Law for hit and run accidents
If you've experienced a hit and run car accident in New York and sustained injuries, it's important to understand your rights and options. Hit and run accidents can complicate the situation for victims seeking compensation. There are essential steps to take immediately after an incident, and there are legal options available.
What Is Considered a Hit and Run Accident in New York?
A hit and run accident in New York occurs when a driver involved in a collision fails to stop and provide their contact information and flees the scene of the accident. This can involve accidents with other vehicles, pedestrians, or property. Hit and run laws in New York mandate drivers must stop at the scene of an accident, exchange information with the other parties involved, and assist anyone injured. Failing to do so can result in severe legal penalties, including fines, license suspension, and potential criminal charges, depending on the circumstances of the accident and whether there were injuries or property damage.
What Should You Do Immediately After a Hit and Run Accident?
Here’s what to do in a hit and run accident. Take prompt action to ensure your safety and protect your interests. Check yourself and any passengers for injuries; if there are injuries, call emergency services immediately. If it’s safe, move your vehicle to a secure location to avoid blocking traffic or causing further accidents. Take photos of your vehicle and damages, as well as the surrounding area. Note the time, location, and any details you remember about the other vehicle, like its make, model, color, or license plate number. If there are witnesses, ask for their contact information. Report a hit and run accident to the police as soon as possible, providing them with the details you’ve gathered, and inform your insurance company to start the claims process.
How Do You File a Police Report After a Hit and Run Accident in New York?
To file a police report after a hit and run accident in New York, follow these steps:
Ensure Safety: First, make sure you and any passengers are safe. Move to a secure location if necessary.
Call the Police: Dial 911 to report the accident. Provide the dispatcher with your location, the nature of the accident, and any injuries.
Wait for Law Enforcement: Stay at the scene until the police arrive.
Provide Information: When the police arrive, explain the situation clearly. Provide them with the details you collected, including information about the other vehicle (if available) and any witness accounts.
Get a Copy of the Report: After the police complete their investigation, request a copy of the police report. This document is essential for your insurance claim and any potential legal actions.
Follow Up: Follow up with the police department to ensure the report is filed correctly.
When you report a hit and run in NYC and promptly file a police report, you document the incident, which is important for any insurance claims or legal actions that follow.
How to Gather Evidence for a Hit and Run Accident Claim
To support your hit and run accident claim, gather evidence by documenting the scene with photos of your vehicle, damage, and surroundings from various angles. Record witness information and your recollections of the event, including details about the other vehicle. Ensure a police report is filed and get a copy. Collect medical records if injured, along with insurance information and repair receipts. Keeping a journal of how the accident impacts your daily life can help assess non-economic damages. Thorough evidence collection enhances your chances of receiving fair compensation.
Can You File an Insurance Claim After a Hit and Run in New York?
Yes, you can file an insurance claim after a hit and run accident in New York. If you have uninsured motorist coverage, this protects you. New York hit and run laws require your insurance policy to include coverage for hit and run incidents. Your insurance company will guide you through the claims process and determine the coverage applicable to your situation.
How Long Do You Have to File a Claim After a Hit and Run in New York?
In New York, you have three years from the date of the hit and run accident to file a personal injury claim. This time frame is dictated by the statute of limitations for a hit and run in New York for personal injury cases. If you intend to file a claim for property damage, the same three-year period applies. However, if you’re pursuing a claim under your insurance policy, notify your insurance company as soon as possible, because they have specific timelines for reporting accidents and filing claims. Failing to file within the allotted time may result in losing your right to seek compensation for your injuries or damages, so take action promptly.
What Are Your Legal Options After a Hit and Run Accident?
After a hit and run accident in New York, you have legal options to pursue compensation for your injuries and damages. You can file a claim with your insurance company if you have uninsured motorist coverage, which provides benefits when the at-fault driver cannot be identified. This covers medical expenses, lost wages, and property damage.
You can file a police report, documenting the incident which may identify the responsible party. If the driver is found, you can pursue a personal injury claim against them for damages.
Consulting with a New York hit and run accident lawyer is beneficial. An experienced personal injury attorney can guide you through the claims process, negotiate with insurance companies, and file a lawsuit, so you receive the compensation you deserve.
What Are the Penalties for a Hit and Run Driver in New York?
In New York, penalties for hit and run drivers depend on the accident's circumstances and severity. Minor accidents resulting in property damage may lead to misdemeanor charges, with fines up to $1,000, up to a year in jail, and points on the driver’s license. Leaving the scene of an accident with injuries is a Class E felony, carrying a potential four-year prison sentence. If a fatality occurs, the charge may escalate to a Class D felony, with up to seven years in prison. The New York DMV may impose administrative penalties, including license suspension or revocation, underscoring the importance of remaining at the scene.
Can You Still Get Compensation If the Driver Is Never Found?
In New York City, if you're involved in a hit and run accident and the responsible driver is never found, you can still seek compensation through your insurance, if you have uninsured motorist coverage. This coverage protects if there is an unidentified driver. Promptly reporting the hit and run to the police is important. Consulting a personal injury attorney can guide you through the claims process, increasing your chances of receiving compensation despite the driver's absence.
How to Find a Personal Injury Lawyer for Hit and Run Cases in New York
To find a hit and run accident attorney in New York City, contact us at Curan & Ahlers for a complimentary consultation. Our lawyers specialize in hit and run accident cases. We fight for your rights with insurance companies and can litigate your case in court if needed. We don’t charge any fees until we win your case and we fight for maximum compensation for your injuries, pain and suffering, medical expenses, and lost wages. We’ve won millions of dollars in compensation for our clients. Call us today to review your case.
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