What are My Rights After a Hit and Run Accident?

There are few things more shocking than being seriously injured in an accident, and seeing the other driver take off.  Recently, one of my clients was walking ON THE SIDEWALK when an out of control car went up ONTO THE SIDEWALK and hit him.  His leg was broken in several places and thankfully some people inside adjacent homes heard the noise and called for an ambulance and the police.  He was successfully treated for his injuries and the police caught the driver, who is being charged.  This bring us to the question of legal rights to compensation after a hit and run accident.

An experienced Queens Car Accident Attorney knows that there is always somewhere to go for compensation for hit and run accidents.  If you are able to get a plate number and confirm insurance with the offending vehicle, that policy will cover both your loss for both first party benefits (no-fault) and also for pain and suffering and other liability claims.  If you are hit by a New York car, the no-fault benefits will be at least $50,000, but if you are hit by an out-of-state vehicle, insured with a company that does not do business in New York, if could be significantly less, sometimes as little as $5,000.  If you have health insurance, it will cover you once the no-fault benefits have been expended.  New York required a minimum of $25,000 per person and $50,000 per incident in liability coverage for personal injuries.  It is a tragedy when there is so little coverage for catastrophic injuries, and with an out-of-state vehicle, it can be even less!  This is why some people purchase their own “under-insurance” policy to cover this type of accident.

                                                                           

If it’s not possible to get a plate number and the offending vehicle is not found by the police, the next place to go for coverage is a “car in your household.”  If anybody in your home owns a car that is insured, that policy with cover both no-fault and liability benefits under the terms of that policy.  This is a statutory scheme to afford coverage in such situations, so there will be absolutely no impact on the policy extending coverage, as it cannot be used a basis for r
aising premiums for that policyholder.

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