Hit-and-runs, or collisions where the at-fault driver leaves the scene without stopping, are unfortunately common in New York. These accidents can result in serious injuries, with increased risks due to delays in help arriving. Learn your rights in terms of filing a claim or lawsuit following a hit-and-run in New York.
Can You Use Your Own Car Insurance to Pay for a Hit-and-Run?
Under New York’s no-fault car insurance law, a hit-and-run accident victim can file a claim with their own car insurance company, in many cases. It is not necessary to identify the other driver or prove fault to receive insurance benefits from your own personal injury protection (PIP) coverage in New York. Every driver must carry at least $50,000 in PIP coverage under the no-fault law.
Another first-party type of insurance that may be available to cover a hit-and-run crash is uninsured or underinsured motorist (UM/UIM) insurance. This is an optional type of coverage that can provide relief when gaps occur since the at-fault driver does not have adequate insurance – or, in the case of a hit-and-run, the at-fault driver is never identified.
Who Can You Sue for a Hit-and-Run Accident in New York?
Aside from your own car insurance policy, other sources of financial compensation may be available to you as a victim of a hit-and-run in New York, depending on the circumstances. You may be able to file a lawsuit against one or multiple parties for negligence that caused or contributed to your accident.
The Driver
If the New York Police Department conducts a crash investigation that results in the identification of the hit-and-run driver in your case, you can rely on his or her car insurance to cover your losses. You may also be able to sue the driver directly for additional damages, if they have available assets to pay.
A Company or Employer
A trucking company, rideshare company, delivery service or another business may be held vicariously liable for a hit-and-run accident caused by its on-duty driver. Direct liability may also apply if the company was negligent in its operations, such as poor driver training or vehicle maintenance.
A Vehicle Part Manufacturer
If an investigation finds that a defective vehicle part contributed to the hit-and-run crash or exacerbated the severity of a victim’s injuries (e.g., bad brakes, a tire blowout, a defective seat belt or a faulty airbag), the manufacturer or distributor of the product could potentially be held liable through a product liability lawsuit.
The Government
If a road hazard or dangerous condition contributed to the hit-and-run, such as an obscured stop sign, pothole or malfunctioning traffic light, the State of New York or a municipal government agency may be held responsible.
When to Consider Suing for a New York Hit-and-Run Crash
You can take legal action against the driver who caused your car accident if the police have tracked down and identified them after a hit-and-run. If there is evidence suggesting that another party may also face responsibility for your crash and/or injuries, you should also consider suing that party for additional compensation.
An experienced car accident attorney in Forest Hills can thoroughly investigate your hit-and-run to determine who may be held liable in addition to the at-fault driver. Identifying every potentially liable party can allow you to maximize your financial recovery – even if the hit-and-run driver is never caught. For a free hit-and-run accident case review in New York, contact Abaev Law Firm, PLLC.