Being involved in a car accident is a traumatic experience under any circumstances, but when the other driver flees the scene, victims are often left feeling helpless, confused, and unsure of where to turn. Hit-and-run accidents are unfortunately common in New York, and frequently involve drivers who are uninsured, unlicensed, or otherwise attempting to evade legal accountability. What many victims do not realize is that fleeing the scene of an accident is a serious criminal offense, and that meaningful legal options remain available even when the at-fault driver is never identified.
If you or a loved one has been injured in a hit-and-run accident, the steps you take in the immediate aftermath can have a significant impact on both your health and your ability to recover compensation. Below, we address the most important questions our clients ask when facing this difficult situation.
What Should I Do Immediately After a Hit-And-Run Accident?
The moments immediately following an accident are critical. Acting quickly and deliberately can protect your physical well-being and preserve the evidence necessary to support a future claim.
- Prioritize your safety. If your vehicle is obstructing traffic and you are physically capable of moving it, do so. If you have sustained serious injuries, remain as still as possible and wait for emergency responders.
- Contact 911 without delay. When speaking with the dispatcher, make clear that the other driver has fled the scene. This ensures that a police report is initiated promptly, a document that will be essential to any subsequent legal or insurance claim. Request emergency medical assistance if needed, regardless of whether your injuries appear severe. Many serious injuries, including concussions and internal trauma, may not present immediate symptoms.
- Document everything you can recall about the fleeing vehicle, including the make, model, and color, any portion of the license plate number, the direction of travel after leaving the scene, and any distinguishing features of the vehicle or driver.
- Speak with witnesses. If bystanders observed the accident, obtain their names and contact information before they leave the scene. Do not assume that the police will gather this information as they are often focused on other issues, like traffic. Eyewitness accounts can be invaluable during the claims process.
- Photograph the scene thoroughly. If you are able, document your injuries, vehicle damage, road conditions, traffic signage, and any skid marks or debris. The more comprehensive your documentation, the stronger your potential claim.
How Do I Protect My Legal Rights After the Accident?
Once the immediate emergency has been addressed, your focus should shift to protecting your legal interests and building a thorough record of the incident and its consequences.
Seek medical attention promptly and follow your treatment plan. A timely medical evaluation creates an official record linking your injuries to the accident, a connection that insurance companies will otherwise attempt to dispute. Follow all instructions from your healthcare providers and attend every follow-up appointment.
Notify your insurance carrier. Under New York’s no-fault insurance system, your own policy will generally cover medical expenses and lost wages regardless of who caused the accident, including in hit-and-run cases. You may also have additional recourse through your uninsured motorist coverage, which is specifically designed for situations where the at-fault driver cannot be identified or is uninsured.
Maintain detailed records, including all medical bills, treatment records, and diagnostic reports, vehicle repair estimates and receipts, lost wage documentation from your employer, and all written correspondence with insurance companies.
Exercise caution in your communications. Avoid making statements about fault, whether to insurance adjusters, on social media, or elsewhere, without first consulting an attorney. Even well-intentioned comments can be used to minimize or deny your claim.
Can I Recover Compensation if the Driver is Never Found?
This is one of the most common concerns we hear from hit-and-run victims, and the answer may be more encouraging than you might expect.
Even when the at-fault driver is never identified, you may still have a realistic path to compensation. Uninsured motorist coverage exists precisely for this scenario, allowing injured victims to seek recovery through their own insurance policy when the responsible party is unavailable or uninsured. Depending on the specifics of your policy and the circumstances of the accident, this coverage may provide compensation for medical expenses, lost wages and pain and suffering.
If you do not own a vehicle or carry your own auto insurance policy, you still may have access to uninsured motorist coverage. Under New York law, if you share a household with another individual who carries auto insurance, you may be entitled to seek coverage under that policy. This is true even if you were not in that vehicle at the time of the accident. Whether that coverage applies can be complex and will depend in part on how your co-resident’s policy defines household membership. This is one of many reasons why a thorough review of all available insurance coverage by an experienced attorney is so valuable following a hit-and-run accident.
For those who do not have their own auto insurance policy and are not a resident of a household with applicable coverage, there may still be an option available. New York’s Motor Vehicle Accident Indemnification Corporation, known as MVAIC, is a state-established fund designed to compensate victims of hit-and-run accidents who have no other source of insurance coverage. To be eligible, you must qualify as a “covered person” under the MVAIC guidelines. There are also specific notice and filing requirements that must be met within strict deadlines. Missing those deadlines can jeopardize your ability to recover anything at all.
The claims process in these situations can be complex, and insurance companies do not always act in the best interests of injured claimants. Having an experienced personal injury attorney in your corner can make a substantial difference in the outcome of your case.
Contact Our New York Personal Injury Attorneys Today
For over 75 years, the attorneys at Lacy Katzen, LLP have been fighting for individuals injured through the negligence of others. We understand the physical, emotional, and financial toll that a hit-and-run accident can take on victims and their families. We are committed to pursuing every available avenue of recovery on your behalf.
If you have been injured in a hit-and-run accident, we encourage you to contact our office today for a free, confidential consultation. You pay nothing unless we recover for you.
