Hit and Run Accident Lawyer New York
When a driver flees the scene of a crash, the person left injured faces a different set of challenges than in a typical motor vehicle claim. There is no identified driver to name in a claim, no known insurance policy to pursue in the usual way, and often no witness statement beyond the injured person’s own account of what happened. This page addresses the civil recovery side of a hit-and-run accident, meaning the process of pursuing compensation for injuries and losses, separate from any criminal or Department of Motor Vehicles proceeding against a driver who is later identified. Recovery in these situations often depends on coverage available through the injured person’s own automobile insurance policy, such as uninsured motorist coverage, or through New York’s Motor Vehicle Accident Indemnification Corporation framework for accidents involving unidentified or uninsured vehicles. Law Offices Of SRIS, P.C. reviews the facts of hit-and-run accidents in New York to help injured individuals understand what avenues for recovery may be available. If you were injured by a driver who left the scene, call (888) 437-7747 to discuss your situation.
What Hit and Run Accident Claims Mean in New York
A hit-and-run accident is still a motor vehicle accident for purposes of New York’s no-fault insurance system. Basic economic loss benefits, such as medical expense coverage, are generally available to a covered person regardless of who was at fault or whether the responsible driver was ever identified, under the definitions in N.Y. Ins. Law § 5102 and the no-fault threshold framework in N.Y. Ins. Law § 5104. To pursue compensation beyond basic economic loss, an injured person generally must establish a serious injury as defined by the eight categories set out in N.Y. Ins. Law § 5102(d), which range from death and dismemberment to a permanent consequential limitation of use of a body organ or member and a significant limitation of use of a body function or system.
Because a fleeing driver cannot be sued directly until identified, an injured person typically looks first to their own automobile insurance policy for coverage that responds to hit-and-run situations, and, where that coverage is unavailable or insufficient, to New York’s statutory framework addressing claims against unidentified or uninsured vehicles. The specific procedural requirements, deadlines, and notice obligations that apply to a claim against this type of coverage differ from those in a standard claim against an identified, insured driver, which makes it important to understand which pathway applies as early as possible after the accident.
If the fleeing driver is later identified, New York’s comparative fault framework under N.Y. C.P.L.R. § 1411 applies to the case. Because a hit-and-run claim is a personal injury action subject to Insurance Law article 51, subsection (b) of that statute governs: an injured person whose own fault is found to be greater than the combined fault of the person or persons against whom recovery is sought is barred from recovery entirely. This differs from the general comparative fault rule in subsection (a), which applies to most other types of personal injury cases and reduces, rather than bars, a claimant’s recovery in proportion to their own fault.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Hit and Run Accident Cases
Mr. Sris and the firm’s Of Counsel attorneys begin a hit-and-run matter by reviewing the police report, any available witness accounts, surveillance or dashcam footage, and physical evidence such as vehicle damage that may help identify the fleeing driver or vehicle. The firm also reviews the client’s own automobile insurance policy to determine what coverage may apply to a hit-and-run situation, including any applicable notice requirements and deadlines that differ from a standard liability claim.
Where the responsible driver cannot be identified, the firm evaluates the client’s options for pursuing recovery through available insurance coverage or through the statutory framework that addresses accidents caused by unidentified vehicles, working to meet the procedural requirements that apply to that type of claim. If the driver is later identified through law enforcement investigation or other means, the firm shifts to evaluate the claim against that driver directly, including any comparative fault issues raised under N.Y. C.P.L.R. § 1411.
Throughout the matter, Mr. Sris and the firm’s Of Counsel attorneys document the client’s injuries, coordinate with treating providers, and communicate with the client’s insurance carrier on their behalf. The firm keeps clients informed of deadlines that may apply to their specific coverage, since hit-and-run claims can carry notice requirements that differ from other types of motor vehicle claims.
About the Firm
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced law since founding the firm in 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background in accounting and information systems from George Mason University informs his approach to cases involving insurance coverage analysis and damages documentation, both of which are central to hit-and-run claims. Mr. Sris and the firm’s Of Counsel attorneys concentrate in personal injury matters throughout New York, including cases involving unidentified or uninsured drivers. The firm’s Of Counsel attorneys contract directly with the firm. Anyone injured by a driver who left the scene may request a consultation to discuss a potential claim by calling (888) 437-7747.
Frequently Asked Questions
Can I still recover compensation if the driver who hit me was never identified?
Recovery may be available through your own automobile insurance policy, such as uninsured motorist coverage, or through New York’s statutory framework for claims involving unidentified vehicles. The specific coverage and procedural requirements that apply depend on your policy and the facts of the accident.
Does no-fault coverage apply to a hit-and-run accident?
Basic economic loss benefits under New York’s no-fault system are generally available regardless of whether the responsible driver was identified, subject to the definitions and threshold in N.Y. Ins. Law § 5102 and N.Y. Ins. Law § 5104. Recovery beyond basic economic loss generally requires establishing a serious injury under the categories in N.Y. Ins. Law § 5102(d).
What if the driver is later identified?
If the fleeing driver is identified, whether through law enforcement or other means, a claim may proceed against that driver directly, subject to New York’s comparative fault rules under N.Y. C.P.L.R. § 1411, including the bar under subsection (b) if your own fault is found greater than the driver’s.
Is a hit-and-run claim different from reporting the accident to police?
Yes. This page addresses the civil claim for compensation, which is a separate process from any criminal charges or Department of Motor Vehicles action against a driver who fled the scene. Reporting the accident to police remains an important step, but it does not by itself resolve a civil claim for injuries.
What should I do immediately after a hit-and-run accident?
Report the accident to police as soon as possible, seek medical attention, document the scene and any details about the fleeing vehicle you can recall, and notify your own insurance carrier promptly, since coverage for hit-and-run situations often carries its own notice requirements.
Related Pages
Car Accident Lawyer New York |
Motorcycle Accident Lawyer New York |
Lyft Accident Lawyer New York |
Negligence Lawyer New York |
Statute of Limitations for Personal Injury in New York
This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.
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A hit and run accident claim is one part of motor vehicle accidents work, and our page on car accident lawyer New York covers the wider process.