you are entitled to a recovery. You are not entitled to a jury trial in this type of a claim.