In the immediate aftermath of being struck by a hit-and-run driver, once you are treated for your injuries, you will likely wonder who will pay your medical bills, lost income and pain and suffering if the hit-and-run driver is never caught. They’re good questions, and you do have collection options even if the guilty driver remains unidentified
1. Legal Options Available to Injured Hit-and-Run Victims
In the immediate aftermath of being struck by a hit-and-run driver, once you are treated for your
injuries, you will likely wonder who will pay your medical bills, lost income and pain and suffering if the
hit-and-run driver is never caught. They’re good questions, and you do have collection options even if
the guilty driver remains unidentified
2. Why People Flee an Accident Scene
The driver was drinking or impaired by drugs.
The driver had no driver’s license and/or no liability insurance.
The driver was in a stolen vehicle.
The driver hit a motorcyclist, pedestrian or bicyclist and knew they would not be pursued.
Drivers may fear being arrested for outstanding warrants if they remain at the scene.
Driver is overcome by the natural “fight or flight” response all humans have to shocking
events.
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3. Hit-and-Run Statistics
During a five-year period (2013-2017), the
number of hit-and-runs in New York City
increased 26 percent: from around 36,000 in
2013 to 46,000 in 2017, according to the NYPD.
More than 5,000 2017 hit-and-runs involved
injury, a 14 percent increase since 2013. At least
one person was killed in a hit-and-run every
week in 2017, according to the New York City
Council. But in 2017, NYPD arrested only nine
percent of hit-and-run drivers who injured
someone.
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4. Types of Injuries People Suffer From
a Hit-and-Run Accident
Though any collision with a vehicle can produce a variety of injuries, the more
prevalent ones can include:
Vehicle accident – broken bones, internal injuries, soft-tissue neck or back injuries
(whiplash)
Motorcycle/bicycle accident – concussion, traumatic brain injury (TBI), broken bones,
road rash
Pedestrian – concussion/TBI, broken bones, internal injuries
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5. Getting Compensation After
a Hit-and-Run Accident
Not having a defendant (vehicle driver) makes
collecting damages a challenge. If you do not
drive and have no insurance, New York’s no-fault
insurance program can reimburse you for your
medical expenses and some other costs. If you
were a pedestrian, you may also be able to
collect medical reimbursement damages and
pain and suffering by filing a claim with the New
York State Motor Vehicle Accident
Indemnification Corporation (MVAIC).
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6. Compensation if You Have
Vehicle Insurance
New York requires all drivers to carry personal injury protection (PIP
coverage) of $50,000. So you would file a claim with your auto insurer to
cover economic losses related to the accident (your medical bills and lost
wages, but not pain and suffering).
This compensation is available no matter who caused your accident. If the
driver is later identified but has no insurance, your Uninsured
Motorist/Underinsured Motorist Coverage (UM/UIM) can also offer
compensation to the limits of your policy.
CONTACT US AT: 516.399.2364
7. When the Driver is Later Identified
If the police find and arrest the driver who hit you,
and if he or she is insured, you can file a liability
claim against his or her liability insurer to recover
compensation. New York allows injured drivers to
file a claim against at-fault drivers for non-
economic damages such as pain and suffering,
any economic losses incurred that exceed your
policy’s $50,000 PIP coverage, or for any other
damages not covered by your PIP. But if you file
a liability claim, you must prove the hit-and-run
driver was negligent and at fault in causing the
accident.
CONTACT US AT: 516.399.2364
8. Hit-and-Run Investigations
Since leaving the scene of an accident is a crime, NYPD will investigate the
accident and likely establish that the driver was at fault. If the driver is
arrested and tried, a guilty verdict certainly strengthens your case. But
having a seasoned hit-and-run liability attorney investigate your accident can
strengthen any claims you make for damages. Criminal investigations deal
only with who is at fault. Your lawyer’s private investigation can uncover
video footage of the accident, obtain witness statements and preserve
forensic evidence for your civil damage claim.
CONTACT US AT: 516.399.2364
9. A Couple of Hit-and-Run Myths
Many feel that if they are injured in a hit-and-
run accident they’re out of luck. As you now
know, that is not necessarily the case
If the driver didn’t hit you, but ran you off the
road and you were injured, a “no-contact” rule
applies. This means that a hit-and-run driver
doesn’t have to actually hit your car for you to
pursue a claim if it caused your injury
accident.
CONTACT US AT: 516.399.2364
10. Three Reasons Why a Hit-and-Run
Injury Attorney Can Help You
Critical evidence may be time sensitive – especially if it’s video evidence. Private
security cameras tend to re-use the same tapes, so it could be only a few days before
yours gets “rolled over.”
The sooner you hire an injury lawyer (who works on contingency), the quicker you might
secure compensation for your damages, regardless of the source.
Insurance adjusters are not your friend. They work in an industry that relies on taking
in premiums and paying out as little as possible in claims.
CONTACT US AT: 516.399.2364
11. Kaplan Lawyers PC, Seasoned
Hit-and-Run Lawyers
The legal team at Kaplan Lawyers PC has
decades of experience and a proven track record
of helping people who have been injured in hit-
and-run accidents. Our experienced attorneys
will investigate your accident, work with NYPD to
get you justice, complete all filings to protect your
rights and ensure that you will receive the
compensation you deserve. Contact the office
nearest you today by telephone, or fill out the
contact form to arrange your free case review.
CONTACT US AT: 516.399.2364