What Are My Legal Rights After a Hit-and-Run Accident in Westchester County?

Can You Be Compensated After a Hit-and-Run Driver Injures You?

New York requires drivers to stop if they collide with another vehicle, a bicycle, a pedestrian, or cause any other accident. Some drivers, however, don’t obey that law. In Westchester County, if a hit-and-run driver injures you, arrange to consult a Yonkers hit-and-run injury attorney.

In 2022, more than 9,000 drivers were charged with running from the scene of an accident in New York State. Suffolk County reported the largest number of hit-and-run incidents that year – 879 – followed by Westchester County, where 784 drivers were charged with leaving the scene.

New York is a no-fault state for automobile insurance, and personal injury protection (PIP) insurance is mandatory, so you don’t have to prove fault in a car accident to qualify for a settlement from your insurance company. However, if you are injured by a hit-and-run driver, you may need an attorney’s help for a number of reasons.

What Should You Know About Hit-and-Run Accidents?

A hit-and-run collision occurs when one motorist fails to stop and instead flees from the accident scene. The injured victims are left with none of the information they may need to take legal action against that driver.

If you’re injured this way, a no-fault payout from your own car insurance company will probably be limited to $50,000 for your medical expenses and additional damages. However, if you are seriously or catastrophically injured, your losses and damages could easily exceed $50,000.

After most accidents, if you file a personal injury lawsuit against the at-fault driver, you’ll give up the payout from your own insurance company to pursue the maximum available amount of compensation. But what can you do if the at-fault driver fled the scene and cannot be identified?

Why Does a Driver Flee the Scene of an Accident?

While some drivers run from an accident scene out of simple anxiety or fear, most of the drivers who flee from the scene of an accident are committing crimes, and that’s why they flee. A hit-and-run driver may be:

1. carrying unlawful drugs or weapons
2. driving a stolen vehicle
3. driving under the influence
4. the subject of an arrest warrant
5. driving with no auto insurance

Whenever a traffic accident happens, it could become a hit-and-run accident. After any collision, immediately jot down the other vehicle’s description and license plate number. Until the police are on the scene, the other driver may try to run.

When Should You Contact an Injury Attorney?

Contact a Yonkers hit-and-run injury lawyer as soon as you have been examined and treated for your injury. Even if your damages in a hit-and-run accident are less than $50,000, you may need to have an attorney negotiate with your insurance company for your payout.

If you’re severely injured, and if your damages surpass $50,000, you’ll need legal guidance from an attorney who has ample experience handling hit-and-run cases. Your attorney will discuss your rights, explain the legal process, and advise you regarding your best course of legal action.

How Do the Courts Penalize Hit-and-Run Drivers?

In the State of New York, hit-and-run is charged as a traffic violation or a misdemeanor unless someone is seriously injured. When a hit-and-run motorist severely injures or kills someone, hit-and-run is a felony:

1. If a hit-and-run driver injures someone seriously, that motorist will face a Class E felony charge. Upon conviction, the driver may be fined up to $1,000 and sent to prison for up to four years.
2. Hit-and-run drivers who cause fatalities are charged with a Class D felony. If convicted, they may be fined up to $5,000 and ordered to prison for up to seven years.

If You’re Injured, What Steps Should You Take?

If you are involved in an accident and the at-fault driver runs, write down immediately anything you remember: the vehicle’s color, model, make, and/or license plate number. If there are witnesses, ask for their names and contact details. Someone may have spotted the driver fleeing.

It may take several days or weeks to identify, locate, and charge a hit-and-run driver. When the driver is identified, your Yonkers hit-and-run injury attorney will proceed to file a personal injury claim against that driver’s insurance company and negotiate for the payout you need.

What if the At-Fault Driver is Never Identified?

If the driver who injured you in a hit-and-run accident is never identified or located by the police, your own PIP coverage is your first option. If your damages surpass your PIP coverage limits, you must discuss your options for compensation with your Yonkers hit-and-run injury lawyer.

Your lawyer can determine if you’re qualified to file a claim with New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC), but you have only ninety days after the accident to file an MVAIC claim, and you’ll need to explore other options with your attorney because MVAIC denies most claims.

Once you have exhausted your no-fault insurance coverage, your health insurance policy will probably cover a portion of your medical expenses after a hit-and-run collision. However, private health insurance policies, as well as Medicare and Medicaid, have their own coverage limits.

Take Your Case to The Law Offices of Joseph A. Marra

For over thirty-five years, the legal team at The Law Offices of Joseph A. Marra has advised and represented the injured victims of negligence in Westchester County without the expense associated with White Plains or Manhattan law firms.

We answer the telephone twenty-four hours a day, respond to our clients’ needs, and provide extraordinary client service. We will work persistently to safeguard your rights and win the compensation you need. If necessary, we will represent you aggressively and effectively in court.

Personal injury cases are never easy, and cases arising from hit-and-run accidents entail even more complications. Let us help. If you are injured by a negligent driver in Westchester County – whether or not that driver flees the scene – call The Law Offices of Joseph A. Marra in Yonkers at 914-344-5145 to find out more about your rights or to start the personal injury process at once.